A permit shall be required for any clearing, grading, excavation, construction, reconstruction, non-minor change of occupancy or use, land development, re-development or building activity, except as specifically exempted by these regulations or per section 24-81 below. These regulations include the following four kinds of permits, the procedures for administration of which are found in section 24-85 below:

(a)

A building permit, where compliance with zoning is assessed, shall be required for any new building activity listed as "permitted" in the various districts adopted by these regulations (see sections 24-15 through 24-39).

(b)

A conditional use permit shall be required for any land use or building activity listed as a "conditional use" in the various zoning districts (see sections 24-15 through 24-39).

(c)

A fence permit is required for installation of any new fence or modifications or substantial repairs to an existing fence.

(d)

A certificate of occupancy is required when a new building is completed.

Building permit applications are submitted with applications for the above permits when building codes apply to the development. Building permits are then processed by the Miles City building inspector in conjunction with zoning review by the administrator and, when applicable, the board of adjustment or city council. Sign permits are authorized under separate ordinance—see Appendix H of the International Building Code for sign regulations in Miles City.

(Ord. No. 1306, § 1(Exh. A) 11-9-16; Ord. No. 1311, § 2, 13-14-17; Ord. No. 1387, § 1, 1-14-25)

The activities listed here are not exempt from any applicable requirement of these regulations, except the requirement for a permit. No permit shall be required for:

(a)

Clearing, grading, or excavation for the installation or maintenance of landscaping and gardens;

(b)

Repair or remodeling that does not alter the exterior dimensions of the building by more than six inches (note that fire or building codes may require a permit for such activities);

(c)

Construction or installation of accessory buildings that are less than ten feet in height with a projected roof area of less than 120 square feet that are not used for habitation and are exempt from building permit requirements, provided the buildings meet all standards of these regulations;

(d)

Minor changes of occupancy as defined by article V;

(e)

Construction of public streets and other municipal infrastructure, and subdivision improvements as allowed and/or required by a subdivision approval issued by the city council; and

(f)

Minor utility installations.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

Applications for permits shall be submitted on forms provided by the city. All applications shall include a site plan, and all other maps, plans, drawings, tabulations, calculations, and text needed to demonstrate compliance with these regulations. The administrator may require submission of multiple copies of application forms and supporting materials, as well as a copy of all documents to be submitted electronically in PDF or similar format.

(b)

Application fees for each type of permit and the other procedures established by these regulations shall be set by the city council.

(c)

No incomplete or insufficient application will be accepted for review and acted upon by the appropriate decision-making body (e.g., administrator, board of adjustment).

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

Applications and site plans shall include information necessary to demonstrate compliance with these regulations. Each permit application lists specific information that is pertinent to that request. All pertinent information shall be submitted by the applicant. Site plans shall be to scale and depict the information below. Individual required elements of site plans may be waived at the discretion of the administrator.

(a)

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

(b)

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

(c)

Topographic contours at a minimum interval of two feet or as determined by the administrator;

(d)

On-site and adjacent off-site streets, roads, alleys and easements to a distance of 150 feet from the subject property, including existing and proposed improvements such as curb, gutter, sidewalks, and bike paths;

(e)

Parking facilities, including bicycle racks, landscaping, drainage, lighting, handicap-accessible parking, typical dimensions (including labeling angles for angled parking), traffic flow on-site, ingress and egress points, driveways, and paving details;

(f)

Existing and proposed wells, septic tanks and drainfields (if applicable);

(g)

Existing and proposed utilities and municipal facilities, such as water lines and sewer lines;

(h)

Existing and proposed buildings with dimensions, including all above grade projections and lot coverage;

(i)

Location of fire hydrants, fire lanes and turnarounds;

(j)

Exterior refuse collection areas;

(k)

Elevation plans or side profiles for structures with dimensions for building heights, demonstrating the building height as defined by article V;

(l)

For any application that involves buildings for lease or rent, the applicant shall submit an assessment of potential significant impacts on the surrounding physical environment and human population in the area to be affected, including any proposed measures, if any, to avoid or minimize potential significant impacts identified; and

(m)

Any additional application information required by any section of these regulations.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

The filing of an application for a permit constitutes permission for the administrator and appropriate personnel to conduct inspections of the site during their consideration of the application, and to subsequently monitor compliance with any conditions of approval during the life of the permit.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

Purpose. The purpose of this permit procedure is to ensure that routine building and land use activities comply with these regulations.

