1.

A planning commission is hereby established (MCA 1972, § 17-1-11).

2.

The planning commission shall consist of eight members, all of whom must be citizen members representing their respective wards, with the exception of the at-large positions whom must be citizen members residing in any ward within the city limits.

3.

Planning commission members shall serve with pay at the rate of $100.00 per meeting attended monthly, including all scheduled and special meetings, not to exceed $200.00 per month.

4.

The mayor and board of aldermen shall be the appointing authority of the planning commission. There shall be one commissioner appointed per ward, and two at-large commissioners. One at-large commissioner shall be appointed by the alderman-at-large, and one at-large commissioner shall be appointed by the mayor. Individuals applying for a planning commission vacancy shall submit a resume to the alderman representing the ward where the vacancy exists, or to the mayor. Upon review of resumes, the alderman or mayor shall submit a name for consideration by the mayor and board of aldermen. Applicants must reside in the ward where the vacancy exists, except where the vacancy exists for the at-large positions.

5.

The term of office for the planning commission shall be five years, but the term of office of members first appointed shall be staggered so that a proportionate number serve, two, three, four year and five years, respectively.

6.

Vacancies on the planning commission shall be filled within 60 calendar days by the appropriate appointing authority. If the authority fails to act within that time, the planning commission shall fill the vacancy. When a vacancy occurs, other than through expiration of the term of office, it shall be filled for the remainder of that term.

7.

Any member of the planning commission may be removed by the mayor, subject to the approval by the legislative body, for inefficiency, neglect of duty, malfeasance, or conflict of interest. The mayor exercising the power to remove a member from the planning commission shall submit a written statement to the planning commission setting forth the reasons and the statement shall be read at the next meeting of the planning commission which shall be open to the general public. The member so removed shall have the right of appeal from the removal to the board of alderman.

8.

The planning commission shall elect annually a chairman, vice- chairman, and secretary, and any other officers it deems necessary, and any officer shall be eligible for re-election at the expiration of this term.

(Ord. No. Ord. No. 1979(42-A438), § 1, 11-15-2022)

1.

The planning commission shall conduct meetings on the 2nd and 4th Tuesday of every month at 6:00 p.m. in the place designated for such meetings.

2.

The planning commission may conduct meetings at the call of the chairman, who shall give written or oral notice to all members of the commission at least three days prior to the meeting, which notice shall contain the date, time, and place for the meeting, and the subject or subjects which will be discussed.

3.

A simple majority of the total membership of the planning commission, as established by regulation or agreement shall constitute a quorum. Any member of the planning commission who has any direct or indirect financial interest in the outcome of any question before the body shall disclose the nature of the interest and shall disqualify himself from voting on the question.

4.

The planning commission shall keep minutes and records of all proceedings including regulations, transactions, findings, and determinations and the number of votes for and against each question, and if any member is absent or abstains from voting, indicating the fact, all of which shall, immediately after adoption, be filed in the office of the city clerk. A transcript of the minutes of the planning commission shall be provided if requested by a party, at the expense of the requesting party, and the transcript shall constitute the record.

5.

The planning commission shall have the power to issue subpoenas to compel witnesses to attend its meetings and give evidence bearing upon the questions before it.

6.

The chairman of the planning commission shall have the power to administer an oath to witnesses prior to their testifying before the commission of any issue.

11.31.

Official zoning map. It shall be the duty of the planning commission to annually review in October of each year the official zoning map of the city and make determination as to the condition and difficultness of interpretation due to changes and additions. Should the planning commission determine that the official zoning map needs replacement such recommendation will be made to the mayor and board of alderman per procedure outlined in section 3.1 of this ordinance. (MCA 1972, § 17-1-3).

11.32.

Comprehensive plan. The planning commission of the city shall provide for the preparation, adoption, amendment, extension and carrying out of a comprehensive plan for the purpose of bringing about coordinated physical development in accordance with present and future needs of the city. The comprehensive plan as developed for the city shall consist of the following elements at a minimum:

1.

Goals and objectives for the long-range (20 to 25 years) development of the county or municipality. Required goals and objectives shall address, at a minimum, residential, commercial and industrial development; parks, open space and recreation; street or road improvements; public schools and community facilities.

2.

