The town zoning code permits aggrieved persons to appeal the interpretation and application of the code. The zoning board of adjustment may grant variances from the code and hear appeals from interpretations of the zoning administrator in limited circumstances where hardships would result from the code's strict interpretation, application and enforcement. Variance applications will be accepted only from the record owner of the property for which the variance is requested. Any person aggrieved by a zoning administrator decision may appeal that decision to the board.

The zoning board of adjustment may grant variances from the zoning ordinance when:

   A.   The variance won't be contrary to the public interest;

   B.   Circumstances unique to the property would cause an undue hardship if the zoning ordinance is strictly and literally interpreted and applied;

   C.   The spirit and intent of the zoning ordinance will be observed and substantial justice done; and

   D.   The results of the variance will be consistent with the goals, objectives and policies of the adopted comprehensive plan/growth policy.

The zoning board of adjustment may not grant use variances that would allow the use of a property or building that is not allowed by the zoning ordinance in that zoning classification.

The zoning administrator will review the application for completeness after the application deadline date and will promptly notify the applicant about any missing material or information. Incomplete or unacceptable applications may delay the variance review process by one month or longer. The applicant is responsible for submitting a complete application.

All applications will be submitted at the Town Hall, 328 West Main Street by the dates established by the zoning board of adjustment. The application fee must accompany the application and must be personally delivered to the town hall. No mailed, electronic mail or tele-facsimile applications will be accepted.

All questions must be answered fully. Please type or print on the application and for all other information submitted with the application. You may attach additional pages or other information, including photographs. All material that is submitted for the application will be retained as part of the permanent record.

   APPLICATION FORM

   ZONING ORDINANCE VARIANCE OR APPEAL

Legal description of property:    

Address or other location:    

Zoning classification:                         Size of parcel:    

Variance requested or describe decision being appealed:    

Facts of hardship:    

Owner(s):       

   (Record owner)

   (Address)

   (Phone number and e-mail address)

Agent or appellant:    

   (Name)

   (Address)

   (Phone number and e-mail address)

I understand that the filing fee accompanying this application is not refundable, that it pays for application processing and does not guarantee that the appeal or variance will be granted. I attest that the information presented herein is factual and correct.

Signature:                                            Date:    

(Record owner or appellant)

   ADDITIONAL APPLICATION REQUIREMENTS AND PROCEDURES

      1.   Prepare a written statement addressed to the chairperson of the zoning board of adjustment. State what is intended to be done with the building or property, including any new or change in use, and why the variance is being sought or the appeal is being made.

      2.   Answer the following questions in the statement:

         a.   What unique property conditions prevent you from using the property in conformance with the zoning ordinance requirements, or in what way does the zoning administrator's interpretation of the zoning ordinance affect you or your property?

         b.   What hardship will you experience if you are not granted a variance or relief from the zoning administrator's decision?

         c.   If a variance or appeal is granted, what goals, objectives and policies of the comprehensive plan/growth policy will be supported by the variance or appeal?

      3.   Prepare a dimensioned site plan as follows:

         a.   One site plan at least 11" x 17".

         b.   Scale shall be at least 1 " = 40'.

         c.   North arrow.

         d.   Location and dimension of all vehicular access points and all off street parking spaces.

         e.   Lot line locations and dimensions.

         f.   Location and dimensions of all proposed and existing buildings, including any that will be removed.

         g.   Building setbacks from all property lines.

         h.   Names and locations of adjacent streets, alleys and other properties.

         i.   If a height variance is being sought, a dimensioned elevation drawing showing the height of all structures.

         j.   Other pertinent information.

      4.   A filing fee must accompany all applications for variances or appeals. No application will be accepted until the fee is paid in full. The fee is nonrefundable and does not guarantee a variance or successful appeal.

      5.   A public hearing will be held when the zoning board of adjustment considers appeals or variances. The property for which the variance or appeal is sought will be posted with a notice that contains information about the variance or appeal and the date, time and location of the hearing. A notice of public hearing will be published in the town's official newspaper or a newspaper of general circulation in the area at least ten (10) days prior to the public hearing. The applicant will be notified by mail as to the date, time and location of the hearing.

      6.   Approval of a variance or appeal requires the concurrence of at least four (4) voting members of the board.

      7.   All hearings and deliberations by the board are open to the public. Any person may appear and testify at the hearing. Records of the case, hearing and decision will be retained by the board and are public records.

      8.   Appeals from the board may be made to a court of record in the state of Montana.

(Ord. 131, 3-14-2002)

   CONDITIONAL USE PERMIT APPLICATION

   Town of Ennis, Montana

The town zoning ordinance allows certain uses that are generally appropriate within a particular zoning district but which may require additional scrutiny and approval with conditions. The town commission may grant a conditional use permit (CUP) under such circumstances.

The conditional use permit application shall be submitted in person at the Town Hall, 328 West Main Street. No mailed, e-mailed or tele-facsimile applications will be accepted. The filing fee must accompany the application in order for it to be accepted. Applications must be signed by the property record owner.