(b)

Procedures. The following is the typical procedure for an applicant to apply for and receive a building, change of occupancy and certificate of occupancy permit:

(1)

The applicant shall submit a properly completed application form, a site plan, any supporting materials necessary to demonstrate compliance with these regulations, and the required application fee at city hall.

(2)

The administrator shall determine whether the application is complete and sufficient for review. If 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)

The administrator shall determine whether the proposed activity is in compliance with these regulations. If it complies, the application shall be approved and a permit shall be issued at that time. If the proposed development fails to comply, the application for a permit shall be denied. Conditions may be attached to the permit to direct the applicant and agents to requirements of these and other regulations.

(4)

Approval period. Building and change of occupancy permits are valid for one year. During the approval period all construction must be completed and compliance with the permit demonstrated. However, at the end of the approval period the administrator may, at the request of the applicant, extend approval for up to one additional year. The purpose of these timeframes is to ensure construction activities are not in an active state for an unreasonable amount of time posing threats to public health, safety, and welfare, and to ensure effective administration of these regulations.

(5)

After a permit is issued and prior to permit expiration, the applicant shall notify the administrator and demonstrate that development conforms to these regulations and any conditions of approval. The administrator shall visit the site to check for conformance and, if verified, issue a certificate of occupancy. If the development is determined not to be in conformance, the administrator shall notify the applicant of the deficiencies. The applicant must demonstrate conformance within the original or extended approval period, reapply for a permit, or appeal the administrator's decision under section 24-93. If voluntary compliance is not achieved a notice of violation may be issued under section 24-98.

(c)

Appeal. Any action or decision by the administrator may be appealed to the board of adjustment using the appeals procedure of section 24-93.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

It is the intent of this section to group similar or compatible land uses into specific zoning districts, either as permitted or conditional uses. Evaluation of uses shall be as follows:

(a)

The administrator shall determine if a use not listed is materially similar to a permitted or conditional use listed in the applicable district. Interpretations may be appealed to the board of adjustment per section 24-93.

(b)

Materially similar means the use provides a similar function, occurs within a similar structure or setting, and has a similar scale and impact to a permitted or conditional use listed.

(c)

Land uses deemed not to be materially similar to a permitted or conditional use shall be prohibited unless a variance is received (see section 24-92) or amendment to these regulations is made (see section 24-96).

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

Uses that are required to be allowed in a zoning district by state statute shall be allowed in accordance with state law whether or not the use is included in this chapter. Such uses shall be subject to review and permitting as permitted or conditional uses as designated by the various districts. Where such uses are indicated as prohibited, the uses are treated as conditional uses subject to review by the City Council pursuant to section 24-91.

(Ord. No. 1306, § 1(Exh. A) 11-9-16; Ord. No. 1387, § 1, 1-14-25)

For purposes of this section, an "agency" means a board, bureau, commission, department, district, an authority, or other entity of state or local government.

(a)

If an agency proposes to develop or use public land contrary to these zoning regulations, the agency shall first notify the board of adjustment of its intent to develop land contrary to these zoning regulations.

(b)

Whenever an agency proposes to use land contrary to these zoning regulations, a public hearing shall be held by the board of adjustment.

(c)

The administrator shall give notice of the public hearing in accordance with section 24-97.

(d)

The board of adjustment shall hold a public hearing within 30 days of the date the agency gives notice to the board of adjustment of its intent to develop or use land contrary to these zoning regulations.

(e)

The board of adjustment shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

Except as may be allowed by variance, the following apply to lawful nonconforming uses and structures existing at the time of the adoption of this chapter and/or effectiveness of a provision of these regulations:

(a)

The nonconforming use of a building or premises may be continued, but the degree of nonconformity shall not be expanded.

(b)

There shall be no limit on the maintenance and repairs of nonconforming uses or buildings, provided all such activities comply with applicable fire and building codes.

(c)

No building which has been damaged by fire or other catastrophic event to the extent of more than 50 percent of its assessed value exclusive of foundations shall be repaired or rebuilt except in conformity with these regulations.