A land use plan which designates in map or policy form the proposed general distribution and extent of the uses of land for residences, commerce, industry, recreation and open space, public/quasi-public facilities and lands. Background information shall be provided concerning the specific meaning of land use categories depicted in the plan in terms of the following: residential densities; intensity of commercial uses; industrial and public/quasi-public uses; and any other information needed to adequately define the meaning of such land use codes. Projections of population and economic growth for the area encompassed by the plan may be the basis for quantitative recommendations for each land use category.

3.

A transportation plan depicting in map form the proposed functional classifications for all existing and proposed streets, roads and highways for the area encompassed by the land use plan and for the same time period as that covered by the land use plan. Functional classifications shall consist of arterial, collector and local streets, roads and highways, and these classifications shall be defined on the plan as to minimum right-of-way and surface width requirements; these requirements shall be based upon traffic projections. All other forms of transportation pertinent to the local jurisdiction shall be addressed as appropriate. The transportation plan shall be a basis for a capital improvements program.

4.

A community facilities plan as a basis for a capital improvements program including, but not limited to, the following: housing; schools; parks and recreation; public buildings and facilities; and utilities and drainage.

The comprehensive plan shall be reviewed annually in October of each year and any amendments, changes, additions or deletions recommended to the mayor and board of alderman for adoption through their governing authority. (MCA 1972, § 17-1-5).

The planning commission of the city shall provide for the preparation, adoption, amendment, extension and carrying out of a zoning ordinance, regulations governing subdivisions of land, building or set back lines on streets, roads and highways and recommendations to the mayor and board of alderman with regard to the enforcement of and amendments to the zoning ordinance, subdivision regulations and capital improvements program. The mayor and board of alderman may adopt, amend and enforce the zoning ordinance, subdivision regulations and capital improvement program as recommended by the planning commission.

11.41.

Preparation of capital improvement plan. For the purpose of bringing about coordinated development in accordance with present and future needs of the city to assist the mayor and board of alderman in the preparation of and extension of an official capital improvement plan through the authority of the board of alderman; to create an increasingly better, more healthful, convenient, efficient and attractive city environment; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public requirements in accordance with a carefully thought out comprehensive official plan to serve both present and future needs of the city, the members of such commission, in cooperation with the mayor and board of alderman, shall prepare a master plan for the physical development of the municipality including, but not necessarily limited to, the following:

1.

The development of a street system, including major street plans, parkways and boulevards, express highways, traffic flow, control and safety, truck routes, viaducts, underpasses and bridges, on- and off-street parking, and illumination.

2.

Transportation and transit, including railroads, bus lines, both local and interurban, trucks lines and taxicabs.

3.

Housing to the extent and treatment of substandard buildings and blighted areas, and the development of neighborhood districts.

4.

Parks and recreation, including the development of new parks, neighborhood playgrounds, playfields and parks, community centers, clubhouses and recreational programs.

5.

Public schools, including, in collaboration with existing school authorities, the expansion of facilities, the location and erection of new schools with particular reference to accessibility, utilities and traffic problems.

6.

Cultural and public buildings, including cultural institutions, federal, state and county buildings, city buildings, such as auditoriums, libraries in collaboration with the city library board, art and music center, fire stations, police buildings, city hall and facilities required for the operation of city government.

7.

Long range water supply and water storage.

8.

Sewage disposal.

9.

Sewage system, expansion and development and flood control, surface water and river.

10.

Extension of corporate boundaries of the city, as related to feasibility, service to be rendered, and economic and fiscal factors.

11.

Finance, including orderly fiscal control of both short range and long-range development in the light of the present financial structure of the city.

12.

Zoning problems, including revision of zoning maps and ordinances, coordination of zoning ordinances with building codes and sanitary codes, changes and use permits, and any other phase of the zoning requirements of the city.

13.

Proposed regulations governing the subdivision of land, giving consideration to the requirements of streets and utilities, both inside and outside the city.

The planning commission shall exercise any and all authority and functions in regard to zoning in the city and is invested with all the authority so to do as provided in MCA 1972, § 17-1-13, and all other statutes of the state and ordinances of the city as presently existing and as same may be amended from time to time.

11.51.

Hearings on zoning matters—Conduct generally. Hearings on zoning matters within the city shall be heard before the city planning commission, and the proceedings before the commission shall be taken down either in shorthand or by mechanical or tape recording, which cannot be altered. Before the city planning commission board shall hold any official hearing, there shall have been two advertisements of such meeting setting forth the time and place of such hearing, a description of the property involved, and the existing zoning and purported changes and modifications therein. Such publication shall be made in a newspaper of general circulation within the city, the first publication to be at least 15 days before such hearing.

