This title shall be known and cited as the ZONING ORDINANCE OF THE CITY OF FORSYTH, MONTANA. (Ord. 2000-03, 9-13-2000)

This zoning ordinance is adopted under the authority of the municipal zoning enabling act 1 . (Ord. 2000-03, 9-13-2000)

   A.   The purpose of this zoning ordinance is to promulgate and adopt such regulations that:

      1.   Are designed in accordance with the comprehensive plan.

      2.   Are designed to lessen congestion in the streets.

      3.   Will secure safety from fire, panic and other dangers.

      4.   Will promote health and the general welfare.

      5.   Will provide adequate light and air.

      6.   Will prevent the overcrowding of land.

      7.   Will avoid undue concentration of population.

      8.   Will facilitate the adequate provision of transportation, water, sewerage, schools, parks and such other public requirements.

      9.   Give reasonable consideration to the character of the district.

      10.   Give reasonable consideration to the district's peculiar suitability for particular uses.

      11.   Give reasonable consideration to conserving the value of buildings.

      12.   Will encourage the most appropriate use of land throughout the jurisdictional area. (Ord. 2000-03, 9-13-2000)

      13.   Prohibit the use of any property or structure within the city's zoning jurisdiction that is in violation of federal, state, or local law. (Ord. 2010-03, 10-26-2010)

   B.   Further, the intent of this zoning ordinance is to:

      1.   Ensure that the land uses of the community are properly located in relation to one another, providing adequate space for each type of development, and preventing problems associated with incompatible uses.

      2.   Control the density of development in each area of the community so that property can be adequately served by such public facilities as streets, schools, recreation and utility systems.

      3.   Direct new growth into appropriate areas.

      4.   Protect existing property by requiring that development affords adequate light, air and privacy for persons living and working within the municipality.

      5.   Protect and maintain property values.

      6.   Preserve and develop the economic base of the community.

      7.   Encourage the provision of affordable housing for families of all income levels. (Ord. 2000-03, 9-13-2000)

The zoning jurisdiction of the City of Forsyth shall include the land within the corporate limits of the City and shown on the official zoning map of Forsyth, Montana. (Ord. 2000-03, 9-13-2000)

   A.   Zoning Permit: A zoning permit must be obtained from the Zoning Officer before any building, structure or land may be used or occupied, or before any building or structure permitted under this title may be erected, placed, moved, expanded or structurally altered. The Zoning Officer may issue a zoning permit only when the proposed building, structure, parcel or use will meet the requirements of this zoning ordinance.

   B.   Conditional Use Permit: A conditional use permit must be obtained from the Zoning Commission before those uses specified as conditional uses within certain zoning districts may be established. A conditional use permit may be issued only when the Zoning Commission finds that the proposed use will meet both the requirements of the particular district involved and the conditions specified for the use.

   C.   Zoning Requirements Operate In Addition To Other Municipal Codes: The requirements of this zoning ordinance operate in addition to those requirements established under other City Municipal codes, except that where conflicts with other City Municipal codes may occur these zoning requirements shall govern. (Ord. 2000-03, 9-13-2000)

A survey of the property may be required by the Zoning Officer/building inspector. (Ord. 2017-01, 3-13-2017)

   A.   Official Zoning Map A Part Of Zoning Ordinance: The "Official Zoning Map of Forsyth, Montana" and all notations, references and other information shown on the map are hereby incorporated by reference and made a part of this title.

   B.   Maintaining And Changing The Official Zoning Map:

      1.   The official zoning map shall be kept in City Hall, and shall be the final authority as to the current status of zoning districts in the Forsyth zoning jurisdictional area.

      2.   The official zoning map shall bear the signature of the Mayor, attested by the City Clerk, the date of adoption hereof, and bear the seal of the City and certifying that it is the official zoning map of Forsyth, Montana, referred to under ordinance 2000-03 of the City of Forsyth, Montana.

      3.   Whenever any changes are made to district boundaries in accordance with the procedures of this title, those changes approved by the City Council shall be promptly entered on the official zoning map, and a signed and dated certification attached to the map. Any changes adopted by the City Council to the official zoning map must be approved by resolution of the City Council in accordance with the amendment procedures specified in section 12-1-13 of this chapter.

