Big Timber City Zoning Code
LAND USE
PERMITS
§ 154.425 ADMINISTRATION AND ENFORCEMENT.
(A) Zoning Officer. The Zoning Officer, as designated by the City Council, shall administer and enforce this chapter. The Zoning Officer may be provided with the assistance of such other persons as the City Council may direct, and those assistants shall have essentially the same responsibilities as directed by the Zoning Officer.
(B) Violations.
(1) If the Zoning Officer finds that any of the provisions of this chapter are being violated, he or she shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.
(2) The Zoning Officer shall order discontinuance of illegal use of land, buildings, illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions.
(3) If no corrective action is taken by the violator, the Zoning Officer shall notify the City Attorney with the facts concerning the violation and steps taken to correct it.
(2015 Code, § 11-23-1) (Ord. 454, passed 6-19-2000)
§ 154.426 DUTIES OF ZONING OFFICER.
(A) Check for compliance. It is the intent of this title that the Zoning Officer shall check all plans and applications for permits for compliance with this title, both before and during construction.
(B) Noncompliance. If, during this procedure, the Zoning Officer deems that the proposed plan or construction does not comply with this chapter, he or she shall inform the applicant of the infraction and shall stop all construction of the project until such time as the applicant, builder, or principal revises his or her plan to conform to this title or obtains a variance, conditional use permit, or zone change as set forth herein.
(C) Occupancy permit. If, upon inspection of the construction, the Zoning Officer deems that the structure does comply with this chaper, the Zoning Officer shall issue an occupancy permit. A copy of the occupancy permit shall be posted at the construction site.
(2015 Code, § 11-23-2) (Ord. 454, passed 6-19-2000)
§ 154.427 USES NOT REQUIRING PERMITS.
(A) No land use permit shall be required for any alteration or modification to an existing structure if:
(1) The existing footprint and roofline of the structure will not be altered; and
(2) The existing roofline of the structure will be altered but the new height will not exceed the height requirement for the specified zone.
(B) In either case, the use of the structure must be a permitted use for the district in which the structure is located.
(2015 Code, § 11-23-3) (Ord. 454, passed 6-19-2000)
§ 154.428 USES REQUIRING PERMITS.
(A) Land use permit required. Buildings or other structures to be erected, moved, added to, or structurally altered, except those that do not require permits according to § 154.427, must be properly permitted. No land use shall be changed without a valid land use permit.
(B) Application. Said land use permit shall be obtained by application to the Zoning Officer. Application shall be accompanied by plans, drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the legal description of the parcel, the exact sizes and location of the lot(s) or buildings already existing, if any, and the location and dimensions of the proposed buildings or alterations, including height.
(C) Additional information. The application shall include such other information as lawfully may be required by the Zoning Officer, including existing or proposed building and land; the number of families, housing units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter.
(D) Distribution of copies. One copy of the application and plans shall be returned to the applicant by the Zoning Officer after he or she has marked such copy either approved or disapproved and attested to same by his or her signature. The second copy similarly marked shall be retained by the Zoning Officer.
(E) Forms available. Land use permit applications are available from the Zoning Officer at the City-County Planning Office.
(2015 Code, § 11-23-4) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.429 CONFORMANCE.
(A) Required. No permit of any type shall be issued unless it conforms with the regulations contained within this chapter. Permits issued on the basis of plans and applications approved by the Zoning Officer authorize only the use, arrangement, and construction set forth in such approved plans and applications, and any other use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter, punishable as provided in § 154.999.
(B) Conditional uses and variances. Conditional use permits approved by the City Council and variances granted by the Board of Adjustment shall be deemed in conformance with the terms of this chapter. However, land use permits shall be issued only in accordance with the terms set forth in the conditional use permit and variance sections of this chapter.
(2015 Code, § 11-23-5) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.430 EXPIRATION OF PERMITS.
Every land use permit issued by the Zoning Officer, under the provisions of this chapter, shall expire by limitation and become null and void if the building or work authorized by such permit has not commenced within 180 days from the date of such permit or if the building, work, or use authorized by such permit is suspended or abandoned any time after the work is commenced for a period of 120 days. Before such work or use can recommence, a new permit shall first be obtained.
(2015 Code, § 11-23-6) (Ord. 454, passed 6-19-2000)
§ 154.431 SCHEDULE OF FEES, CHARGES, AND EXPENSES.
(A) Fees established. The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for land use permits, conditional use permits, variances, and zoning amendments. The schedule of fees, listed in the table below, shall be posted in the City-County Planning Office and may be altered or amended only by the City Council.
City Zoning Ordinance Fee Schedule
| |
Conditional use permit | $100 |
Land use permit | $10 |
Variance request | $50 |
Zone change/amendment | $150 |
The fees are based on two objectives: 1. Covering actual costs of processing applications, including staff review time, holding hearings, and making on-site inspections. 2. Keeping fees low enough to promote affordable housing. | |
(B) Payment required. Until all applicable fees and charges have been paid in full, no action may be taken on any application or appeal.
(2015 Code, § 11-23-7) (Ord. 454, passed 6-19-2000)