The zoning administrator will review the application for completeness after the application deadline date and will promptly notify the applicant about any missing material or information. Incomplete or unacceptable applications may delay the permit review process by one month or longer. The applicant is responsible for submitting a complete application.

All questions must be answered fully. All applications or other printed material must be typed or hand printed. Additional information, including photographs, may be submitted. All information that is submitted will be retained as part of the permanent record.

   APPLICATION FORM

   CONDITIONAL USE PERMIT

Conditional use requested:    

Present zoning:    

Legal description of property:    

Address or general location:    

Size or acreage and dimensions of the parcel:    

Present land use:    

Proposed land and/or building use:    

Owner(s):       

   (Record owner)

   (Address)

   (Phone number and e-mail address)

Agent:    

   (Name)

   (Address)

   (Phone number and e-mail address)

I understand that the filing fee accompanying this application is not refundable, that it pays for application processing and does not guarantee that a Conditional Use Permit will be approved. I attest that the information presented herein is factual and correct.

Signature:                                            Date:    

(Record owner)

   ADDITIONAL APPLICATION REQUIREMENTS AND PROCEDURES

      1.   Prepare a written statement addressed to the chairperson of the planning board that indicates what is intended to be done with the land or building, including any new or change in use, and why the conditional use permit is being sought.

      2.   Answer the following questions in the statement:

         a.   What is the intended use for the building or property and why is this use needed at this location?

         b.   How will the public interest be served if this application is approved?

         c.   In what ways is the proposal consistent with the goals, objectives and policies of the comprehensive plan/growth policy?

      3.   Prepare a dimensioned site plan as follows:

         a.   One site plan at least 11" x 11".

         b.   Scale shall be at least 1" = 40'.

         c.   North arrow.

         d.   Location and dimension of all vehicular access points and all off street parking spaces.

         e.   Lot line locations and dimensions.

         f.   Location and dimensions of all proposed and existing buildings, including any that will be removed.

         g.   Building setbacks from all property lines.

         h.   Names and locations of adjacent streets, alleys and other properties.

         i.   If a height variance is being sought, a dimensioned elevation drawing showing the height of all structures.

         j.   Other pertinent information.

      4.   A filing fee must accompany all conditional use permit applications. No application will be accepted until the fee is paid in full. The fee is nonrefundable and does not guarantee that a permit will be approved.

      5.   A public hearing will be held when the planning board considers the conditional use permit. The property for which the permit is sought will be posted with a notice that contains information about the proposed use and the date, time and location of the hearing. A notice of public hearing will be published in the town's official newspaper or a newspaper of general circulation in the area at least ten (10) days prior to the date of the hearing. The applicant will be notified by mail as to the date, time and location of the hearing. After the hearing is concluded, the board will make a recommendation to the town commission whether to approve, conditionally approve or deny the application.

      6.   All hearings and deliberations by the planning board are open to the public. Any person may appear and testify at the hearing. Records of the application, hearing, recommendation and decision will be retained by the board and are public records.

      7.   The town commission will consider the planning board's recommendation at the next available regular or special town commission meeting. The commission may approve, conditionally approve or deny the planning board's recommendation and the application.

      8.   Appeals from the town commission's decision may be made to a court of record in the state of Montana.

(Ord. 131, 3-14-2002)

    ZONE CHANGE APPLICATION

   TOWN OF ENNIS, MONTANA

The town commission may amend the zoning ordinance, after following a procedure that is outlined in the ordinance and in this application packet. Amendments can be made to the ordinance text or property zoning classification and zoning map that are initiated by the town or by a property owner.

The zone change application shall be submitted in person at the Town Hall, 328 West Main Street. No mailed, e-mailed or tele-facsimile applications will be accepted. The filing fee must accompany the application in order for it to be accepted. The property owner of record must sign any owner initiated application.

The zoning administrator will review the application for completeness after the application deadline date and will promptly notify the applicant about any missing material or information. Incomplete or unacceptable applications may delay the permit review process by one month or longer. The applicant is responsible for submitting a complete application.

All questions must be answered fully. All applications or other printed material must be typed or hand printed. Additional information, including photographs, may be submitted. All information that is submitted will be retained as part of the permanent record.

   APPLICATION FORM

   ZONE or ZONING TEXT CHANGE

Present zoning:    

Proposed zoning:    

Legal description:    

Address:    

Size of property (area and dimensions):    

Present land use:    

Proposed land use:    

Text change requested (if applicable):    

Owner(s):       

   (Record owner)

   (Address)

   (Phone number and e-mail address)

Agent(s):       

   (Name)

   (Address)

   (Phone number and e-mail address)

I understand that the filing fee accompanying this application is not refundable, that it pays for application processing and does not guarantee that the zone change or zoning text change will be granted. I attest that the information presented herein is factual and correct.