11.52.

Action by mayor and board of alderman on recommendation of board. After such zoning hearings, entitlement hearings, appeals or other related business, the city planning commission shall make its recommendation to the board of aldermen which recommendation may be accepted or rejected by the board, or may be accepted in part and rejected in part or may be sent back to the city planning commission for further hearing.

11.53.

Entitlements. Conditional use permits and variances. The planning commission included in this ordinance allows uses permitted by rights through the specifically listed permitted uses and requirements in each zoning district. Where the language present in the ordinance does not specifically address a particular use or activity within a zoning district the entitlement process must be invoked to obtain the city's approval.

The planning commission shall fix a reasonable time for hearing the appeal and give public notice in accordance with all applicable state law, as well as written notice to the appellant and the zoning administrator at least one calendar week prior to the hearing, and shall decide on the appeal within 60 consecutive calendar days. The affected party may appear at the hearing in person or by attorney.

11.61.

Appeals; hearings, notice. Any appeal from the official actions of the building inspector (zoning administrator), planning commission or board of alderman may be taken in the following manner:

1.

Any person or entity claiming to be injured or aggrieved by any final action of the zoning administrator (building inspector) based on whole or in part upon the provision of these zoning regulations may appeal from the action to the planning commission. Such appeal shall be taken within 30 consecutive calendar days after the final action of the zoning administrator by filing with the official from whom the appeal is taken and with the planning commission a notice of appeal specifying the grounds thereof. The official from whom the appeal is taken shall forthwith transmit to the planning commission all of the papers constituting the record upon which the appealed action as taken.

2.

Any person or persons, jointly or severally or any entity aggrieved by any decision of the planning commission, or any taxpayer, or any officer, department, board or bureau of the municipality may seek review of such decisions by the mayor and board of alderman of the city by giving notice of such request to the city clerk within 30 days of the decision for which review is sought.

3.

All appeals from official action or decision of the board of alderman shall be taken in the appropriate circuit court within 30 consecutive calendar days after the action or decision is rendered and all decisions, which have not been appealed within 30 consecutive calendar days shall become final. After the appeal is taken, the procedure shall be governed by the rules of civil procedure. When an appeal has been filed, the clerk of the circuit court shall issue a summons to all parties, including the planning commission in all cases, and shall cause it to be delivered for service as in any other law action.

4.

In appeals involving either the planning commission or the board of Alderman, either shall fix a reasonable time for the hearing of the appeal and shall have public notice thereof, as well as due notice to the parties in interest and shall decide the appeal within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

5.

Within ten days after receiving notice of the appeal the building inspector shall cause to have posted in a conspicuous place on the property one or more signs each of which shall not be less than four square feet in area, and each of which shall contain information as to the proposed change and the date and time of the public hearings before the planning commission. Both the sign and the public notice shall be published at least 15 days before the hearing by the planning commission.

11.62.

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator from whom the appeal is taken, certifies to the board of adjustment, after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a court of record on application, or on notice to the zoning administrator from whom the appeal is taken and on due cause shown.

11.63.

Powers of the city planning commission. Upon appeals, the planning commission shall have the following powers:

1.

To hear and decide on applications for variances where, by reason of the exceptional narrowness, shallowness, or unusual shape of a site on the effective date of this ordinance, or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that site, the literal enforcement of the requirements of the zoning ordinance would deprive the applicant of reasonable capacity to make use of the land.

2.

To hear and decide appeals where it is alleged, by the appellant, that there is an error in any order, requirement, decision, grant, or refusal made by a zoning administrator in the enforcement of this ordinance. Such appeal shall be taken within 60 consecutive calendar days.

3.

To hear and decide applications for conditional use permits to allow the proper integration into the community of uses which are specifically named herein, which may be suitable only in specific locations in the zone only if certain conditions are met.

4.

To hear and decide, in accordance with the provisions of this ordinance, requests for interpretation of the official zoning map or for decisions upon other special questions upon which said board is authorized to act upon.

5.

To hear and decide, in accordance with the provisions of this ordinance and the adopted comprehensive plan, requests for the change from one non-conforming use to another.

11.64.