      4.   In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret, the City Council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new map shall be certified in the same manner as the original official zoning map, noting that it supersedes the prior map. (Ord. 2000-03, 9-13-2000)

   A.   Interpretation Of Certain Words: For purposes of this title the following conditions and interpretations apply:

      1.   Words used in the present tense include the future tense.

      2.   Words used in the singular number include the plural; words used in the plural include the singular, unless the natural construction of the wording indicates otherwise.

      3.   The word "person" includes a firm, association, corporation, trust, organization, partnership or company, as well as an individual.

      4.   The word "shall" is mandatory; the word "may" is permissive.

   B.   Terms: The following terms used in this title mean:

    ACCESSORY STRUCTURE OR USE: The use or structure on the same lot with, and customarily secondary or subordinate to, the principal use or structure.

   ASSISTED LIVING FACILITY: A housing facility for people with disabilities. These facilities provide supervision or assistance with activities of daily living coordination of services by outside health care providers; and monitoring of resident activities to help to ensure their health, safety, and well- being.

   AUTOMOBILE WRECKING: The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping or dismantling, of partially dismantled, obsolete or wrecked vehicles or their parts.

   BOARDING HOUSE: A building, or portion thereof, where lodging for five (5) or more persons is provided for compensation whether or not meals are provided.

   BUILDING: Any structure erected for support, shelter or enclosure of persons, animals, or property of any kind.

   BUILDING HEIGHT: The vertical distance from the highest point of a structure to the finished grade of the ground.

   CARETAKER'S RESIDENCE: A single-family dwelling located in conjunction with a residential, commercial or industrial land use that requires twenty four (24) hour care in order to protect or operate the use.

   CHURCH: A building designed and used for public worship by a religious body.

   COMMUNITY RESIDENTIAL FACILITY 1 : 1. A community group home for developmentally, mentally, or severely disabled persons which does not provide skilled or intermediate nursing care;

      2.   A youth foster home or youth group home as defined in section 41-3-1102, Montana Code Annotated;

      3.   A halfway house operated in accordance with regulations of the Department of Health and Environmental Sciences for the rehabilitation of alcoholics or drug dependent persons; or

      4.   A licensed adult foster family care home.

   CONDITIONAL USE: A use that is allowed in a specific district if the use meets certain requirements in order to maintain and assure the health and safety of the community and to maintain the character of the district.

   DISTRICT, ZONING: A geographical area designated in the zoning ordinance and delineated on the zoning map for which requirements for the use of land and structures and development standards are prescribed.

   DRIVE-UP EATING ESTABLISHMENT: A building or structure from which persons are served food or beverages in their vehicles or at curbside, including establishments that serve customers outside of their vehicles.

   DWELLING: A building or portion thereof used for occupancy by one (1) or more families.

   DWELLING, MULTIPLE-FAMILY: A building or portion thereof designed for residential occupancy by two (2) or more families living separately.

   DWELLING, SINGLE-FAMILY: A building designed for residential occupancy by one (1) family.

   DWELLING, TWO-FAMILY: A building designed for residential occupancy by two (2) families living separately.

   DWELLING UNIT: A building or portion thereof providing separate cooking, eating, sleeping and living facilities for one family.

   FAMILY: One or more persons living together as a single housekeeping unit and occupying a dwelling unit.

   GRADE: The point of elevation of the finished surface of ground at the exterior wall of the building.

   HOME OCCUPATION: The use of a portion of a dwelling unit or accessory building for occupations at home by one or more persons residing in the dwelling unit. The activity must be clearly incidental and subordinate to the use of the building as a dwelling.

   HOTEL/MOTEL: A building, or buildings, containing six (6) or more rooms designed and rented for sleeping purposes for transients, and where only a general kitchen and dining room may be provided within the building or in an accessory building.

   LIVESTOCK: Horses, cattle, sheep, goats, swine, donkeys, mules and fowl.

   LOADING SPACE, OFF-STREET: An off-street space conveniently located at a building to allow service pickups and deliveries by commercial vehicles.

   LOT: A parcel or tract of land shown as an individual unit of ownership on a certificate of survey, subdivision plat, deed or other instrument of record.

   LOT, CORNER: A lot located at the intersection of two (2) or more streets.