(d)

Any nonconforming use abandoned for more than 12 months shall be terminated. Abandonment shall not be measured by the owner's intent, but solely by the fact that use ceases for a period of 12 or more months.

(e)

Temporary nonconforming uses or structures shall not be made permanent without full compliance with these regulations. For example, a building of a temporary character or low-grade construction in a location that does not comply with a setback requirement may not be enhanced with permanent construction features that would make it a permanent structure.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

The board of adjustment is established to act on variances and appeals of the administrator decisions and actions. The board of adjustment shall not hear matters related to conditional uses, and shall not review or approve conditional use permit applications.

(b)

The board of adjustment consists of five members appointed by the mayor for staggered three year terms, and subject to the confirmation by the city council. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Board members serve without compensation. A board member is removable for cause by the city council upon written charges and after public hearing.

(c)

The board of adjustment shall appoint one of its members as chairman and will set its operating rules in accordance with MCA 76-2-321 through 76-2-328.

(d)

All official files of the board of adjustment shall be held in the offices at city hall.

(e)

Meetings of the board of adjustment must be held at the call of the chairman and at other times that the board may determine.

(f)

The chairman or in the chairman's absence the acting chairman may administer oaths and compel the attendance of witnesses.

(g)

The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the administrator; to decide in favor of the applicant on any matter upon which the board of adjustment is required to pass under these regulations; or to effect any variation in these regulations.

(h)

All meetings of the board of adjustment shall be open to the public.

(i)

The board of adjustment 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, all of which shall be immediately filed in the offices at city hall and shall be a public record.

(Ord. No. 1306, § 1(Exh. A) 11-9-16; Ord. No. 1317, § 1, 1-9-18)

(a)

Purpose. Conditional uses require public review for activities that may have a significant impact on the landscape setting, public facilities, or neighboring land uses. Conditional uses may be compatible with the permitted uses in a zoning district, but require individual review of their location, scale, design, and configuration, and may include the imposition of special conditions or mitigations in order to ensure the appropriateness of the use at a particular location within a given zoning district.

(b)

Applicability. The conditional uses for each district are listed in the permitted and conditional use tables in the various districts sections in article II. When a proposed use is listed as a conditional use in the site's zoning district, the following require review under this section:

(1)

Any new conditional uses;

(2)

Any non-minor changes of occupancy resulting in a different conditional use, as determined by the administrator;

(3)

Any expansion to an existing use listed as a conditional use involving addition to buildings or outdoor areas directly associated with the conditional use that is greater than 25 percent of the existing square footage or 5,000 square feet, whichever is less; and

(4)

Changes in use where the parking requirements will exceed 25 percent of the existing use.

(c)

Procedure. The following is the typical procedure for an applicant to apply for and receive a conditional use permit:

(1)

The applicant shall submit a properly completed conditional use permit application form, a site plan, any supporting materials necessary to demonstrate compliance with these regulations, and the required application fee at city hall.

(2)

The administrator shall determine whether the application is complete and sufficient for review. 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 determining a conditional use permit application is complete and sufficient, the administrator shall place a public hearing on the proposed conditional use on the agenda of the next city council meeting for which the notice requirements of these regulations can be met (section 24-97), and at which time will allow for its proper consideration.

(4)

The administrator shall give notice of the public hearing in accordance with section 24-97.

(5)

The administrator shall prepare, or contract for preparation of, a report that describes the proposed conditional use, its site, its context, and its compliance, or failure to comply, with the applicable requirements of these regulations. In preparation of the report, the administrator may seek input from the police, fire, parks, sewer and water, streets, solid waste and other departments as well as other agency and service providers including the Montana Department of Transportation, local school district, utility service providers, Montana Department of Environmental Quality and others. In the report the administrator shall propose findings of fact and a recommendation of approval, approval with conditions or denial of the proposal for the city council's consideration.

(6)

The city council shall conduct a hearing on the proposed conditional use. At that hearing, the city council shall review the particular facts and circumstances of the proposed conditional use and adopt findings of fact in support of its decision. If the city council finds the application complies with the evaluation criteria in subsection (d) below, it shall approve the application. If the city council finds the application fails to comply, it shall deny the application. All decisions by the city council shall require the majority vote of a quorum of the council, with the mayor having the authority to break any ties.

