A.

The construction, reconstruction, modification or placement of a building in the City of Hamilton is subject to the provisions of this Title 17, building code(s) adopted by the city, Hamilton Public Works Standards, and all other requirements of the Hamilton Municipal Code.

B.

An application for the establishment of a new land use or the construction, reconstruction, modification or placement of a building in the City of Hamilton shall contain the following information.

1.

The appropriate application form needed to establish a land use or to construct, reconstruct, modify or place a building on the property.

2.

The name and address of the landowner and a legal description of the subject property.

3.

A site plan, drawn to scale, indicating the following:

a.

Property boundaries/lot lines with dimensions and a north arrow indicator.

b.

On-site and adjacent off-site streets, roads, alleys and easements, including existing and proposed improvements such as curb, gutter, sidewalks, and bike paths.

c.

Geographic features such as slopes, water bodies, floodplains, wetlands, trees and other vegetation.

d.

Existing and proposed utility lines on and adjacent to the property.

e.

Existing and proposed parking facilities, landscaping, lighting, drainage, and ingress and egress points.

f.

Any existing wells, septic systems or any other subsurface facilities.

g.

Existing and proposed buildings on the property.

h.

Exterior refuse collection and snow storage areas.

4.

A statement assessing the significant impacts on the surrounding physical environment and human population in the area to be affected including conditions, if any, that may be imposed to avoid or minimize potential significant impacts that are identified.

5.

Any additional information required by the Hamilton Municipal Code, building codes, and public works standards.

C.

Prior to approving a land use or the construction, reconstruction, modification or placement of a building the City of Hamilton shall:

1.

Verify and require that the property is served by adequate emergency, medical, fire protection services and law enforcement services for the proposed use of the property.

2.

Verify and require that the property has adequate legal and physical access for the proposed use.

3.

Verify and require that the proposed land use or building is in compliance with the city public works standards, city floodplain regulations, zoning regulations and other city regulations.

4.

Impose conditions on the issuance of any city permit that mitigate adverse impacts of the proposed land use or building on the surrounding physical environment and human population in the area of the subject property.

D.

Individual application requirements may be waived at the discretion of the zoning administrator.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

The following requirements are common to application procedures for zone map amendments, conditional use permits, variances, and special use permits. Additional details may be included in each specific application procedure.

1.

Applicants must submit a properly completed application form, the required supporting materials, and the required application fee.

2.

The zoning administrator shall determine whether the application is complete and sufficient. When an application is determined incomplete or insufficient, the administrator shall provide written notice to the applicant indicating what information must be submitted for the review to proceed.

3.

After the application is determined to be complete and sufficient, the zoning administrator shall notify the applicant and schedule a public hearing on the application on the agenda of the appropriate review body for which notice requirements can be met per Section 17.12.030, and at which time allows for its proper consideration.

4.

The zoning administrator shall give notice of the public hearing in accordance with Section 17.12.030.

5.

The zoning administrator shall prepare, or contract for the preparation of, a report that describes the applicant's proposal and how it complies, or fails to comply, with the applicable review criteria. The report shall include a recommendation for approval, approval with conditions, or denial.

6.

The zoning administrator shall forward their report and the application to the appropriate review body.

B.

Requests initiated by the city council, zoning commission, planning board, or zoning administrator are not required to complete application steps (1) and (2) outlined under Subsection 17.12.020(A) of this chapter.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

All actions of the City of Hamilton requiring public hearings under the provisions of this Chapter 17.12 shall comply with the Montana Code Annotated and the provisions of this section with regard to public notification.

B.

Public notices shall provide the following information

1.

Name of the applicant and landowner (if different)

2.

A legal description of the subject property and a commonly known address or local description

3.

A brief description of the proposed action

4.

The time, date and place of the public hearing; and

5.

The city office, email, and telephone number where further information may be obtained; and

C.

Notice of public hearings required under this Chapter 17.12 shall be provided as follows:

1.

