(Ord. 2025-03, passed 9-15-2025)

(Ord. 2025-03, passed 9-15-2025)

   (A)   The applicant shall file a properly completed application form, including a site plan, project description, and any other required supporting materials, with the Zoning Administrator. Once all required materials and information are submitted, the Zoning Administrator shall deem the application complete.

   (B)   The Zoning Administrator or his or her designee shall review the application to determine compliance with these regulations. Should the Zoning Administrator find that the application complies with these regulations, the application shall be approved. However, the Zoning Administrator may impose reasonable conditions on the zoning permit to ensure compliance with these regulations, as well as the regulations promulgated by other agencies as they may apply.

   (C)   The application shall be approved or denied within 20 business days of it being deemed complete, and the applicant shall be notified in writing within five business days of the decision.

(Ord. 2025-03, passed 9-15-2025)

(Ord. 2025-03, passed 9-15-2025)

(Ord. 2025-03, passed 9-15-2025)

   If the work described in the zoning permit has not begun within one year from the date of issuance, the permit expires and is void. Should the permittee request an extension of the zoning permit in writing, the Zoning Administrator may grant such an extension for not more than one year. Subsequent extensions will be considered on a case-by-case basis. Any such request for an extension must be made prior to the actual expiration of the zoning permit. The Zoning Administrator is not empowered to reinstate an expired zoning permit.

(Ord. 2025-03, passed 9-15-2025)

   (B)   Prior to initiating any permit revocation procedure, the City shall have:

      (1)   Conducted an inspection of the subject property;

      (2)   Thoroughly investigated any complaints;

      (3)   Contacted the permittee in writing notifying them of the nature of complaints, issues, and/or potential violations; and

      (4)   Provided the permittee every reasonable opportunity to address and correct conditions, violations, or deficiencies.

   (C)   A zoning permit may be revoked based on one or more of the following findings:

      (1)   That the initial application and/or representations made by the applicant in connection with the application were fraudulent or otherwise inaccurate or misleading to the extent that the decision to grant the zoning permit was based upon or influenced by said application or representations; and

      (2)   That operation of the authorized use or development has become a public nuisance and/or an imminent threat to the public health, safety, and general welfare.

   (D)   The City Council may revoke a zoning permit upon approval of a motion by simple majority where findings and cause for the revocation are set forth in the motion to revoke.

   (E)   The applicant shall be notified of the revocation action through a cease-and-desist order issued by the City Council.

(Ord. 2025-03, passed 9-15-2025)

   (A)   Any interpretation of these regulations or any decision made by the Zoning Administrator pursuant to these regulations may be appealed to the Board of Adjustment (BOA) following the procedures set forth below. Such an appeal shall be filed with the BOA within 25 business days of the Zoning Administrator’s decision.

      (1)   The appellant shall file a written appeal on a form provided by the City and shall provide all relevant supporting information. A filing fee shall be paid by the appellant.

      (2)   Upon receipt of the appeal, the Zoning Administrator shall publish a notice in the official city newspaper at least ten days prior to the next scheduled meeting of the Board of Adjustment and shall place the appeal on the Board’s agenda for that meeting. The Board must meet within 25 business days of an appeal filed with the Zoning Administrator.

      (3)   The BOA shall conduct a hearing on the appeal following procedures set forth in the Board’s adopted rules of procedure. No appeal shall be heard if the appellant or a representative is not present. If the appeal involves an action taken or permit granted to a third party, such as a property owner or development, no hearing shall be conducted unless the third party is present.

      (4)   Based upon relevant findings and conclusions, the BOA may uphold, overturn, or modify the action or interpretation made by the Administrator. The BOA shall take final action within 20 business days of the initial opening of the public hearing.

      (5)   The Zoning Administrator shall notify the appellant and other interested parties in writing of the BOA’s decision within five business days.

      (6)   Any decision of the BOA may be appealed to district court as provided in MCA § 76-2-327. Notice of intent to file an appeal shall halt all proceedings by the Zoning Administrator to carry out the BOA decision, unless in the judgment of the Zoning Administrator, such action is imperative due to imminent public health or life safety concerns.

   (B)   When in the judgment of the Zoning Administrator, a decision or interpretation of the regulations will affect a specific property or class of properties, and/or have a potentially significant impact on a neighborhood or landscape of the city, the Zoning Administrator shall notify adjacent property owners via first class mail of their intent to render a decision or interpretation. The letter shall explain the pending decision and shall invite comment for a period of not less than 15 days following the date of the letter. At the end of this comment period, the Zoning Administrator may officially render the decision or interpretation and communicate it in writing to all parties involved. Once the decision or interpretation is finalized, the decision or interpretation may be appealed to the Board of Adjustment through the procedure set forth in division (A) above.