(7)

Conditions may be attached to approval of any conditional use permit as provided in subsection (e) below, provided the city council specifically identifies the basis for each condition.

(8)

Consideration of a conditional use permit application may be tabled for no more than 35 calendar days.

(9)

Within ten days after a decision on the conditional use permit application is made, the administrator, working on behalf of the city council, shall notify the applicant of the decision and any conditions attached to the approval.

(10)

Upon the applicant demonstrating compliance with any conditions required by the city council to the administrator, the conditional use permit will be issued by the administrator within ten days.

(11)

Approval of a conditional use by the city council does not require the Administrator to permit any activity that is found to not comply with other applicable requirements.

(d)

Evaluation criteria. The city council, after weighing and evaluating the proposed use in light of the criteria set forth below, shall grant a conditional use permit if the application, supplemental information, public hearing and other evidence demonstrate that:

(1)

The proposed use complies with the applicable standards and the requirements of the zoning district in which the project is proposed;

(2)

The proposed use, including mitigation measures, shall have no more adverse effects on the health, safety, or welfare of persons living or working in the neighborhood, or shall be no more injurious to property or improvements in the neighborhood than would any other permitted or conditional uses in the same district. In making such determination, consideration shall be given to the location, type, height, scale, layout, and the type and extent of landscaping and screening on the site, as well as measures proposed by the applicant to minimize impacts to neighborhood;

(3)

Adequate facilities and services are, or will be, through the application of these regulations and the adoption of conditions, made available to serve the proposed use including police, fire, parks, sewer, water, streets, motorized and non-motorized transportation, drainage, solid waste, schools and other facilities and services as appropriate;

(4)

Adequate measures shall be taken as necessary to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads; and

(5)

No use shall be constructed or operated so as to cause excessive noise, vibrations, smoke, dust or other particulate matter, toxic or noxious matter, humidity, heat or glare into a residential district. "Excessive" is defined for these purposes as a degree that could be observed by the administrator and city council to be injurious to the public health, safety or welfare.

(e)

Conditions. Conditions may be imposed upon the approval of any conditional use permit, if:

(1)

They are clearly designed to ensure compliance with one or more specific requirement of these or other adopted regulations the city has the ability to enforce;

(2)

They are clearly designed to ensure the applicant complies with other laws or regulations;

(3)

They are directly related to the anticipated impacts of the proposed use;

(4)

They are roughly proportional to the anticipated impacts of the proposed use;

(5)

The applicant offers to take specific actions in relation to the proposal that can be ensured through the implementation of a condition; or

(6)

That conditions are deemed necessary to protect the public health, safety and general welfare.

(f)

Approval period. Conditional use permits are typically valid for two years from the date of approval by the city council, during which time all construction must be completed and compliance with the permit demonstrated. After this time, the use must remain in compliance with the city council approval and these regulations. However:

(1)

A conditional use permit may be granted with a shorter approval period as deemed appropriate by the city council with a justifiable reason related to protecting public health and safety or to ensure compliance with these regulations or other applicable regulations or laws.

(2)

At the end of the approval period the city council may, at the request of the applicant, extend its approval for a mutually agreed-upon period of time. The city council may issue more than one extension. For a permit to be extended, the applicant may be required to submit substantiating evidence justifying the request and showing good cause for extending the permit period.

(Ord. No. 1306, § 1(Exh. A) 11-9-16; Ord. No. 1317, § 2, 1-9-18)

(a)

Purpose. Variances provide relief for landowners who, due to some unique characteristic of their property, would suffer unnecessary hardship if these regulations are strictly enforced. Variances may be granted, but only as provided here.

(b)

Procedure. The following is the typical procedure for an applicant to apply for and receive a variance:

(1)

The applicant shall submit a properly completed variance application form, the required supporting materials including a narrative evaluating the variance request under the evaluation criteria in subsection (c) below, and the required application fee to City Hall.

(2)

The administrator shall determine whether the application is complete and sufficient for review. 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 determining a variance application is complete and sufficient, the administrator shall place a public hearing on the requested variance on the agenda of the next board of adjustment meeting for which the notice requirements of these regulations can be met (section 24-97), and at which time will allow for its proper consideration.