   LOT DEPTH: The mean distance between the front and rear lot lines.

   LOT FRONTAGE: The portion of a lot nearest the street. For corner lots the front of a lot shall be the narrowest part of the lot having street frontage.

   LOT, INTERIOR: A lot with only one frontage on a street.

   LOT LINES: The lines bounding a "lot" as defined herein.

   LOT WIDTH: The mean width of the lot measured at right angles to its depth, as measured at the building setback line.

   MOBILE HOME: A detached residential dwelling unit fabricated at a factory, not in accordance with the standards of the uniform building code, and designed for transportation on its own chassis to a building site for occupation as a dwelling with or without a permanent foundation.

   MOBILE HOME, CLASS A: A mobile home fabricated after July 1, 1976, in compliance with the standards specified in 42 United States code section 5401 (HUD code), and that satisfies each of the following additional criteria:

      1.   The length does not exceed four (4) times its width.

      2.   The pitch of the roof has a minimum vertical rise of three feet (3') per twelve feet (12') of horizontal run, and the roof is finished with a type of shingle commonly used in standard residential construction.

      3.   The exterior siding consists of wood, hardboard, vinyl or aluminum siding, or other materials comparable in composition, appearance and durability to the exterior materials used in standard residential construction.

      4.   The dwelling unit is secured to a permanent, continuous masonry foundation.

      5.   The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.

   MOBILE HOME, CLASS B: A mobile home fabricated after July 1, 1976, in compliance with the standards specified in 42 United States Code section 5401 (HUD code), but that does not meet the additional criteria necessary to qualify as a class A mobile home.

   MOBILE HOME, CLASS C: A mobile home constructed prior to July 1, 1976, and that does not meet the HUD code.

   MOBILE HOME PARK: A tract of land providing two (2) or more spaces for lease or rent to the general public for siting mobile homes.

   MODULAR HOME: A dwelling constructed at a factory in accordance with the building code for site built homes, and transported to the site for final assembly on a permanent foundation.

   NURSING HOME: A building used to house and care for ambulatory, aged, or infirm persons under the care and supervision of a professional staff.

   OFFICE, PROFESSIONAL, BUSINESS, ADMINISTRATIVE AND GOVERNMENT: Offices occupied by accountants, architects, dentists, doctors, engineers, attorneys, insurance agents, real estate agents, public employees and other professions.

   PARKING SPACE, OFF STREET: A space located off any public right of way that is available for parking a motor vehicle.

   PLANNED UNIT DEVELOPMENT: A land development project designed and planned as a single entity under a plan that offers a variety of land uses, housing types and densities, and design features in addition to those allowed by right or condition in the zoning district.

   PROHIBITED USES: In specific districts, prohibited uses are those uses not specifically enumerated as permitted uses. Prohibited uses are listed in this title for the purposes of clarity and emphasis only. Prohibited uses mentioned include, but are not limited to, the enumerated prohibited uses. No use of any property or structure in any district shall be permitted or conditionally permitted that is in violation of federal, state, or local law.

   RECREATIONAL VEHICLE PARK: A premises used for public camping where persons can rent space to park individual camping trailers, pickup campers, motor homes, travel trailers.

   RESTAURANT: A public eating facility that does not provide curbside or drive-up automobile service.

   RETAIL SALES: An establishment selling goods, wares, or merchandise directly to a consumer.

   SETBACK: The horizontal distance required between any structure and a lot line, measured at right angles to the lot line.

   SHOPPING CENTER: One (1) or more buildings containing at least three (3) separate retail businesses that are planned, developed and managed as a unit, with off street parking provided on the property.

   SIGN: Any lettered or pictorial device or structure designed to inform or attract attention.

   STRUCTURAL ALTERATION: The modification of a building that changes its exterior dimensions or its roofline(s).

   STRUCTURE: That which is constructed or erected at a fixed location on the ground, or attached to something having a fixed location on the ground. Structures include buildings, mobile homes, walls, fences, and billboards or signs.

   USE: Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied in any legal activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

   VARIANCE: The approved relaxation of the strict application of the terms of these regulations, where owing to special conditions a literal enforcement of the provisions of these regulations will result in an unnecessary hardship, where it will not be contrary to the public interest, and where the spirit of the ordinance will be observed and substantial justice done.

