There is hereby created the position of zoning administrator, who shall be a duly appointed person charged with the administration, interpretation, and enforcement of this zoning title.

The zoning administrator, his assistant, or designee shall:

1. Enforce any and all provisions of this title;
2. Keep complete, accurate, and secure records;
3. Accept applications and appeals and ensure their appropriateness and completeness;
4. Accept and remit fees as established in the adopted administrative procedures;
5. Update this title and the official zoning map as directed by the city council;
6. Provide for the accuracy and the security of the official zoning map;
7. Undertake any other administrative function appropriate to the office of zoning administrator;
8. Report to the city council any recommendations for changes and improvements in this title and the procedures therein;
9. Issue any permit, granted by the city council or ordered by the board of adjustment, and make periodic inspections to verify that all conditions of such granted permits are complied with by the applicant or his agent;
10. Receive and investigate allegations of noncompliance or violation of these regulations, report findings to the city council, and file a complaint where such allegations are based on apparent fact;
11. Refer any matters under appeal to the board of adjustment for their action;
12. Make recommendations to the city council in connection with any conditional use permit or to the board of adjustment in connection with any application for variance or appeal, such conditions as he may deem necessary in order to fully carry out the provisions and intent of this title;
13. Determine the location of any district boundary shown on the zoning map adopted as part of this title when such location is in doubt; and
14. Refer to the planning board for placement of all uses not categorically permitted but deemed to be synonymous by the zoning administrator. The planning board shall reserve the right to declare a “new” use and thus require a zoning title amendment for placement of said “new” use.
15. The power to enter upon the property in violation of any requirement of this Chapter 18 after written notice and a show cause hearing, if applicable, for the specific purpose of abating the violation.
16. The power to assess the property owner for the actual costs of an abatement made pursuant to Subsection O above.

1. The zoning commission for the city shall be the Columbia Falls city-county planning board, which shall also be referred to as the planning board (M.C.A. 76-1-101 and 76-1-108).
2. The membership of the planning board shall consist of nine members representative of areas both within and without the incorporated limits of the city, whose terms, status, appointments, etc. are set forth in state law (M.C.A. 76-1-201 to 76-1-204), and the rules of procedure adopted by the Columbia Falls city-county planning board.
3. The members of the planning board shall serve without compensation, other than reimbursement for approved budgeted expenditures incurred in carrying out the functions of the zoning commission.

It shall be the duty of the planning board to hold public hearings where necessary and make recommendations to the city council on all matters concerning or relating to the creation of zoning districts, the boundaries thereof, the appropriate regulations to be enforced therein, the amendments of this title, and any other matter within the scope of zoning power. The planning board shall make recommendations and an annual report to any governing bodies represented on the board concerning the operation of the board and the status of planning within the jurisdiction (M.C.A. 76-1-305 [4]). The planning board is also authorized to confer with and advise other city, county, regional, or state planning or zoning commissions.

1. There is hereby created a "board of adjustment."
2. The board shall consist of not less than five members nor more than seven members appointed by the city council with at least one such member residing in the extra-territorial jurisdiction (if the jurisdiction extends beyond the corporate limits) and the remaining members residing within the corporate limits of the city.
3. Board members shall serve without compensation.

The powers, duties, and terms of office are set forth in M.C.A. 76-2-321 to 76-2-324 and the rules of procedure adopted by the city board of adjustment.

The board of adjustment shall not by either variance or appeal process make any change in uses categorically permitted in any zoning classification or zoning district, or amend the zoning text or map.

Any person, the city, any federal, state, regional, county, school district, or city government agency may file an appeal when aggrieved by a decision or interpretation made by the zoning administrator, provided that the appeal is based on an allegation that:

1. The zoning administrator made an error in the interpretation of this title; and
2. The erroneous interpretation specifically aggrieves the appellant.