(4)

The administrator shall give notice of the public hearing in accordance with section 24-97.

(5)

The administrator shall prepare, or contract for preparation of, a report that describes the variance and the overall project, its site, its context, and its compliance, or failure to comply, with the applicable requirements of these regulations. In preparation of the report, the administrator may seek input from the police, fire, parks, sewer and water, streets, solid waste and other departments as well as other agency and service providers including the Montana Department of Transportation, local school district, utility service providers, Montana Department of Environmental Quality and others. In the report the administrator shall propose findings of fact and a recommendation of approval, approval with conditions, or denial of the proposal for the board of adjustment's consideration.

(6)

The board of adjustment shall conduct a hearing on the variance request. At that hearing, the board of adjustment shall review the particular facts and circumstances of the variance request and adopt findings of fact in support of its decision. If the board finds the application complies with the evaluation criteria in (c) below, it shall approve the variance. If the board finds the application fails to comply, it shall deny the variance. The concurring vote of four members of the board of adjustment shall be necessary to take official action approving a request.

(7)

Conditions may be attached to approval of any variance request, as provided in subsection (d) below, provided the board of adjustment specifically identifies the basis for each condition.

(8)

Consideration of a variance request may be tabled for no more than 35 calendar days.

(9)

Within ten days after a decision on the variance is made, the administrator, working on behalf of the board of adjustment, shall notify the applicant of the decision and any conditions attached to the approval.

(10)

Upon the applicant demonstrating compliance with any conditions required by the board of adjustment to the administrator, the permit associated with the variance request will be issued by the administrator within ten days. This does not require the administrator to permit any activity that is found to not comply with other applicable requirements.

(c)

Evaluation criteria. The board of adjustment shall approve a variance only upon finding that the following criteria are substantially met or not relevant to the proposal:

(1)

The need for a variance results from special conditions, such as physical limitations, dimensions or unique circumstances related to the lot or parcel, on which the variance is requested;

(2)

Due to those special conditions, a literal enforcement of the provisions of these regulations will result in unnecessary hardship;

(3)

Without a variance, strict compliance with the terms of these regulations will limit the reasonable use of the property and deprive the applicant of the rights enjoyed by other properties similarly situated in the district;

(4)

The alleged hardship has not been created by action of the applicant, owner or occupants;

(5)

Approval of the variance will not have a substantial adverse impact on neighboring properties;

(6)

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

(7)

Approval of the variance will observe the spirit of these regulations and provide substantial justice.

(d)

Conditions. Conditions may be imposed upon the approval of any variance, if:

(1)

They are clearly designed to ensure compliance with one or more specific requirement of these or other adopted regulations the city has the ability to enforce;

(2)

They are clearly designed to ensure the applicant complies with other laws or regulations;

(3)

They are directly related to the evaluation criteria;

(4)

They are roughly proportional to the anticipated impacts that may result from the reduced standard;

(5)

The applicant offers to take specific actions in relation to the proposal that can be ensured through the implementation of a condition; or

(6)

That conditions are deemed necessary to protect the public health, safety and general welfare.

(e)

Approval period. Variance approvals are typically valid for two years from the date of approval by the board of adjustment, during which time all construction must be completed and compliance with the permit demonstrated. After this time, the use must remain in compliance with the board of adjustment approval and these regulations. However:

(1)

A variance approval may be granted with a shorter approval period as deemed appropriate by the board of adjustment with a justifiable reason related to protecting public health and safety or to ensure compliance with these regulations or other applicable regulations or laws.

(2)

At the end of the approval period the board of adjustment may, at the request of the applicant, extend its approval for a mutually agreed-upon period of time. Any mutually agreed-upon extension must be in writing, dated and signed by at least four members of the board of adjustment and the applicant. The board of adjustment may issue more than one extension. For an approval to be extended, the applicant may be required to submit substantiating evidence justifying the request and showing good cause for extending the permit period.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

Applicability. Any decision of the administrator may be appealed to the board of adjustment as per MCA 76-2-326. Appeals of decisions by the board of adjustment are petitioned to a court of record as per MCA 76-2-327.