Notice shall be sent by mail to all property owners within three hundred (300) feet of the subject property at least fifteen (15) days in advance of the hearing.

2.

Notice of the hearing shall be published twice in a newspaper of general circulation within the City of Hamilton. The two publications shall be separated by not less than six days. The first public notice shall be published at least fifteen (15) days in advance of the hearing.

3.

Notice shall be posted on the subject property at least fifteen (15) days in advance of the hearing.

a.

The applicant is responsible for posting notice on-site. The city will provide the notice to the applicant for posting on-site not less than four days prior to the notice period.

b.

At least one notice must be placed on the property's frontage so that it may be seen from the abutting street. If the property has two street frontages, a notice shall be posted on both frontages.

4.

Notice shall be posted on the City of Hamilton website at least fifteen (15) days in advance of the hearing.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

Zoning Administrator.

1.

The city council shall designate a zoning administrator to administer and enforce this title. The zoning administrator may request or the mayor may direct city personnel or departments to provide assistance as appropriate.

2.

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

B.

Zoning Commission.

1.

The city council shall establish a zoning commission and shall appoint seven members to the commission. The membership of the zoning commission shall be composed of one member of the Hamilton planning board, one member of the Hamilton zoning board of adjustment, one member of the Hamilton city council and four residents of the City of Hamilton at large. The four at large members shall have a term of two years and all other designated members shall be appointed or reappointed at the first council meeting in January each year by the city council. All members of the zoning commission must reside within the city limits of Hamilton.

2.

After the required public notice, the zoning commission shall conduct a public hearing on any application to zone unzoned land, to amend the official zoning map, or to amend Title 17 (Zoning) of the Hamilton Municipal Code.

C.

Zoning board of adjustment.

1.

The zoning board of adjustment shall.

a.

Consist of seven members, all of whom reside within the Hamilton city limits;

b.

Be appointed by the mayor with the consent of the city council;

c.

Be appointed for a term of three years; and

d.

Make decisions by a concurring vote of four members.

2.

Function.

a.

To determine whether proposed conditional uses or variances should be approved according to the applicable review criteria;

b.

To hear and decide special exceptions to the terms of this Title 17;

c.

To hear and decide appeals of administrative actions in enforcing this Title 17. Such appeals shall be initiated within thirty (30) days of the administrative action.

3.

Zoning board of adjustment action.

a.

A quorum shall consist of four members;

b.

Concurring votes of at least four members of the zoning board of adjustment are required to conduct zoning board of adjustment functions;

c.

Abstentions shall not be recorded as affirmative or negative votes; and

d.

If the zoning board of adjustment cannot act because of absences, abstentions, conflicts of interest or vacancies, the zoning board of adjustment shall refer the request to the city council for resolution. Concurring votes of at least four members of the city council are required.

D.

Planning board.

1.

The city council shall establish a planning board pursuant to Title 2 of these regulations.

2.

Function: in addition to the powers and duties specified in Title 2 of these regulations, the planning board shall determine whether proposed special uses are appropriate and in the best interests of the public.

3.

Planning board action pursuant to special use permit requests: after the required public notice, the planning board shall conduct a public hearing on any application to consider special use permit requests.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

Initiation.

1.

Zoning map amendments: Amendments to zoning map district boundaries may be initiated by city council, zoning commission, or upon application from an owner of property within the city

2.

Zoning Text Amendments: Amendments to this title may be initiated by city council, zoning commission, or the zoning administrator.

B.

Procedures.

1.

Applicants for zoning amendments shall complete steps (1) through (6) outlined under Subsection 17.12.020(A) of this chapter.

2.

The zoning commission shall hold a public hearing on the proposed zoning amendment within forty-five (45) calendar days after a completed application and all exhibits have been submitted. At the public hearing the zoning commission shall make a recommendation to the city council to approve or deny the application. The zoning commission shall forward its recommendation to the city council within thirty (30) calendar days of completion of the zoning commission's public hearing.