1. Appeals to the board of adjustment must be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds of the appeal. The required fee shall be paid when the appeal is filed.
2. No part of any such fee shall be returnable after an appeal is filed and such fee paid, except upon petition by the appellant and approval of the zoning administrator.
3. The zoning administrator or other officer from whom the appeal is taken shall transmit in a timely manner any appeal with all supporting materials to the board of adjustment.
4. The zoning administrator shall fix a reasonable time for the hearing and give notice thereof to the parties of interest and the public by publishing notice in a newspaper of general circulation in the community at least fifteen days prior to such hearings.
5. Where an appeal concerns a particular piece of property, all property owners within one hundred fifty feet of the subject property shall be notified by mail at least fifteen days prior to the hearing. When the subject property abuts a public right-of-way, the one hundred fifty foot measurement shall be in addition to this right-of-way along the abutting side.
6. An appeal under the terms of this title stays all proceedings in the matter appealed unless the zoning administrator or other officer from whom the appeal is taken certifies to the board of adjustment hearing the application that, by reason of the facts stated in the certification, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the board hearing the appeal or by a court of record on application and notice to the zoning administrator from whom the appeal was taken and due cause shown.
7. Decisions of the board of adjustment shall be by motion. The basis for the decision on each appeal, and a detailed summary of the facts and basis supporting such determination shall be recorded in the decision and shall constitute a part of the record thereof.
8. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator or other officer from whom the appeal is taken or to decide in favor of the applicant on any matter.
9. A hearing may be continued at the request of the applicant or upon motion of the board, provided however, that the granting of a continuance is a matter of grace, resting solely in the discretion of the board, and a refusal to continue is not a denial of a right, conditional or otherwise.
10. Decision on continuance of a hearing can be reached by a simple majority, but must be made prior to voting on the application itself.
11. Any person aggrieved by a decision of the board of adjustment may file an appeal with a court of competent jurisdiction within thirty days of the filing of the decision by the board.

Certain circumstances may exist or arise wherein an unnecessary hardship is created through strict adherence to the provisions of this title. There are hereinafter provided provisions for the granting of a variance from the provisions of this title, so that the public welfare is secured and substantial justice can be done to those so affected.

1. Application for a variance may be filed by any property owner or their designated agent for the affected property.
2. Such application shall be made on a form provided by the office of the zoning administrator. Multiple requests for variances for the same project may be filed on a single application and charged a single fee.
3. The completed application and fee shall be submitted to the zoning administrator.
4. No part of any such fee shall be refundable after an application is filed and such fee paid, except under petition by the applicant and approval by the zoning administrator. No fee paid for an action which is declared closed or ruled invalid shall be refunded.

1. After acceptance by the zoning administrator or his designee, the completed application shall be transmitted to the staff of the board of adjustment for their review and evaluation and shall set a hearing date, publish notice thereof as provided for in this title and notify all parties of interest. Public notice of the hearing shall be placed in a newspaper of general circulation in the community at least fifteen days prior to the date of the hearing.
2. Written notice shall be mailed to all property owners within one hundred fifty feet of the subject property at least fifteen days prior to the said hearing. Where the subject property abuts a public right-of-way, the one hundred fifty feet measurement shall be in addition to this right-of-way along the abutting side.
3. Findings are required to be made by the board for approval of a variance. No variance shall be granted unless the board finds all the following conditions are met or found to be not pertinent to the particular case:
   1. Strict compliance with the provisions of this title will:
      1. Limit the reasonable use of the property, and
      2. Deprive the applicant of rights enjoyed by other properties similarly situated in the same district.
   2. The hardship is the result of lot size, shape, topography or other circumstances over which the applicant has no control.
   3. The hardship is peculiar to the applicant property.
   4. The hardship was not created by the applicant.
   5. The hardship is not economic (when a reasonable or viable alternative exists).
   6. Granting of the variance will not adversely affect the neighboring properties or the public.
   7. The variance requested is the minimum variance which will alleviate the hardship.
   8. Granting the variance will not confer a special privilege that is denied other similar properties in the same district.
4. Every decision of the board of adjustment shall be made by motion and shall be based upon "findings of fact" and every finding of fact shall be supported in the record of its proceedings. The enumerated conditions required to grant a variance under this title shall be construed as limitations on the power of the board to act. A mere finding or recitation of the enumerated conditions unaccompanied by findings of specific fact shall not be deemed in compliance with this title.
5. In approving a variance, the board may impose such conditions as are, in its judgment, necessary to promote the general provisions of this title.
6. It shall take the affirmative vote of four members of the board to grant a variance.
7. A hearing may be continued at the request of the applicant or upon motion of the board. The granting of a continuance rests solely in the discretion of the board, and a refusal to continue is not a denial of a right, conditional or otherwise.
8. Decision on continuance of a hearing can be reached by a simple majority, but must be made prior to voting on the application itself.
9. A variance shall be valid indefinitely, provided it is excised within one year of the date of issuance, or as otherwise provided for by the board of adjustment.
10. The board of adjustment shall act upon any application for a variance within sixty days of the date of filing with the zoning administrator. Failure of the board to act within this timeframe shall constitute approval of the application.
11. A request may be reheard only when there has been a manifest error affecting the board's decision or it appears that a substantial change in facts, evidence, or conditions has occurred. Such determination shall be made by the zoning administrator within sixty days of final action by the board.
12. Any person aggrieved by a decision of the board of adjustment may file an appeal with a court of competent jurisdiction within thirty days of the filing of the decision by the board.