Variances; change from one non-conforming use to another; conditions governing applications; procedures.

A.

Variances. Before any variance is granted, the planning commission must find all of the following, which shall be recorded along with any imposed conditions or restrictions in its minutes and records and issued in written form to the applicant to constitute proof of the variance. Such variance shall not be granted by the planning commission unless and until:

1.

A written application for a variance (including the required fee as per section 11.8 of this ordinance) and a site plan:

a.

That specific conditions and circumstances exist which are unique to the applicant's land and do not exist on other land in the same zone;

b.

That the manner in which the strict application of the provisions of this ordinance would deprive the applicant of a reasonable use of the land in the manner equivalent to the use permitted other land owners in the same zone;

c.

That the unique conditions and circumstances are not the result of actions of the applicant taken subsequently to the adoption of this ordinance;

d.

Reasons that the variance will preserve, not harm, the public safety and welfare, and will not alter the essential character of the neighborhood; and

e.

That granting the variance requested will not confer on the applicant any special privilege that is not conferred by this ordinance to other lands, structures or buildings in the same zone. No non-conforming use of neighboring lands and structures in the same zone shall be considered grounds for the issuance of a variance.

2.

Notice of public hearing shall be given in accordance with state law and any provision of this ordinance.

3.

The public hearing shall be held. Any person may appear in person, or by agent, or by attorney.

4.

Prior to granting a variance the planning commission shall make findings that the requirements of this section have been met by the applicant for a variance. The planning commission shall further make a finding that reasons set forth in the application justify the granting of a variance and that all of the following conditions exist:

a.

There are extraordinary and exceptional conditions pertaining to the particular property, building, or structure in question because of its size, shape, and topography, and

b.

The literal applications of the provisions of this ordinance to the particular property, structure, or building would create an unnecessary hardship, and

c.

Such conditions are peculiar to the particular property building or structure, and not to other such property in the district, and

d.

Relief, if granted, would not cause substantial detriment to the public welfare, or impair the purposes and intent of the ordinance, provided, however, that no variance be granted for use of such property, building, or structure prohibited by this ordinance, and

e.

Such conditions be not caused by action, or inaction, of the owner or previous owner of the property, building or structure in question, and

f.

The existence of non-conforming uses of neighboring property, buildings or structures in the same districts shall not constitute reason for a request for variance.

B.

Variance cannot contradict zoning regulation. The planning commission shall not possess the power to grant a variance to permit a use of any land, building, or structure which is not permitted by this ordinance in the zone in question, or to alter the density of dwelling unit requirements in the zone in question.

C.

Variance runs with land. A variance applies to the property for which it is granted and not to the individual who applied for it. A variance also runs with the land and is transferable to any future owner of land, but it cannot be transferred by the applicant to a different site.

D.

Change from one non-conforming use to another. A non-conforming use shall not be changed to another non-conforming use without the specific approval of the planning commission, as provided herein.

1.

The planning commission shall have the power to hear and decide on applications to convert or change an existing non-conforming use to another non-conforming use, subject to the following:

a.

A written application for a change from one non-conforming use to another (including the required fee as per section 11.8 of this ordinance) and a site plan, if applicable, shall be submitted to the board;

b.

Notice of public hearing shall be given in accordance with state law and any provisions of this ordinance;

c.

The public hearing shall be held. Any person may appear in person, by agent, or by attorney;

d.

Prior to granting a change from one non-conforming use to another, the planning commission shall find that the new non-conforming use is in the same or more restrictive classification of use as the prior non-conforming use. In the determination of the same or more restrictive classification of use, the applicant shall establish and the planning commission shall find:

1.

That the new non-conforming use shall generate less vehicular traffic (automobile and truck) than the prior non-conforming use;

2.

That the new non-conforming use is of a nature which will emit less noise and air pollution than the prior non-conforming use;

3.

That the new non-conforming use will be more in character with the existing neighborhood than the prior non-conforming use, in that it is more in conformance with the adopted comprehensive plan, and also, more in conformance with the uses permitted in the zone in which the use is located, than the prior non-conforming use.

2.

Any change of non-conforming use granted by the planning commission of adjustment shall conform to the requirements of this ordinance, including, but not limited to: parking requirements, sign regulations and yard requirements, and all other pertinent ordinances of the legislative body.

3.

The planning commission shall not allow the enlargement or extension of a non-conforming use beyond the scope and area of its operation at which time its use became non-conforming.