3.

The city council shall hold a public hearing on a proposed zoning district boundary changes within sixty (60) calendar days after receiving a recommendation from the zoning commission. The city council shall approve or deny the proposed zoning amendment.

C.

Review criteria: The zoning commission and city council shall consider the following criteria in making a recommendation or decision regarding a proposed zoning amendment. In considering the criteria, the findings must show that the proposed zoning amendment meets criteria 1—4, while criteria 5—10 must be considered.

1.

Is the zoning in accordance with the city's growth policy or comprehensive plan;

2.

Is the zoning designed to secure safety from fire and other dangers;

3.

Will the zoning promote public health, public safety and general welfare;

4.

Will the zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;

5.

Will the zoning reasonably provide adequate light and air;

6.

How will the zoning affect motorized and nonmotorized transportation systems;

7.

Will the zoning promote compatible urban growth;

8.

Does the zoning consider the character of the district and its peculiar suitability for particular uses;

9.

Does the zoning conserve the value of buildings; and

10.

Does the zoning encourage the most appropriate use of land throughout the city.

D.

Protest: Per MCA 76-2-305(2) in the event of a protest against a zoning amendment signed by the owners of 25 percent or more of either the area of the lots included in the proposed amendment or those lots or condominium units 150 feet from a lot included in a proposed amendment, such amendment may not become effective except upon a favorable vote of two-thirds of the present and voting members of the city council. When considering protests from condominium owners the provisions of MCA 76-2-305(3) apply.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

A conditional use permit or conditional use structure permit is issued for and attached to the use of the property.

B.

Procedures.

1.

Applicants for conditional use permits shall complete steps (1) through (6) outlined under Subsection 17.12.020(A) of this chapter.

2.

The zoning board of adjustment shall hold a public hearing on the proposed conditional use within forty-five (45) calendar days after a completed application and all required supporting materials have been submitted. At the public hearing the zoning board of adjustment shall approve, approve with conditions, or deny the application.

3.

Within thirty (30) days after a decision on the conditional use permit application is made, the zoning administrator, with approval of the zoning board of adjustment chair, shall provide the applicant a record of decision in accordance with Section 17.12.090, documenting the decision and any conditions attached to the approval.

C.

Review criteria: A conditional use or conditional use structure permit may be granted when allowed in the district, provided that the zoning board of adjustment finds that the proposal demonstrates conformance with the following criteria:

1.

Is the proposal consistent with the goals and policies in the city's growth policy or comprehensive plan;

2.

Will the proposal negatively impact public health, safety, or general welfare; and

3.

How will the proposal impact public facilities and services, including, but not limited to transportation, water, sewer, police, fire, and parks.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

Variances for relief from this Title 17 may be granted only as follows:

B.

Procedures.

1.

Applicants for a variance shall complete steps (1) through (6) outlined under Subsection 17.12.020(A) of this chapter.

2.

The zoning board of adjustment shall hold a public hearing on the proposed variance within forty-five (45) calendar days after a completed application and all required supporting materials have been submitted. At the public hearing the zoning board of adjustment shall approve, approve with conditions, or deny the application.

3.

Within thirty (30) days after a decision on the variance application is made, the zoning administrator, with approval of the zoning board of adjustment chair, shall provide the applicant a record of decision in accordance with Section 17.12.090, documenting the decision and any conditions attached to the approval.

C.

Review criteria: A variance from the terms of this Title 17 may be granted only if the zoning board of adjustment finds that the following criteria have been substantially met or are not relevant to the proposal.

1.

That, owing to special conditions unique to the property, a literal enforcement of the provisions of this Title 17 would result in an unnecessary hardship that would deprive the property of rights commonly enjoyed by other properties in the same district;

a.

Conditions unique to the property may include, but are not limited to, size of property, shape of the property, topography of the property, location of existing nonconforming structure(s) on the property, or location of existing service lines.

b.