No structure, building, or land shall be used, constructed, altered, or expanded where a conditional use permit is specifically required by the terms of this title until a conditional use permit for such use has been authorized by the planning board and issued by the zoning administrator.

Structures or buildings devoted to any use which is permitted under the terms of this title subject to the securing of a conditional use permit, may be altered, added to, enlarged, expanded, or moved from one location to another on the lot only after securing a new conditional use permit. Exception: a new conditional use permit shall not be required when the alterations, enlargements, expansions or relocations are, in the sole determination of the zoning administrator, minor in scale and do not materially effect the overall appearance, design, functionality and scale of the structure or building, which determination by the Zoning Administrator shall be made after reviewing the plans of the proposed changes.

1. Application for a conditional use permit may be made by the owner of the affected property, or his designated agent, on a form that may be obtained from the zoning administrator.
2. The completed application and fee shall be submitted to the zoning administrator or his designee. Such fee is not refundable.
3. A conditional use application may include multiple buildings or a single building on multiple contiguous lots or a single lot provided the building is part of a complex providing related uses.

1. After acceptance by the zoning administrator or his designee, the completed application shall be transmitted to the staff of the planning board for their review and evaluation.
2. The planning staff shall set a date for a public hearing and publish a public notice which advertises the public hearing before the planning board at least once in a newspaper of general circulation in the community at least fifteen days prior to the meeting of the planning board at which the application is to be considered.
3. The planning staff shall also mail written notice to all abutting and adjacent property owners within one hundred fifty feet of the subject property not less than fifteen days prior to the date of formal review by the planning board. Where the subject property abuts a public right-of-way, the one hundred fifty foot measurement shall be in addition to the right-of-way along the abutting side.
4. Written comment from adjacent property owners shall be specific when maintaining that the granting of the conditional use permit would adversely or injuriously affect their personal or legal interests.
5. The planning board shall consider the application at its next regular meeting following the public notice process. The board shall make a recommendation to the city council to approve, conditionally approve or deny the application.
6. Upon receipt of the recommendation of the planning board, the city council shall hold a public hearing and render a determination whether to approve, conditionally approve, or deny the application for a conditional use permit based on public input, the staff report, and findings of the planning board.
7. Should a decision not be rendered by the city council within ninety days after acceptance of the completed application by the zoning administrator and the payment of the appropriate fees, the application shall be deemed approved unless said time limit has been extended by an agreement between the zoning administrator and the applicant.
8. In certain circumstances, the city council may elect to place certain required conditional use permits into an administrative review category; for example, those that may be required for minor amendment to an already approved conditional use permit, whereby the zoning administrator may issue such an administrative conditional use permit in compliance with guidelines set forth by the city council. This provision shall not be construed so as to give the power to grant or deny the conditional use permit to other than the city council, and shall apply only to specific categories or instances predetermined by the city council.

Upon rendering a decision to grant a conditional use permit, with or without stipulations or conditions that must be adhered to by the applicant, the city council shall notify the zoning administrator of their decision, and he shall issue a conditional use permit with stipulations, if any, itemized in brief on the face of the permit. The application and all subsequent information, correspondence, evaluations, recommendations, and decisions shall then be placed on permanent file in the office of the zoning administrator.

Once granted, the conditional use permit with its terms and conditions shall:

1. Run with the lot, building, structure, or use and shall not be affected by change of ownership.
2. Terminate twelve months from the date of authorization if commencement of authorized activity has not begun:
   1. Unless otherwise specified in the conditions of the approval, or
   2. Unless the applicant can demonstrate and maintain a continuous effort in good faith (preparing financing, securing state or federal permits, undertaking engineering and design, etc.) in commencing the activity.

1. In the event an application is denied by the city council, no resubmittal of an application for a conditional use permit may be made for one year from the date of said denial, unless sufficient new evidence or conditions are offered to the zoning administrator to demonstrate to him that circumstances have altered and that further consideration of the application is warranted. In such an event, the resubmitted application shall follow the same procedures as the original, and shall be treated as a new application.
2. Denial of an application for a conditional use permit may be appealed to a court of competent jurisdiction within thirty days of such a denial.