   WHOLESALE: The sale of goods and merchandise for resale rather than for direct consumption.

   YARD, FRONT: A required open space unoccupied by any structure or portion of a structure and extending across the full width of the lot between the front building line and the front lot line.

   YARD, REAR: A required open space unoccupied by any structure or portion of a structure and extending across the full width of the lot between the rear building line of the principal building and the rear lot line.

   YARD, SIDE: A required open space unoccupied by any structure or portion of a structure and extending from the side building line to a side lot line running from the front to the rear of the lot.

(Ord. 2000-03, 9-13-2000; amd. Ord. 2010-03, 10-26-2010; Ord. 2017-01, 3-13-2017)

   A.   Designation: The City Council shall designate a Zoning Officer to administer and enforce this title. The City Council through the Mayor may direct City personnel or departments to provide assistance as appropriate. (Ord. 2000-03, 9-13-2000; amd. Ord. 2017-01, 3-13-2017)

   B.   Duties:

      1.   The Zoning Officer shall receive applications for zoning permits, conditional use permits and variance requests; review applications and plans; issue zoning permits; and coordinate inspection of premises and properties.

      2.   Where the Zoning Officer finds that any of the provisions of this title are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal buildings or structures or of illegal additions, alterations, or structural changes; or shall take any other action authorized by this title to ensure compliance with or to prevent violation of its provisions.

      3.   The zoning officer shall:

         a.   Serve as an advisor to the zoning commission, board of adjustment and city council on matters relating to administration and enforcement of this zoning ordinance; prepare staff reports and maintain records of all proceedings required or authorized as required under this title. (Ord. 2000-03, 9-13-2000)

The city council shall establish a zoning commission and appoint members to the commission. The zoning commission shall have the following duties:

   A.   Review proposals and make recommendations to the city council regarding proposals for the amendment of this title and the official zoning map.

   B.   Review and approve applications for conditional use permits under the procedures set forth in section 12-1-11 of this chapter. (Ord. 2000-03, 9-13-2000)

   A.   Procedures For Applying For A Zoning Permit:

      1.   Before conducting a use, or constructing, erecting, expanding, altering or modifying a building or structure, a person must submit a completed zoning application form to the zoning officer, with all of the required information. The application shall include other reasonable information required by the zoning officer as may be necessary to determine conformance with this title.

   B.   Reviewing And Issuing A Zoning Permit:

      1.   The zoning officer shall review the application to ensure the required information is submitted and is complete. When the application and submitted information are complete, the zoning officer shall determine whether the proposed building, structure, alteration, or use is permitted at the proposed location, and whether the proposal will comply with the requirements of the applicable district and these regulations.

      2.   Should the zoning officer find that the proposal is permitted in the applicable district and will conform to all requirements, he shall issue the applicant a zoning permit.

      3.   Should the zoning officer find that the proposal either is not permitted in the applicable district or will not conform to all requirements of this title, he shall deny the application and state in writing that the application is denied, and explain the reasons for denial. A copy of the written statement shall be sent to the applicant.

      4.   Construction, installation, alteration, placement or use must comply with the plans approved by the zoning officer.

      5.   A zoning permit shall be in effect for one year from the date of approval. (Ord. 2000-03, 9-13-2000)

   A.   Purpose: The purpose of conditional use permits is to provide for specific uses, other than those specifically permitted in each district, that may be appropriate in the district under certain safeguards or conditions. The conditional use permitting process is intended to provide a detailed and comprehensive review of proposed developments that potentially could have significant adverse impacts on the community.

   B.   Conditional Uses; Requirements:

      1.   No structure or land may be used for any purpose in any district where the use is not permitted, unless the use is listed as a conditional use within that district and the approval for the use is obtained through these procedures.

      2.   Conditional uses and the required conditions are listed as part of the requirements for each district.

      3.   Conditional uses also must comply with any additional conditions prescribed by the zoning commission relating to the following:

         a.   Adequate ingress and egress to property and proposed structures with particular concern for automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency.

         b.   Adequate off street parking and loading areas, where required, with particular attention to access, traffic flow and vehicular and pedestrian safety.

         c.   Adequate screening and buffering, with attention to type, dimensions and character.

         d.   Signs, with attention to preventing glare and promoting traffic safety and harmony with adjacent properties.

         e.   General compatibility with adjacent and other properties.