(Ord. 2025-03, passed 9-15-2025)

   (A)   The applicant shall apply for a variance on a form supplied by the city. The applicable filing fee shall be paid, and all relevant supporting materials shall be submitted.

   (B)   Upon receipt of the application, the Zoning Administrator shall publish a notice in the official city newspaper at least 15 calendar days prior to the next regular meeting of the Board of Adjustment and shall place the variance on the Board’s agenda for that meeting.

   (C)   The Zoning Administrator shall notify all property owners within 150 feet of the subject property by regular first-class mail at least 15 calendar days prior to the date of the hearing by the BOA.

   (D)   The BOA shall conduct a hearing on the proposed variance following procedures set forth in the Board’s adopted rules of procedure. No hearing shall be conducted if the applicant or a representative is not present.

   (E)   In applying the provisions of MCA § 76-2-323(1)(c), the BOA may only grant relief upon a finding that the following criteria are met in substance as they may apply to the application:

      (1)   The variance is necessitated due to exceptional and/or extraordinary circumstances or conditions that are unique to the subject property, and are not generally characteristic of similarly situated properties;

      (2)   Approval of the variance(s) will preserve a property right or use that is generally enjoyed by owners of similarly situated properties, and conversely, approval of a variance will not bestow a special privilege on the applicant that is not generally enjoyed by the owners of similarly situated properties;

      (3)   The alleged hardship has not been created by the applicant;

      (4)   Specific relief from the code shall be the minimum necessary; and

      (5)   Adverse impacts associated with granting relief from the code are avoided or effectively mitigated.

   (F)   Conditions may be imposed by the BOA that will cause the above criteria to be met.

   (G)   Final action is required on a variance request within 20 business days of the initial opening of the public hearing.

   (H)   The Zoning Administrator shall notify the applicant and interested parties of the BOA decision in writing within five (5) business days.

   (I)   Decisions of the BOA may be appealed to the District Court as set forth in MCA § 76-2-327.

   (J)   Granting of a variance allows the applicant specific relief from the provisions of this code. Granting of a variance does not convey broad powers to deviate from other standards and requirements set forth herein. A variance runs with the land and is not transferable to another site or property.

(Ord. 2025-03, passed 9-15-2025)

   (B)   Powers and duties. The Zoning Administrator or their designees shall:

      (1)   Enforce any and all provisions of these regulations;

      (2)   Keep complete, accurate, and secure records;

      (3)   Accept applications and appeals, and ensure their appropriateness and completeness;

      (4)   Update these regulations and the official zoning map as directed by the City Council;

      (5)   Report to the Zoning Commission and City Council any recommendations for amendments and improvements to these regulations, and the procedures contained herein;

      (6)   Interpret these regulations as they apply to specific properties and developments, with the provision that the Zoning Administrator does not have the authority to alter these regulations as they may apply to a specific property or to grant relief from the provisions of these regulations;

      (7)   Determine the location of any zoning district boundary;

      (8)   Render lawful similar use rulings for uses not specifically listed in the use table for the applicable zoning district;

      (9)   Make a zoning determination that clarifies what the zoning code allows on a specific lot. Zoning determinations can include:

         (a)   The meaning of a regulation under this code.

         (b)   How a land use should be classified under this code.

         (c)   Whether a proposed structure complies with requirements of this code.

         (d)   Whether an owner has vested rights under this code.

      (10)   Receive and investigate allegations of noncompliance or violation of these regulations and take appropriate abatement action;

      (11)   Review and issue zoning permits;

      (12)   Review and make recommendations to the Zoning Commission and the City Council on conditional use permit applications;

      (13)   Review and make recommendations to the Zoning Commission and the City Council on applications for planned unit developments (PUD);

      (14)   Make recommendations to the Board of Adjustment on variance applications; and

      (15)   Make recommendations to the Zoning Commission and City Council with regard to amendments to these regulations, the official zoning map, and to annexations.

(Ord. 2025-03, passed 9-15-2025)

   (B)   The duties and powers of the Board of Adjustment are as follows:

      (1)   The Board of Adjustment shall consist of five (5) members appointed by the Mayor and confirmed by the City Council.

      (2)   The Board of Adjustment is established by City Ordinance, as may be amended from time to time.

      (3)   The Board of Adjustment shall serve without compensation, except for expenses authorized in the performance of their duties.