A conditional use permit may be granted only if the proposal, as submitted, conforms to all of the following general conditional use permit criteria, as well as to all other applicable criteria that may be requested.

1. Site Suitability. That the site is suitable for the use. This includes:
   1. Adequate usable space,
   2. Adequate access, and
   3. Absence of environmental constraints.
2. Appropriateness of Design. The site plan for the proposed use will provide the most convenient and functional use of the lot. Consideration of design should include:
   1. Parking scheme,
   2. Traffic circulation,
   3. Open space,
   4. Fencing/screening,
   5. Landscaping, and
   6. Signage.
3. Availability of Public Services and Facilities. The following services and facilities are to be available and adequate to serve the needs of the use as designed and proposed:
   1. Sewer,
   2. Water,
   3. Storm water drainage,
   4. Fire protection,
   5. Police protection, and
   6. Streets.
4. Use will not be detrimental to abutting properties in particular and the neighborhood in general. Typical negative impacts which extend beyond the proposed site include, but are not limited to:
   1. Excessive traffic generation,
   2. Noise or vibration,
   3. Dust, glare, or heat,
   4. Smoke, fumes, gas, or odors, and
   5. Inappropriate hours of operation
   6. Economic impacts if the building is a large building with a minimum floor area of 60,000 square feet.

The burden of proof for satisfying the aforementioned criteria shall rest with the applicant and not the planning board. The granting of a conditional use permit rests in the discretion of the city council as to whether or not the proposal conforms to the criteria and requirements set forth in Chapter 18.210.080

Every decision of the city council pertaining to the granting, denial, amendment of a request for a conditional use permit shall be based upon "findings of fact," and every finding of fact shall be supported in the records of its proceedings. The enumerated conditions as provided for in Section 18.210.080 required to exist in any matter which the city council is required to pass under this title shall be construed as a limitation on the power of the city council to act in the matter of issuance of conditional use permits. A mere finding or recitation of the enumerated conditions, unaccompanied by findings of specific fact, shall not be deemed in compliance with this title.

In specific circumstances, the city may issue an administrative conditional use permit for home occupations, temporary uses, vacation rentals and minor (fifteen percent or less) expansions of nonconforming uses, commercial zone fence that requires a conditional use permit that is a distance between 15 and 20 feet of the front property line or a distance between 10 and 15 feet of the side-corner property line. Chapter 18.426 Home Occupations, Chapter 18.444 Temporary Uses, Chapter 18.445 Vacation Rentals, Chapter 18.211 Nonconforming Uses, and Chapter 18.411 Accessory Apartment explain the criteria for receiving an administrative permit for the respective uses.

1. Upon receipt of a complete application and filing fee, the Columbia Falls zoning administrator or his designee shall prepare a notice containing the pertinent facts to the application and shall have said notice served by first class mail upon property owners within one hundred fifty (150) feet of the subject property. When the subject property abuts a right-of-way or river, the one hundred fifty (150) foot measurement shall be in addition to the right-of-way or river width along the adjacent side. The notice shall provide a reasonable period of time, not less than ten calendar days, for interested parties to submit comments on the proposed activity. Within ten working days of the end of the comment period a written determination shall be mailed to the applicant approving or denying the permit.
2. The application and format used for the submittal of the administrative conditional use permit shall be the same as found in the Columbia Falls area zoning ordinance for conditional use permit applications. The application and all subsequent information, correspondence, evaluations, recommendations, and decisions shall be placed on permanent file in the office of the zoning administrator.
3. If there is no valid written public opposition to the adopted performance standards and the project meets the criteria for issuance of the permit, the project will be approved. The Columbia Falls zoning administrator shall issue a grant of administrative conditional use permit with or without conditions of approval which will be indicated on the face of the permit.
4. When written opposition from property owners within one hundred fifty (150) feet of the property subject to the request are received prior to the end of the comment period and the expressed concerns of the opposition cannot be resolved by the applicant, the administrative conditional use permit will be scheduled for the next available board of adjustment meeting for a decision. The applicant shall be responsible for all additional information and filing fees required.
5. If the administrative conditional use permit is denied by the zoning administrator the denial may be appealed. This appeal shall be made in accordance with Section 18.208 (Appeals) of the Columbia Falls zoning ordinance. The appellant is responsible for all information and additional filing fees required.