(b)

Procedure for administrative appeals. the following is the procedure to appeal a decision by the administrator:

(1)

The appellant shall submit a letter providing a notice of appeal and supporting materials to the administrator. Any appeal fees adopted by the city council shall be paid at city hall.

(2)

The administrator shall place a public hearing on the appeal on the agenda of the next board of adjustment meeting for which the notice requirements of these regulations can be met (Section 24-97), and at which time will allow for its proper consideration.

(3)

The administrator shall give notice of the public hearing in accordance with section 24-97. Notice shall also be given to the parties in interest.

(4)

The administrator shall, in a timely manner, transmit to the board of adjustment all papers constituting the record upon which the action appealed was taken.

(5)

The administrator shall publish a summary report that includes the decision and the surrounding circumstances, and forward it, along with a copy of pertinent information, to the board of adjustment.

(6)

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

(7)

The board of adjustment shall conduct a public hearing on the appeal. At the hearing, the board of adjustment shall determine whether the administrator made an error in any order, requirement, decision, or determination, and reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the administrator. The concurring vote of four members of the board of adjustment shall be necessary to take official action to reverse, wholly or partly, or modify the order, requirement, decision, or determination appealed from.

(8)

At the hearing, any party may appear in person or by the party's attorney.

(9)

Consideration of the appeal may be tabled for no more than 35 days.

(10)

The board of adjustment shall notify the appellant of its decision within ten days after it is made. The decision shall be in writing and contain a summary of the facts relied on as the basis for its decision.

(11)

MCA 76-2-327 outlines state laws regarding appeals of decisions by the board of adjustment to a court of record. The petition must be presented to the court within 30 days after the filing of the decision in the office of the board of adjustment.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

In order to avail itself of the powers conferred by this chapter, the city council has appointed a zoning commission to recommend the boundaries of the various zoning districts and appropriate regulations to be enforced therein.

(b)

The zoning commission shall consist of five members, who shall be appointed for staggered three-year terms and shall be removable for cause by the city council upon written charges and public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

The duties of the zoning commission are as follows:

(a)

Conduct public hearings on zoning changes/amendments.

(b)

Make and submit reports on proposed zoning changes/amendments to city council.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

Purpose. Any person may petition for the amendment of the zoning district map and/or these regulations. The amendment procedure shall be as provided here and in MCA 76-2-303. Amendments may also be initiated by the zoning commission or administrator, in which cases steps subsections (b)(1) through (b)(3) below, will not be required.

(b)

Amendment process.

(1)

The applicant shall submit a properly completed application form, the required supporting materials, including a narrative evaluating the amendment request under the amendment criteria in (c) below, and the required application fee at city hall.

(2)

The 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 administrator shall schedule a public hearing on the application for a zoning amendment on the agenda of the next zoning commission meeting for which the notice requirements can be met (section 24-97), and at which time allows for its proper consideration.

(4)

The administrator shall give notice of the public hearing in accordance with section 24-97.

(5)

The administrator shall prepare, or contract for the preparation of, a report that describes the proposed amendment and how it complies, or fails to comply, with the amendment criteria. The report shall include a recommendation for approval, approval with modifications or denial.

(6)

The zoning commission shall conduct at least one public hearing on the proposed amendment. At the hearing, the zoning commission shall make a report regarding the proposed zone change and consider whether the proposed amendment meets the amendment criteria. The zoning commission shall review the particular facts and circumstances of the proposed amendment and develop findings and conclusions that support its recommendation that the city council approve, approve with modifications, or disapprove it accordingly.

(7)

The zoning commission's action on a proposed amendment may be tabled, but for no more than 35 days.

(8)

The administrator shall convey the zoning commission's recommendation and all public comments to the city council and, unless the application is withdrawn, place a hearing on the agenda of the next city council meeting for which the notice requirements can be met (Section 24-97), and at which time allows for its proper consideration. The city council shall not hold its public hearing or take action until it has received the report of the zoning commission.

(9)

The administrator shall give notice of the city council's public hearing in accordance with section 24-97.

(10)

The city council shall conduct a public hearing on the proposed amendment. At the hearing, the city council shall consider the recommendation of the zoning commission and all testimony received, then approve, reject, or modify and approve the amendment. Action on the proposed amendment may be tabled, but for no more than 35 days.