      (4)   The Board of Adjustment shall have the authority to:

         (a)   Hear and decide appeals in which it has been alleged that there is an error in order, requirement, decision, or interpretation made by the Zoning Administrator in the enforcement of these regulations;

         (b)   Hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance; and

         (c)   Hear and grant or deny any proper application for a variance to the terms, conditions, or standards of these regulations.

   (C)   The Board of Adjustment shall conduct hearings according to its own adopted rules of procedure.

(Ord. 2025-03, passed 9-15-2025)

   (B)   The Zoning Commission is established as authorized in MCA § 76-2-307.

   (C)   The duties and powers of the Zoning Commission are as follows:

      (1)   To conduct hearings and advise the City Council on matters of annexation, including the appropriate zoning district to which annexed property may be applied;

      (2)   To conduct studies and investigations on growth and/or growth management issues arising within and/or affecting the city, and to advise the City Council on such matters; and

      (3)   To hold public hearings on any request to amend these regulations and/or the official zoning map of the city, and to make recommendations to the City Council on such amendment requests.

      (4)   Review and hold hearings on conditional use permit (CUP) applications and provide a recommendation to the City Council.

      (5)   Prepare, amend and recommend the Growth Policy to City Council.

(Ord. 2025-03, passed 9-15-2025)

   (B)   Applications for Zoning Code text amendments shall be made on a form provided by the city, and the applicable filing fee shall be paid. No application can be considered complete without the applicable fee.

   (C)   In the application, the complete rationale for the amendment must be provided, and the following criteria must be addressed to the extent they are applicable:

      (1)   How the proposed text amendment implements the growth policy more effectively than existing language in the Zoning Code;

      (2)   How the proposed text amendment will promote the public health, safety, and general welfare;

      (3)   How the proposed amendment facilitates the adequate provision of transportation, water, wastewater, schools, parks, and other public services;

      (4)   Impact of the proposed text amendment on motorized and nonmotorized transportation systems;

      (5)   How the proposed text amendment promotes compatible urban growth and enhances the character and qualities of the city;

      (6)   How the proposed text amendment will contribute to conserving the value of buildings and encouraging the most appropriate use of land throughout the city; and

      (7)   Additional community benefits, if any, that will be provided or promoted by the proposed text amendment.

   (D)   Once the Zoning Administrator has deemed the application complete, it shall be forwarded to the Zoning Commission for review and a public hearing. The public hearing shall be held no later than 60 calendar days after the application has been received by the Zoning Commission. The Zoning Administrator shall provide notice of the public hearing in a newspaper of general circulation at least 15 calendar days prior to the date of the hearing, and all other procedures set forth in section MCA § 76-2-303 shall be followed. The Zoning Administrator shall provide a written review and recommendation to the Zoning Commission on the proposed text amendment.

   (E)   The Zoning Commission shall forward its recommendation to the City Council within seven (7) business days of the meeting at which the recommendation is adopted.

   (F)   The City Council shall take action on the proposed amendment and Zoning Commission recommendation within 30 business days following the receipt of the recommendation.

   (G)   Final action to adopt a Zoning Code amendment shall be by ordinance and will become effective 30 days after adoption of the ordinance per MCA.

(Ord. 2025-03, passed 9-15-2025)

   (B)   Applications for zoning map amendments shall be made on a form provided by the city. The application shall include a scaled map of the proposed amendment area depicting existing and proposed zoning districts. The application must be signed by all owners of record of at least one property in the area of the proposed amendment, or a separate letter of authorization, also signed by all owners of record of at least one of the affected properties, may be issued to the applicant.

   (C)   In the application, the complete rationale for the zoning map amendment must be provided, and the following criteria shall be addressed to the extent they are applicable:

      (1)   How the proposed map amendment implements the growth policy more effectively than the existing zoning district(s);

      (2)   How the proposed amendment will promote the health, safety, and general welfare;

      (3)   How the proposed amendment facilitates the adequate provision of transportation, water, wastewater, schools, parks, and other public services;

      (4)   Impact of the proposed amendment on motorized and non-motorized transportation systems;

      (5)   How the proposed amendment promotes compatible urban growth and enhances the character and qualities of the city;

      (6)   How the proposed map amendment will contribute to conserving the value of buildings and encouraging the most appropriate use of land throughout the city; and

      (7)   Additional community benefits, if any, will be provided or promoted by the proposed map amendment.

   (D)   Once the Zoning Administrator has deemed the application complete, it shall be forwarded to the Zoning Commission for review and a public hearing. The public hearing shall be held no later than 60 calendar days after the application has been received by the Zoning Commission. The Zoning Administrator shall provide notice of the public hearing in a newspaper of general circulation at least 15 calendar days prior to the date of the hearing, and all other procedures set forth in MCA § 76-2-303 shall be followed. The Zoning Administrator shall provide a written review and recommendation to the Zoning Commission on the proposed map amendment.