Signature:                                           Date:    

(Record owner)

   ADDITIONAL APPLICATION REQUIREMENTS AND PROCEDURES

      1.   Prepare a written statement addressed to the chairperson of the planning board that explains the need for the intended zone change and why the property can't be used as desired under the existing zoning.

      2.   Answer the following questions in the statement:

         a.   What is the intended use for the building or property and why is this use needed at this location?

         b.   What prevents the property from being used as desired under the present zoning?

         c.   How will the public interest be served if this application is approved?

         d.   In what ways is the proposal consistent with the goals, objectives and policies of the comprehensive plan/growth policy?

      3.   A filing fee must accompany all zone change applications. No application will be accepted until the fee is paid in full. The fee is nonrefundable and does not guarantee that a zone change will be approved.

      4.   A public hearing will be held when the planning board considers the zone change. The property for which the permit is sought will be posted with a notice that contains information about the proposed zone change and the date, time and location of the hearing. A notice of public hearing will be published in the town's official newspaper or a newspaper of general circulation in the area at least fifteen (15) days prior to the date of the hearing. The applicant will be notified by mail as to the date, time and location of the hearing. After the hearing is concluded, the board will make a recommendation to the town commission whether to approve or deny the zone change application.

      5.   A public hearing will be held when the town commission considers the zone change. The property for which the permit is sought will be posted with a notice that contains information about the proposed zone change and the date, time and location of the hearing. A notice of public hearing will be published in the town's official newspaper or a newspaper of general circulation in the area at least fifteen (15) days prior to the date of the hearing. The applicant will be notified by mail as to the date, time and location of the hearing. The town commission will consider the planning board's recommendation at the next available regular or special town commission meeting. The commission may approve or deny the planning board's recommendation or it may refer the matter back to the planning board for further deliberation if the commission determines that the planning board should consider new information or reconsider evidence that was introduced at the planning board hearing. At the conclusion of the town commission's deliberations on the zone change application, it shall make a final decision to approve or deny the application. An amendment may not become effective except upon a favorable vote of two-thirds (2/3) of the present and voting members of the town commission if a protest against the amendment is signed by the owners of twenty five percent (25%) or more of:

         a.   The area of the lots included in the proposed change, or

         b.   Those lots within one hundred fifty feet (150') from a lot included in the proposed amendment.

      6.   Appeals from the town commission's decision may be made to a court of record in the state of Montana.

      7.   All hearings and deliberations by the planning board and the town commission are open to the public. Any person may appear and testify at the hearings. Records of the application, hearings, recommendation and decision will be retained by the planning board and town commission and are public records.

(Ord. 131, 3-14-2002)

   ZONING CODE VIOLATION COMPLAINT

   OR REQUEST FOR ACTION

   Town of Ennis, Montana

Complainant    

Address                                                    Telephone    

Complaint    

Location    

Legal information: Lot(s)               Block(s)             Subdivision    

C/S#                                              Tax ID#    

Owner    

Address                                                   Telephone    

First inspection:

Notice sent to owner/occupant                

Date

Second inspection:

Follow-up:

Complaint disposition:

Dismissed                     Compliance                   Citation    

(Ord. 131, 3-14-2002)

   SKETCH AND SITE PLAN REQUIREMENTS AND CHECKLIST

   Town of Ennis, Montana

Scaled or dimensioned site plan that includes the following:

   Name of land or building and address        

   Date, north arrow and scale        

   Proposed land or building use        

   Lot or property boundaries        

   Adjacent public right of way locations and names        

   Adjacent properties and zoning classifications        

   Location and dimensions of all buildings        

   Building setbacks from property lines        

   Building setbacks from side street, if applicable        

   Building separation (for multiple bldgs. on property)        

   Building height (from finished grade to highest point

   on the building)        

   Clear vision zone (for corner lots)        

   Lot size, in square feet        

   Lot coverage, in percent        

   Landscaped area        

   Off street parking location and # of spaces        

   Required screening, if applicable        

   Location of streams, lakes and land subject to flooding        

(Ord. 131, 3-14-2002)

(Ord. 131, 3-14-2002)

   LANDSCAPING PLAN REQUIREMENTS AND CHECKLIST

   Town of Ennis, Montana

Scaled or dimensioned site plan that includes the following:

   Name of land or building and address        

   Date, north arrow and scale        

   Proposed land or building use        

   Lot or property boundaries        

   Adjacent public right of way locations and names        

   Adjacent properties and zoning classifications        

   Location and dimensions of all buildings        

   Building setbacks from property lines        

   Building setbacks from side street, if applicable        

   Building separation (for multiple bldgs. on property)        

   Clear vision zone (for corner lots)        

   Lot size, in square feet        

   Lot coverage, in percent        

   Landscaping, in square feet        

   Type of landscaping materials and locations        

   Off street parking location and # of spaces        

(Ord. 131, 3-14-2002)

(Ord. 131, 3-14-2002)

 

(Ord. 131, 3-14-2002)