(11)

If approved or approved with modifications, the city council shall pass an ordinance effectuating the amendment to the zoning map or regulations, as applicable.

(12)

An amendment to the zoning may not become effective except upon favorable vote of two-thirds of the present and voting members of the city council if a protest against a change is signed by the owners of 25 percent or more of:

a.

The area of the lots included in the proposed change; or

b.

Those lots or units, as defined in MCA 70-23-102, 150 feet from a lot included in a proposed change. For purposes of this protest provision, each unit owner is entitled to have the percentage of the unit owner's undivided interest in the common elements of the condominium, as expressed in the declaration, included in the calculation of the protest. If the property, as defined in MCA 70-23-102, spans more than one lot, the percentage of the unit owner's undivided interest in the common elements must be multiplied by the total number of lots upon which the property is located. The percentage of the unit owner's undivided interest must be certified as correct by the unit owner seeking to protest or by the presiding officer of the association of unit owners.

(13)

At the conclusion of the amendment process, the administrator shall notify the applicant of the city council decision within ten days.

(c)

Amendment criteria.

(1)

Zoning amendments shall be made:

a.

In accordance with the growth policy;

b.

To secure safety from fire and other dangers;

c.

To promote public health, safety, and general welfare; and

d.

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

(2)

In reviewing and making recommendations or decisions on zoning amendments, the administrator, zoning commission, and city council shall also consider:

a.

Reasonable provision of adequate light and air;

b.

The effect on motorized and non-motorized transportation systems;

c.

The promotion of compatible urban growth;

d.

The character of the district, and its peculiar suitability for particular uses; and

e.

Conserving the value of buildings and encouraging the most appropriate use of the land throughout the jurisdictional area.

f.

Whether the proposal might be considered illegal spot zoning. Factors to be considered include whether the proposed land use is significantly different from the prevailing use in the area; whether the area of the proposed zone change is relatively small not only in terms of acreage, but from the perspective of the number of separate landowners who would benefit from the proposed change; and whether the change would amount to special legislation designed to benefit only one or a few landowners at the expense of the surrounding landowners or general public. In order for spot zoning to be considered illegal, all three of the factors must be present.

(3)

Other criteria include whether the amendment:

a.

Corrects an inconsistency in the zoning; and

b.

Addresses changing conditions or furthers a specific public challenge such as the need for affordable housing, economic development, mixed use development or sustainable environmental features.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

All required public hearing notices shall provide the following information:

(1)

Name of the applicant and the landowner (if different);

(2)

Legal description of the site and its address or another general description by which the public can locate it;

(3)

Present land use at the site, if the application is site-specific;

(4)

The proposed use, if known;

(5)

That a public hearing is to be held to accept public comment and what board or body will conduct a public hearing;

(6)

The date, time and place of the hearing; and

(7)

Where applications are available for review, or who to contact for the same.

(b)

Notice of the hearing shall be provided as follows:

(1)

By certified mail, at least 15 calendar days before the hearing, to the applicant, landowner, and all adjoining property owners and owners of land within 150 feet of the subject property. For zone changes and zoning amendments, which have had the zoning commission's public hearing noticed by certified mail, the mail notice of the city council's public hearing may be done by first class mail seven calendar days before the hearing instead of certified mail and 15 calendar days before;

(2)

By newspaper publication, at least calendar 15 days before the hearing, one legal notice in the official newspaper;

(3)

When a zoning amendment is not specific to a subject property and is an amendment to the text or a zoning amendment or update to the map and/or regulations initiated by the City of Miles City staff, zoning commission, or other city official, the mailing notice requirement of (1) above does not apply;

(4)

All notices shall comply with (a) above.