   (E)   The Zoning Commission shall forward its recommendation to the City Council within seven business days of the meeting at which the recommendation is adopted.

   (F)   The City Council shall take action on the proposed amendment and Zoning Commission recommendation within 45 business days following the receipt of the recommendation.

   (G)   Final action to adopt a zoning map amendment shall be by ordinance and will become effective 30 days after adoption of the ordinance per MCA.

(Ord. 2025-03, passed 9-15-2025)

   A Conditional Use Permit (CUP) may be granted to allow a Conditional Use only for a use or structure listed as such under the zoning district uses and only after the Zoning Commission has made Findings of Fact that the Conditional Use complies with the following standards. The following standards apply in addition to standards of general applicability.

   Only those uses specifically listed as conditional uses are allowed in the applicable district unless in the opinion of the Zoning Administrator, a proposed conditional use is of the same general character as those listed.

   (B)   The applicant shall apply for a CUP on a form supplied by the city. The applicable filing fee, which is established by resolution by the City Council, shall be paid, and all relevant supporting materials shall be submitted.

   (C)   Upon receipt of an application that has been determined by the Zoning Administrator to be complete, the Zoning Administrator shall publish a notice in the official city newspaper at least 15 calendar days prior to the next regular meeting of the Zoning Commission and shall place the permit application on the Commission’s agenda for that meeting.

   (D)   The Zoning Administrator shall notify all property owners adjacent to the subject property by regular first-class mail at least 15 calendar days prior to the date of the hearing by the Zoning Commission or the City Council.

   (E)   The Zoning Administrator shall provide a written review and recommendation on the proposed CUP to the Zoning Commission.

   (F)   The Zoning Commission shall conduct a hearing on the proposed conditional use permit. No hearing shall be conducted if the applicant or a representative is not present and subsequent hearing date will be identified by the Zoning Commission. The Zoning Commission may accept comment from members of the public in attendance if the applicant or their representative is not in attendance.

   (G)   Findings of Fact: At the conclusion of the public hearing the Zoning Commission shall make a recommendation to the City Council on the following Findings of Fact on whether the proposed Conditional Use complies with the following standards.

      (1)   Consistent with Growth Policy: The Conditional Use is consistent with the policies, goals, objectives, and strategies of the City of Boulder Growth Policy.

      (2)   Compatibility: The Conditional Use is compatible with the character of the immediate vicinity including the bulk, scale, and general appearance of neighboring buildings and uses.

      (3)   Minimizes Adverse Impact: The design, development, and operation of the Conditional Use minimize and mitigate adverse effects, including visual impact of the proposed use on adjacent lands.

      (4)   Minimizes Adverse Environmental Impact: The development and operation of the proposed Conditional Use minimizes adverse environmental impacts. Environmental resources to be assessed include, but are not limited to, wetlands, riparian areas, steep slopes, mature vegetation, and the floodplain.

      (5)   Impact on Public Facilities and Services: The Conditional Use does not have a significant adverse impact on public facilities and services, including, but not limited to, transportation systems, potable water and wastewater facilities, storm drainage, solid waste and recycling, parks, trails, sidewalks, schools, police, fire, and EMT facilities.

      (6)   Hazard, Nuisance: The proposed Conditional Use will not create a hazard to persons or property and will not create a nuisance arising from, but not limited to, traffic, noise, smoke, odors, dust, vibration, or illumination.

   (H)   Mitigation: The Zoning Commission may recommend reasonable mitigation to the City Council for the impacts identified in subsection G above for any proposed CUP. Mitigation may include but is not limited to landscaping, vegetative screening, parking areas, street construction, sidewalks, limits on signage etc.

   (I)   The City Council will review the Zoning Commission’s recommendation on the proposed CUP at a regularly scheduled and noticed public meeting of the Council. The Council shall render a final decision on the Commission’s recommendation within 45 calendar days of the Commission’s recommendation and shall provide the applicant with a written approval or denial including any required conditions for an approval.

   (J)   Other Codes: The Conditional use must comply with all applicable City codes and ordinances.

   (K)   Run with the Land: An approved CUP shall run with the land and may be transferred to another owner.

   (L)   Expiration, Discontinuance or Abandonment: An approved CUP shall expire on the one (1) year anniversary date of approval if the permit is not put to use, unless an alternate timeline is established in the development approval. If a Conditional Use is operationally discontinued or abandoned for a period of more than twelve (12) consecutive months, regardless of the removal or non-removal of furniture/equipment or any intention to resume such activity in the future, the Conditional Use may not be reestablished or resumed. Any subsequent use of the site shall conform to this Code.