4.

The planning commission, in granting a change of non-conforming uses, may attach such conditions thereto as it may deem necessary and proper; and the action, limitations and conditions imposed, if any, shall be in writing, directed to the applicant, with a copy to be furnished to the zoning administrator.

5.

The change of non-conforming use, as may be granted by the planning commission, applies to the property for which it is granted and not to the individual who applied and, therefore, cannot be transferred by the applicant to a different property.

6.

In the case where the change of non-conforming use has not occurred within one year after the date of granting thereof, the change of non-conforming use permit shall be null and void and reapplication to the planning commission shall have to be made.

11.65.

Conditional use permits. Conditional use permits shall not be issued without the specific approval of the planning commission, as provided herein.

1.

The planning commission shall have the power to hear and decide on applications for conditional use permits, subject to the following:

2.

A written application for a conditional use permit (including the required fee, as per section 11.8 of this ordinance) and a site plan shall be submitted to the board;

3.

Notice of public hearing shall be given in accordance with state law and any provisions of this ordinance;

4.

The public hearing shall be held. Any person may appear in person, or by agency, or by attorney;

5.

Prior to granting a conditional use permit, the planning commission shall find that the application for a conditional use permit meets all the requirements of this ordinance.

11.66.

Requests for reasonable accommodation or modification.

A person/s with a disability or a person or housing or services provider acting on behalf of an individual/s with a disability ("applicant") may request a reasonable accommodation or modification relating to the zoning ordinance. A request for reasonable accommodation or modification ("request") may include a modification or exception to the policies, services, rules, standards and practices for the siting, development, and use of housing or housing-related facilities. It is the city's policy to eliminate regulatory barriers and to provide persons with disabilities equal opportunities to use and enjoy specific dwellings of their choice within the city.

A person with a disability is a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment. A person recovering from substance abuse is considered a person with a disability under 42 U.S.C. § 3602(h).

The applicant shall address a request to the building department director ("director") or to another building department staff member, zoning official, or law enforcement officer who has communicated with the applicant regarding his or her zoning matter. The applicant may make this request orally or in writing. If requested by the applicant, or if it is apparent to a city employee or staff that assistance is needed, the director shall, in a timely manner, assist in obtaining information required by the city in filling out an application. The application shall be made by filling out a form, which the director shall provide.

The form shall indicate or include:

A.

The current zoning for the property;

B.

The name of the owner of the fee interest of the property (if other than the applicant);

C.

The reasons why the applicant requests the accommodation or modification to use and enjoy the housing. In the event that the specific individuals who are expected to reside at the property are not known to a provider in advance of making the application, the provider shall state the reasons why the accommodation or modification is needed;

D.

The specific type of accommodation or modification requested by the applicant;

E.

A notice to applicants providing that, should the information provided by the applicant include medical information or records of the proposed resident(s), including records indicating the identity, medical condition, diagnosis or medical history of the proposed resident(s), the medical information shall be treated as confidential, to the extent allowed by law, and shall not be available for public inspection unless the persons with disabilities who are the subject(s) of the information or their legal representatives specify in writing otherwise; and

F.

Any other information the applicant believes would assist in determining the reasonableness of the accommodation or modification requested.

While an application for reasonable accommodation or modification or appeal of a denial of the application is pending before the city, the city will not enforce the subject zoning ordinance against the applicant or the person(s) on whose behalf he or she applied.

The city shall acknowledge all requests for reasonable accommodation or modification, in writing, within seven days of the city's receipt of an oral or written request. The director is empowered to approve reasonable accommodation requests, based on the applicants' completion of the form specified above. The director shall approve or otherwise decide on requests within 14 days of completion of each application. If the director does not approve a request, he shall, within 14 days of completion of the application, make a written recommendation to the planning commission specifying the reasons why the request should be modified or denied. Upon receipt of the director's recommendation, the planning commission shall conduct a hearing on the request. Said hearing shall comply with public hearing conditions as stated in the comprehensive zoning law.