(Ord. No. 1306, § 1(Exh. A) 11-9-16; Ord. No. 1387, § 1, 1-14-25)

(a)

Violations. Any person, partnership, association, company, corporation or individual who violates, disobeys, omits, neglects or refuses to comply with the provisions of these regulations shall be deemed guilty of a misdemeanor offense, and upon conviction thereof, shall be punished as prescribed below. Each day a violation of these regulations remains after notice to the offending party, as described below, shall constitute a separate misdemeanor offense. A person violates these regulations whenever he or she:

(1)

Proceeds with an activity for which a permit is required by these regulations without having obtained a permit;

(2)

Makes any misrepresentation in any application for a permit required by these regulations;

(3)

Fails to fulfill any condition imposed on the approval of a permit;

(4)

Fails to maintain any improvement required for compliance with these regulations or any permit granted under these regulations;

(5)

Engages in the development of land in any way not consistent with the requirements of these regulations;

(6)

Obscures, obstructs, removes or destroys any notice required to be posted or otherwise given under the terms of these regulations;

(7)

Fails to comply with any lawful order issued under the authority of these regulations; or

(8)

Disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of these regulations.

(b)

Responsibility for violations. The following persons may be jointly or severally responsible for violations of these regulations and subject to its enforcement provisions (also referred to as responsible party):

(1)

Any owner of property on which a violation occurs;

(2)

Any architect, engineer, planner, surveyor, builder, contractor, agent or any other person who knowingly participates and assists, directs, creates or maintains a situation that constitutes a violation of these regulations; and

(3)

Any tenant or occupant who has control over or responsibility for, use or development of the subject property.

(c)

Enforcement process. The process for enforcement of these regulations shall be as described here.

(1)

The administrator shall notify the occupant (and owner, if they are not the same) of the violation by certified mail and/or posting on the site. The notice shall describe the violation, cite the section(s) of these regulations being violated, and order the responsible party to attain compliance within 30 days.

(2)

The notice of violation may order an activity or work to cease, state the specific activity to be stopped, the specific reasons for the ordered stoppage, and the conditions under which the activity may resume. If the activity does not cease, the administrator shall ask the city attorney to take prompt action as authorized by MCA 76-2-308, to end the violation, obtain applicable penalties, and to require restoration of the site to its original condition. Restoration may include re-establishment of vegetative cover where sites have been graded in violation of these regulations.

(3)

Any person who receives a notice of violation may:

a.

Request inspection by the administrator to show that compliance has been attained within the 30 days allowed, or

b.

File a notice of appeal of the administrator's notice, following the procedure in section 24-93.

(4)

If voluntary compliance is not attained or a notice of appeal is not filed within 30 days, the administrator shall ask the city attorney to begin legal action, as authorized by MCA 76-2-308 and 76-2-315, against any responsible party who fails to attain compliance within the specified time, or show, on appeal, that a violation has not occurred.

(5)

This enforcement procedure may be accelerated where the administrator finds that public health and safety are endangered by a violation. In such cases, the administrator shall ask the city attorney to take immediate action to end the danger to public health and safety.

(d)

Penalties.

(1)

Penalties for zoning violations shall be as provided in MCA 76-2-315.

(2)

Zoning violations are misdemeanor offenses, and upon conviction, a guilty party is subject to a fine of up to $500.00, or imprisonment in the county jail not exceeding six months, or both.

(3)

Any person who violates these regulations may be required by court order or other action or proceedings to abate or remediate a violation or otherwise restore the premises to the condition in which it existed before the violation.

(4)

In addition to fines and imprisonment, the city is empowered to provide for civil penalties for violations. Such civil penalties are as follows:

a.

For a first violation, a civil penalty of not more than $500.00 shall be imposed.

b.

For each repeat violation, a civil penalty not to exceed $1,000.00 shall be imposed.

(e)

Withhold permit, utilities service or other development authorization.

(1)

The administrator, board of adjustment, city council or other authorized party may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements on property upon which there is an uncorrected violation of a provision of these regulations or of a condition or qualification of a permit, certificate, approval or other authorization previously granted. This enforcement provision may be applied regardless of whether the current property owner or applicant is responsible for the violation in question.

(2)

The administrator, board of adjustment, city council or other authorized party may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, develops or otherwise causes an uncorrected violation of a provision of these regulations or a condition or qualification of a permit, certificate, approval or other authorization previously granted. This enforcement provision may be applied regardless of whether the property for which the permit or other approval is sought is the property in violation. For purposes of this section, a "person" is defined as any individual or business entity with more than a 20 percent interest in the subject property.

(3)

No municipal utility service shall be provided to any development that is not in compliance with these regulations.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)