A hardship does not include a financial hardship or hardship arising from actions by the applicant, owner, or occupants.

2.

That granting the variance will not confer on the applicant any special privilege that is denied by this title to other properties in the same district;

3.

Approval of the variance will not be contrary to the public interest;

4.

Approval of the variance will observe the spirit of this title and do substantial justice.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

Special uses are contingent uses which may or may not be appropriate in a particular location depending on the nature of the proposed special use, its relationship to the surrounding land uses, impact on public facilities, potential environmental effects, compatibility with the neighborhood, and conformance to adopted policies, guidelines, plans and regulations of the City of Hamilton. Prior to establishment of a special use, a special use permit must be approved or approved with conditions by city council.

B.

Procedures.

1.

Applicants for special use permits shall complete steps (1) through (6) outlined under Subsection 17.12.020(A) of this chapter.

2.

The planning board shall hold a public hearing on the proposed special use permit within forty-five (45) calendar days after a completed application and all exhibits have been submitted. At the public hearing the planning board shall make a recommendation to the city council to approve, approve with conditions, or deny the application. The planning board shall forward its written recommendation to the city council within thirty (30) calendar days of completion of the planning board's public hearing.

3.

The city council shall hold a public hearing on the proposed special use permit within sixty (60) calendar days after receiving a written recommendation from the planning board. The city council shall approve, approve with conditions, or deny the proposed special use application.

4.

Within thirty (30) days after a decision on the special use permit application is made, the city clerk, with approval of the city council president, shall provide the applicant a record of decision in accordance with Section 17.12.090, documenting the decision and any conditions attached to the approval.

C.

Review criteria: The planning board and city council shall consider the following criteria in making a recommendation or decision regarding a proposed special use permit:

1.

Is the proposal consistent with the goals and policies in the city's growth policy or comprehensive plan;

2.

Does the proposal conform to the requirements of this Title 17;

3.

Is the proposal compatible with the character of the surrounding area including, but not limited to the architectural character of the neighborhood;

4.

Will the proposal negatively impact public health, safety, or general welfare;

5.

How will the proposal impact public facilities and services, including, but not limited to transportation, water, sewer, police, fire, and parks;

6.

Does the proposal conform to the City of Hamilton Building and Site Design Guidelines; and

7.

Is the proposal contrary to the public interest.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

The zoning board of adjustment or city council, as appropriate, shall maintain a record of its decision on conditional use permit, variance, or special use permit requests in the form of a record of decision. The record of decision shall include the following information.

1.

Name of the applicant and landowner (if different).

2.

A legal description of the subject property and a commonly known address or local description.

3.

A brief description of the proposed action.

4.

The date of the public hearing.

5.

Any conditions, if applicable, attached to the approval.

6.

Documentation of reports and recommendations relied upon.

7.

Documentation of the vote of each member of the zoning board of adjustment, planning board, or city council, as applicable.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

Appeals from application of this Title 17.

1.

The zoning 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 any administrative official in the enforcement of this title.

2.

Any person aggrieved by or any officer of the municipal government affected by a decision made by an administrative official or body may file a notice of appeal within sixty (60) days of the date the subject decision was made. The notice of appeal must be submitted to the zoning administrator, must specify the grounds of the appeal, and must comply with any rules adopted by the zoning board of adjustment.

3.

The zoning administrator shall timely transmit to the zoning board of adjustment the notice of appeal and all papers constituting the record of the subject decision.

4.

The zoning board of adjustment shall fix a reasonable time for hearing of the appeal and give public notice of the hearing as well as notice to the parties in interest. At the hearing, any party may appear in person or be represented by the party's attorney.

5.

The zoning board of adjustment, in conformity with the provisions of the 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.

6.