The applicant need provide only the information necessary for the city to evaluate the reasonable accommodation or modification request. In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary for this inquiry. To protect the confidentiality of any medical information provided by the applicant or contained in the application, the planning commission shall, to the extent allowed by law, enter into executive session to review and discuss said medical information. The non-confidential portion of the hearing shall be conducted in public. The planning commission shall issue a written decision specifying its grounds for granting, denying or modifying the application. After such hearing, the planning commission shall make its recommendation to the mayor and board of aldermen, which recommendation may be accepted or rejected by the board, or may be accepted in part and rejected in part or may be sent back to the planning commission for further hearing. The city shall provide written notice to the applicant, and any person designated by the applicant to represent the applicant in the application proceeding, of any request received by the city for disclosure of the medical information or documentation which the applicant has previously submitted to the city.

The city will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information or documentation.

The city shall provide written notification to those requesting a reasonable accommodation or modification of the decision regarding their request for accommodation or modification within 30 days of the receipt of the request. If the city denies a request, it shall include an explanation of the basis for such denial in this written notification. A request may not be denied for reasons that violate the Fair Housing Act or the Americans with Disabilities Act.

In the event that the director or the planning commission does not issue a decision as required by the time frames specified herein and in other pertinent sections of the ordinance, the application shall be decided upon by the mayor and board of aldermen.

Upon approval of the application, whether modified or not, the applicant shall be entitled to undertake said reasonable accommodation or modification, and shall be entitled to any attendant licensure by the city that is outlined in the application as approved by the mayor and board of aldermen. If a business license is required as part of the reasonable accommodation or modification, the business license official shall issue said license upon approval of the accommodation or modification.

The accommodation or modification shall be in force and effect as long as the applicant owns and/or resides in said structure. Said reasonable accommodation or modification shall be limited to the number of people availing themselves of the reasonable accommodation or modification as approved by the mayor and board of aldermen.

Nothing in this chapter requires persons with disabilities or operators of supported housing for persons with disabilities acting or operating in accordance with applicable zoning, licensing or land use laws or practices to seek reasonable accommodation or modification under this chapter.

A request for a reasonable accommodation submitted by or on behalf of residents of a group home shall not be denied solely because the group home is sited in a residential zone and is established, maintained, or supported as a for-profit or entity.

The city shall prominently display a notice at the counter in the city building department advising those with disabilities or their representatives that they may request a reasonable accommodation or modification in accordance with the procedures established in this chapter. A copy of the notice shall be available upon request.

The city shall maintain records of all oral and written requests for reasonable accommodation or modification, the city's responses thereto, and all hearings transcripts, correspondence, and all other related records.

The city shall not impose any fees or costs, or otherwise retaliate against any person who has exercised his or her right under the Fair Housing Act or the Americans with Disabilities Act to make one or more reasonable accommodation or modification requests.

Nothing in this section will require the city to expend any funds to achieve a reasonable accommodation or modification except and to the extent required by federal law.

1.

In exercising the aforementioned powers, the planning commission may, so long as such action is in conformity with the provisions of this ordinance, reverse or affirm wholly or partly, or may modify the order, requirements, decision, or determination as made by the zoning administrator, from whom the appeal is taken.

2.

A simple majority of the total membership of the planning commission, as established by regulation or agreement, shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, so long as such action is in conformity with the provisions of this ordinance; or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.

3.

The details of the decision of the planning commission shall be forwarded to the zoning administrator.

Fees to be charged for applications for rezoning and related purposes:

1.

Rezoning and use permit, a filing fee of $300.00 for the first five acres, plus an additional $30.00 for each additional acre.

2.

Planned unit development (P.U.D.), a filing fee of $500.00.

3.

Variance, a filing fee of $200.00, plus $100.00 for each additional variance request.

4.

Special exception or conditional use, a filing fee of $200.00, and a $100.00 yearly renewal fee.

5.

Home occupation permit, a fee of $25.00, and a $25.00 yearly renewal fee.

6.

Written zoning verification, a fee of $10.00.

7.

Postponements, a fee of $25.00.

8.

Use permits for commercial communication towers, a filing fee of $500.00, and a $200.00 annual renewal fee.

9.

Communication attachment permits, an application fee of $100.00.

10.

All application fees shall be payable when applications are filed, and shall be paid by certified check or money order. Fees are nonrefundable. Fractional acres shall be rounded to the next whole acre in computing fees.

11.

All legal advertising required by the processing of the application shall be paid by the petitioner.

12.

The zoning administrator shall request the approval of renewals of certain permits by the board of alderman only after payment of the fees.

13.

A fee necessitated by a postponement shall be paid before the hearing is held.