It is the intent of this chapter to permit building non-conformities or use non-conformities which were lawful before the adoption of this code to continue until they are removed. It is further the intent of this chapter that nonconformities shall not, unless otherwise permitted by this chapter, be enlarged upon or expanded, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Non-conforming structures and uses are declared by this chapter to be incompatible with permitted structures and uses in the district involved. However, to avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment to this title and which actual structure construction has been carried on diligently. A change of tenancy, ownership, or management of any legally existing nonconforming structures or use is allowed. Furthermore, structures, lawful at the time of adoption of this code, may continue to exist so long as it remains lawful except as herein provided.

Any nonconforming use may be continued except if any such nonconforming use is abandoned or deserted, or voluntarily or by legal action caused to be discontinued for a period of one hundred eighty (180) days, then any subsequent use of the lot, building, structure, or use of the land shall be required to be in conformity with the provisions of this title.

Any non-conforming structure shall not be altered or enlarged in any way that increases its non-conformity, but may be altered to decrease its non-conformity. Any non-conforming structure that is moved for any reason or for any distance it shall thereafter conform with this chapter.

1. Routine maintenance and repair or those modifications required by applicable health and safety codes shall be permitted.
2. A nonconforming building, structure, or use may be enlarged, extended, reconstructed, or structurally altered if said building, structure, or use is changed to completely conform with this title.
3. A building or structure conforming with respect to use but nonconforming with respect to height, setback, or lot coverage may be altered or extended if the alteration or extension does not further deviate from this title.
4. A non-conforming façade may be altered by less than 50% of the area of the façade, provided the altered façade conforms to this ordinance. If a non-conforming façade is altered by 50% or more the entire façade shall conform to this ordinance.
5. A nonconforming use may be expanded, subject to a conditional use permit, within the confines of the lot or parcel of land upon which it is located at the time of the adoption or amendment of this title, provided that the land area and/or use of building or structure being used for said nonconforming use at the time of the adoption or amendment of this title is not increased by more than fifty percent and the structure conforms to this ordinance. A non-conforming use may be expanded, subject to an administrative conditional use permit, provided the expansion is less than fifteen (15) percent. An administrative CUP may only be granted for the expansion of the same nonconforming use once every five years.
6. If no structural alterations are made to a non- conforming building or other structure, the nonconforming use may, upon approval and issuance of a conditional use permit, be changed to another nonconforming use of the same or more restricted use classification, provided that said new nonconforming use is no more deleterious to the neighborhood, considering all factors, than was the previous nonconforming use.
7. The conversion of basement or attic space within a residence that is legally nonconforming with respect to setbacks is not subject to a variance from the board of adjustments provided that the above ground conversion does not further encroach into the required setback. This provision would allow the construction of dormers for attic conversion and egress windows for basement conversion.
8. A non-conforming manufactured home (mobile home) may be replaced by a conforming manufactured home. A non-conforming manufactured home may be replaced in a mobile home park with a similar non-conforming manufacture home provided it is not more non-conforming than the existing home.

Neither lot(s) nor sublot(s) shall be adjusted in size or shape to create non-conformity or increase the degree of non-conformity nor adjusted to have a lot width of less than twenty-five (25) feet.

Uses or structures accessory to principal non-conforming uses or structures shall not continue after the principal use has ceased or terminated unless the use or structure conforms to this ordinance.

1. Any nonconforming use or building so damaged or destroyed to the extent of more than fifty percent of the real value thereof, excluding foundation, then said nonconforming use of building and the land on which said use was located or maintained shall, from and after the date of such destruction, be subject to all of the regulations of the use district within which each land and/or building are located. The percentage of destruction shall be determined by the zoning administrator or his designee and shall be based on the estimated cost of repair or reconstruction to the original condition of the building.
2. Where any nonconforming building shall be destroyed to a degree less than fifty percent, as specified above, said building or structure may be reconstructed to its original size and use upon issuance of a building permit.

The provisions of this title may, from time to time, and for the furtherance of public necessity, convenience, and welfare and in recognition that circumstances and conditions may be altered substantially as time passes, be amended, supplemented, changed, modified, or replaced.