   C.   Procedures For A Conditional Use Permit: The following procedures must be followed before the zoning commission may grant a conditional use permit:

      1.   The applicant must submit an accurate and complete application for a conditional use to the zoning commission through the zoning officer. All applications for conditional use permits must be accompanied by plans drawn to approximate scale, showing the approximate dimensions and shape of the lot to be built upon; the approximate sizes and locations on the lot of buildings already existing, if any; the location and dimensions of the proposed buildings or alterations; and information which clearly states how the conditions for the use will be met; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this title.

      2.   The zoning commission shall hold a public hearing regarding the application for a conditional use. Notice shall be published at least seven (7) days in advance of the public hearing. The owner of the property for which a conditional use is sought or his agent shall be notified of the hearing by mail. At the public hearing any party may appear in person, or through a representative or attorney.

      3.   The zoning commission shall make a written finding either that:

         a.   The proposed use will comply with the specific conditions governing the use and the other requirements of this title, and that the conditional use will not adversely affect the character of the district; or

         b.   The proposed use will not comply with the specific conditions governing the use and/or that the use would adversely affect the character of the district. In the written statement denying a conditional use application, the zoning commission shall describe the specific conditions which would not be met by the use and any specific factors that would adversely affect the character of the district.

      4.   Where the proposed conditional use is subject to review as a subdivision under the Montana subdivision and platting act 1 , the zoning commission and planning board shall hold joint and concurrent review, including joint public hearing(s). Notice of each hearing shall be given in the manner prescribed by this title and the city's subdivision regulations. (Ord. 2003-01, 4-14-2003, eff. 5-14-2003)

   A.   Board Of Adjustment Established: A board of adjustment (hereinafter referred to as "the board") is hereby established and the city council will perform the functions of the board of adjustment. (Ord. 2000-03, 9-13-2000; amd. Ord. 2003-07, 7-28-2003, eff. 8-28-2003)

   B.   Powers Of The Board Of Adjustment: The board shall have the following powers:

      1.   To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the zoning officer in the enforcement of this title.

      2.   To grant variances from the standards of this title where the board determines: a) that granting the variance will not be contrary to the public interest, b) where owing to special conditions a literal enforcement of the provisions of these regulations will result in unnecessary hardship, and c) where the spirit of the ordinance will be observed and substantial justice done. "Hardship" refers to circumstances peculiar to the particular property. Financial or economic difficulties, or consequences of actions by the property owner are not "hardships" for zoning purposes.

More specifically, the board may, approve, conditionally approve, or deny any request to modify only the following requirements of this title:

         a.   Setback requirements.

         b.   Yard requirements.

         c.   Area requirements.

         d.   Height and width requirements.

         e.   Parking requirements.

         f.   Loading requirements.

   C.   Proceedings Of The Board Of Adjustment:

      1.   The board shall select one of its members as chairman and shall adopt rules necessary to conduct its affairs in keeping with the provisions of this title. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. Meetings shall be open to the public.

      2.   The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, and immediately filed in the office of the board. The board shall make its records and minutes available for public inspection.

   D.   Procedures For Variance Requests:

      1.   Any person may submit an application for a variance to the board of adjustment as provided by the rules of the board by filing the application with the zoning officer. The application for variance must specifically set forth the grounds for requesting the variance, as indicated on the application form.

      2.   The board shall fix a reasonable time for the hearing on the variance request, publish notice of the hearing in a newspaper of general circulation at least seven (7) days prior to holding a public hearing, and shall notify by mail the person requesting the variance. At the hearing any party may appear in person, or be represented by a representative or attorney.

   E.   Requirements Governing Granting Of Variances:

      1.   To grant a variance the board must make a finding that the granting of the variance will be in harmony with the general purpose and intent of this title, will not be injurious to the neighborhood, is the minimum variance that will make possible the reasonable use of the land, building or structure, and will not be detrimental to the public welfare.

      2.   In addition, the board must determine:

         a.   That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district; and that the special conditions and circumstances do not result from the action of the applicant;

         b.   That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;

         c.   That granting the requested variance will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings in the same district.