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed, unless the zoning administrator certifies to the zoning board of adjustment after the notice of appeal is filed that the stay would, in the zoning administrator's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order, which may be granted by the zoning board of adjustment or by a court of record on application, on notice to the zoning administrator and on due cause shown.

B.

Appeals from decisions of the zoning board of adjustment.

1.

Any person or persons, jointly or severally, aggrieved by any decision of the zoning board of adjustment or any taxpayer or any officer, department, board, or bureau of the city may present to a court of record a petition, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be presented to the court within 30 days after the filing of the decision in the office of the board. Such appeal will be heard according to the provisions of Montana law.

2.

Upon the presentation of the petition, the court may allow a writ of certiorari directed to the zoning board of adjustment to review the decision of the board of adjustment and shall prescribe in the writ the time within which a return must be made and served upon the relator's attorney, which may not be less than ten days and may be extended by the court. The allowance of the writ does not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board, and on due cause shown, grant a restraining order.

3.

The zoning administrator on behalf of the zoning board of adjustment may not be required to return the original papers acted upon by it, but it is sufficient to return certified or sworn copies of the original papers or of portions of the original papers that may be called for by the writ. The return must concisely set forth other facts that may be pertinent and material to show the grounds of the decision appealed from and must be verified.

4.

If, upon the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence that it may direct and report the evidence to the court with the referee's findings of fact and conclusions of law, which constitute a part of the proceedings upon which the determination of the court must be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

5.

Costs shall not be allowed against the zoning board of adjustment unless it shall appear to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

Whenever a violation of this Title 17 occurs or is alleged to have occurred, any aggrieved person or any officer, department, board, or bureau of the City may file a written complaint. The complaint, stating fully the causes and basis of the violation, shall be filed with the zoning administrator who shall reasonably investigate and take action as provided by this chapter.

B.

Penalties.

1.

Violations of the provisions of this Title 17 or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with the grant of variances, conditional uses, permits, or any of the requirements imposed by the decision-making body, may constitute a misdemeanor subject to prosecution under the provisions of Montana law and the Hamilton Municipal Code.

2.

Any person who violates this title or fails to comply with any conditions, safeguards, or requirements may also be ordered to pay all costs and expenses involved in remedying the violation. Each day such violation continues may be considered a separate offense as allowed by Montana law.

3.

Nothing set forth in this section shall prevent the city from taking any other lawful action to prevent or remedy any violation.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

Variances, conditional use permits, and special use permits may be granted subject to conditions which are authorized by state law and this Title 17, including but not limited to:

1.

Dedication and/or improvement of a public right-of-way;

2.

Protection of adjoining property;

3.

Placement and regulation of nature and extent of uses on the property;

4.

Regulation of height; and

5.

Regulation of term of permit or variance.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

Revocation. A variance, conditional use permit, or special use permit may be revoked after a public hearing in accordance with procedures required for granting it if:

1.

Conditions have changed substantially since it was issued;

2.

Revocation is necessary to address an imminent threat to the health, safety or welfare or the public or any person(s); or

3.

The holder has not complied with the conditions under which it was issued;

(Ord. No. 441 , Exh. A, 6-6-23)

A.

Special use permits. Special use permits shall be valid for one year from the date of city council approval. If, within that one-year time period, no required subsequent application has been filed or an authorized use established, approval shall expire. For good cause, the council may grant one extension for a time period not to exceed one additional year.

B.

Conditional use permits. Conditional use permits and conditional use structure permits are not issued for a specific term. A conditional use permit or conditional use structure permit is in effect for the duration applied for. Revocation shall void the conditional use permit or conditional use structure permit and a new conditional use permit or conditional use structure permit must be applied for.

C.

Variances. A variance shall expire if it has not been utilized within one year of the date of approval. For the purpose of this section, "utilized" means construction or remodeling of the structure on the site, or the specified activity, has begun. For good cause, the zoning administrator may grant one extension for a time period not to exceed one additional year.

(Ord. No. 441 , Exh. A, 6-6-23)