Amendments to the provisions of the text of this title:

1. Requests to amend the text of this title may be initiated by any affected party or entity on a form provided by the zoning administrator.
2. The completed application and fee shall be submitted to the zoning administrator or his designee.
3. The completed application shall be processed as per the adopted administrative procedures.
4. After acceptance by the zoning administrator or his designee, the completed application shall be transmitted to the staff of the planning board for their review and evaluation.
5. The planning staff shall set a public hearing date and publish a public notice once in a newspaper of general circulation in the community at least fifteen calendar days prior to the meeting of the planning board at which the application is to be considered.
6. The planning board shall consider the application at its next regular meeting following the public notice process. The board shall make a recommendation to the city council to grant, amend, or deny the application.
7. Upon receipt of the recommendation of the planning board, the city council shall hold a public hearing. This hearing shall be advertised at least once in a newspaper of general circulation in the community at least fifteen calendar days prior to such hearing. Based on the results of the hearing, other public input, the staff report and findings of the planning board, the city council shall render a decision to grant, amend, or deny the requested amendment.
8. Should a decision not be rendered by the city council within ninety days of acceptance of the completed application by the zoning administrator and payment of the appropriate fee the application shall be deemed approved unless the time limit has been extended by an agreement between the zoning administrator and the applicant.
9. Should the proposed amendment be adopted, the city council shall officially notify the zoning administrator of the amendment now in force and he shall incorporate the amendment into the appropriate chapter, section, or paragraph of this title.
10. In the event that an application to amend this title is denied by the city council or that the application for amendment is withdrawn after the hearing of the planning board, the zoning administrator shall have the authority to refuse to accept another application for any similar amendment for one year from the date of hearing of the previous application by the board.

1. An amendment proposing changes in the official zoning map shall follow substantially the same procedures as provided for in Section 18.212.020 with the following additional requirements to be met:
   1. The applicant shall provide names and addresses of all property owners within one hundred fifty feet of the proposed amendment area.
   2. The application for amendment shall be signed by an owner of record or his authorized agent in the space provided on the application.
   3. In the event that an application filed by a real property owner in the area involved includes any property other than owned by the applicant, then before the application will be accepted for processing, a petition in favor of the request signed by the real property owners representing at least sixty-five percent of the land area to be included in the application must be submitted. Said petition shall bear the property owners signatures and addresses, the legal description and land area of each property represented in the petition, the total land area represented by the petition, and the percentage of land area of the amendment area owned by the petitioners in total and individually.
   4. The staff of the planning board shall mail a notice to all property owners included in the proposed amendment area and all property owners adjacent to and within one hundred fifty feet of the boundary of the proposed amendment area. (Where the subject property abuts a public right-of-way, the one hundred fifty foot measurement shall be in addition to the right-of-way along the abutting sides.) Such notice shall be made no less than fifteen days prior to the planning board hearing date.
2. In the event that a written protest against a proposed amendment is filed in the office of the zoning administrator no later than ten days following planning board action by the owners of twenty-five percent or more, either of the area of the lots included in the proposed change or those lots within one hundred fifty feet of a lot included in a proposed change, such amendment shall not become effective except by the favorable vote of two-thirds of the present and voting members of the city council of the city of Columbia Falls, provided that such required number of votes shall not be less than a majority of the full membership of the council.
3. In the event that the city council grants the application to amend or rezone, they shall notify the zoning administrator of their action and he shall be responsible for updating the official zoning map. Such updating shall include the posting on the face of the official zoning map, the date and number of the ordinance amending such map.
4. In the event that an application to amend (rezone) is denied by the city council or that the application is withdrawn after the planning board hearing, the zoning administrator shall have the authority to refuse to accept another application for any similar amendment within one year from the date of the hearing of the previous application before the board.

When considering an application for amendment to the provisions of this title or the official zoning map, the planning board and city council shall be guided by and give consideration to the following:

1. Whether the new zoning was designed in accordance with the Growth Policy;
2. Whether the new zoning will secure safety from fire, panic, and other dangers;
3. Whether the new zoning will promote health and general welfare;
4. Whether the new zoning will prevent the overcrowding of the land;
5. Whether the new zoning will avoid undue concentration of population;
6. Whether the new zoning will provide adequate light and air;
7. Whether the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;
8. Whether the new zoning gives consideration to the particular suitability of the property for particular uses;
9. Whether the new zoning will conserve the value of buildings;
10. Whether the new zoning will encourage the most appropriate use of land throughout the municipality.

In the event that any building or structure is erected, reconstructed, altered, converted, or maintained, or any building, structure, or land is used in violation of this title, the proper legal authorities of the city, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure or land, or to prevent an illegal act, conduct, business, or use in or about such building, structure or land.