      3.   The board of adjustment may not grant a variance, and the city council may not grant an appeal, that would allow a use that is prohibited in general or in a particular district under the terms of this title.

      4.   Neither the nonconforming use of neighboring lands, structures or buildings in the same district, nor the permitted or nonconforming use of lands, structures or buildings in other districts are grounds for the issuance of a variance.

   F.   Procedures For Hearing And Acting On Appeals From Actions Of Zoning Officer:

      1.   The board of adjustment shall hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the zoning officer in the enforcement of this title.

      2.   Any person or any city department head or member of the city council may file a notice of appeal of any decision made by the zoning officer within sixty (60) days of the date the subject decision was made. The notice of appeal, submitted to the zoning officer, must comply with the rules adopted by the board of adjustment.

      3.   The zoning officer shall promptly transmit to the board of adjustment the notice of appeal and all papers constituting the record of the subject decision.

      4.   The board of adjustment shall fix a reasonable time for a hearing of the appeal, give public notice and notify the affected parties. At the hearing, any party may appear in person or be represented by agent or attorney.

      5.   The board of adjustment, in conformity with the provisions of this title, may reverse, affirm, wholly or in part, or modify the order, decision or action appealed and may make such order, decision, or action as deemed necessary, and to that end shall have the powers of the administrative official whose decision is appealed.

An appeal stays all proceedings of the action appealed until the board of adjustment makes its decision.

   G.   Appeals From Decisions Of The Board Of Adjustment: Appeals from decisions of the board of adjustment may be made to a court of record in accordance with sections 76-2-327 and 76-2-328, Montana Code Annotated. (Ord. 2000-03, 9-13-2000)

   A.   Initiation:

      1.   Proposals to amend, supplement, modify or repeal any of the provisions or the district boundaries established by this title may be initiated by the city council, the zoning commission, or by petition of any interested resident or property owner. Such a petition shall be submitted to the zoning commission, which shall review the petition, consider its merits and make a recommendation to the city council.

      2.   In addition to an accurate and completed amendment application, any petition to amend a zoning classification shall include a current map drawn to scale showing all parcels of land included in the petition and the name of the owner of each parcel. A legal description of the property for which a petition to amend a zoning classification is requested shall be included in such petition.

   B.   Public Hearings Required:

      1.   The zoning commission shall hold public hearings on proposed amendments, and interested parties and citizens shall have an opportunity to comment at the hearing. Notice of the time and place of the hearing shall be published in the local newspaper at least fifteen (15) days prior to the hearing.

      2.   If the proposed change involves an amendment to the official zoning map, notice of the hearing shall be mailed to all property owners within the affected area and all owners of property within one hundred fifty feet (150') of the affected area.

      3.   After the hearing(s), the zoning commission shall make a recommendation to the city council.

      4.   After the zoning commission makes its recommendation, the city council shall hold a public hearing on the issue after giving notice in accordance with the procedures above.

      5.   When a proposed amendment affects the zoning classification of property, and a protest against such change is signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred fifty feet (150') therefrom, or of those directly opposite thereto extending one hundred fifty feet (150') from the street frontage of such opposite lots, then such amendments may not become effective except by the favorable vote of three-fourths (3/4) of the city council. (Ord. 2000-03, 9-13-2000)

   A.   Fees Established: The City Council shall establish a schedule of fees and charges and a collection procedure for zoning permits, conditional use permits, variances and zoning amendments.

   B.   Payment: Until all applicable fees and charges have been paid in full, no action may be taken on any application or appeal.

   C.   Fee Summary:

 

(Ord. 2000-03, 9-13-2000)

   A.   Filing A Complaint: Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint. The complaint, stating fully the causes and basis of the violation, shall be filed with the Zoning Officer. He shall properly record the complaint and immediately investigate and take action as provided by this title. (Ord. 2000-03, 9-13-2000)

   B.   Penalties:

      1.   Violations of this title are designated as Municipal infractions as specified in title 1, chapter 4 of this Code. (Ord. 2018-05, 11-19-2018, eff. 1-1-2019)

      2.   The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists, or maintains such violation may be found guilty of a separate offense and suffer the penalties specified above.

      3.   Nothing set forth in this section shall prevent the City from taking other lawful action as is necessary to prevent or remedy any violation. (Ord. 2000-03, 9-13-2000)