(Ord. 2025-03, passed 9-15-2025)

   (B)   The standards, guidelines and procedures of this Code shall be enforced by the Mayor and City Council of the City of Boulder through its authority to abate any violations and enjoin and restrain any person violating this Code pursuant to Montana law.

   (C)   Violations: Any of the following shall be a violation of this Code and shall be subject to the remedies and penalties provided by this Code.

      (1)   Establish Use, Structure or Sign Without Permit or Approval: To establish or place any use, structure or sign upon land that is subject to this Code without all required approvals, permits and certificates.

      (2)   Development Without Permit or Approval: To develop, construct, remodel, expand or any other activity of any nature that is subject to this Code without all required approvals, permits and certificates.

      (3)   Establish Use or Development Inconsistent with Permit: To engage in a use or develop, construct, remodel or expand a structure or sign, or any other activity of any nature that is inconsistent with the terms and conditions of any permit, approval, certificate, or any other form of authorization required for such activity.

      (4)   Establish Use or Development Inconsistent With Code: To use, construct, erect, remodel, expand, maintain, or move any building, structure or sign in violation of any provision of this Ordinance.

      (5)   Create A Nonconforming Condition: To reduce or diminish any lot area or structure setback, or to increase the intensity or density of any use of land or structure, except in accordance with the standards and procedures of this ordinance.

   (D)   Continuing Violations: After the Zoning Administrator issues a written notice of violation to the owner of the land, building, structure, or sign that is the subject of a violation, each calendar day the violation remains uncorrected shall constitute a separate and additional violation of this Code.

   (E)   Responsibility of Enforcement, Compliance: The Zoning Administrator shall have the responsibility to enforce this Code. The owner of the land, building, structure, or sign that is subject to a violation has the responsibility to eliminate the violation and achieve compliance with this Code.

   (F)   Enforcement Procedures: In addition to any additional authorities and procedures provided to the City of Boulder by general or specific law, the following procedures shall apply to the enforcement of this Code:

      (1)   Inspection: The Zoning Administrator or their designee shall have the authority to enter onto land within the boundaries of the City of Boulder to inspect for violations of this Code.

      (2)   Withhold Permit: The City may deny or withhold any permit, approval, certificate, or any other form of authorization required by the provisions of this Code upon determining that an uncorrected violation of this Code exists on the land, building, structure, or sign for which a permit or authorization is sought.

      (3)   Condition a Permit: Instead of withholding or denying a permit or other authorization, the City may grant such authorization subject to the condition that a violation be corrected.

      (4)   Revocation or Suspension of Permit: The Zoning Administrator may revoke or suspend a permit, approval, certificate, or other authorization upon determining any of the following actions has occurred:

         (a)   Departure from Plans: The actions of the landowner, contractor, developer, or authorized agent of the owner have departed from the approved plans or specifications, or the conditions or terms of an approved permit or other authorization.

         (b)   False Representation: The permit, approval, certificate, or other authorization was obtained by false representation or was issued in error.

         (c)   Violation: A violation exists on the land, building, structure, or sign that is subject to the permit or other authorization.

      (5)   Stop Work Order: The Zoning Administrator may require that work stop on any land, building, structure, or sign that is subject to an uncorrected violation of this Code or the terms or conditions of a permit or other authorization. This Stop Work Order may be issued in conjunction with or separate from a revocation or suspension of a permit.

      (6)   Injunctive Relief: The City may seek an injunction or other equitable relief in court to stop any violation of this Code or the terms or conditions of a permit or other authorization.

      (7)   Abatement: The City may seek a court order in the nature of mandamus, injunction, or other action to abate or remove a violation and to restore the premises to the condition that existed prior to the violation.

      (8)   Civil Remedies: The City may seek civil penalties and other punishment provided by the law.

(Ord. 2025-03, passed 9-15-2025)

   If the violation is of such a nature that it can be negated through relief from the strict provisions of these regulations, a completed application for a variance, properly filed with the Zoning Administrator, shall stay all abatement proceedings until the Board of Adjustment, following the procedures set forth in Section 153.30, renders a decision on the variance application unless the Zoning Administrator determines that a stay could cause imminent threat to life or property.

(Ord. 2025-03, passed 9-15-2025)

(Ord. 2025-03, passed 9-15-2025)

(Ord. 2025-03, passed 9-15-2025)

   (B)   The owner or tenant of any buildings, structures, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and penalties herein provided.

   (C)   Nothing contained herein prevents the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 2025-03, passed 9-15-2025)