Powers and Authority

In addition to all powers and authority granted to the Mayor and City Council by general or specific law, the Mayor and City Council shall have the following powers and authority under the provisions of these Zoning Regulations.

Establishment

There is hereby reaffirmation of the creation and existence of the Red Lodge Planning Board and Red Lodge Zoning Commission to be known as the Planning Board/Zoning Commission.

Duties and Authority

The Planning Board/Zoning Commission shall have the following powers and authority under these regulations:

Establishment

Powers and Authority

As set forth by MCA 76-2-323, the BOA shall have the following powers and authority under these regulations:

Votes Needed for Board Action

A vote count of four members of the board is required to reverse any order, requirement, decision or determination of any such administrative official; to decide in favor of the applicant about any matter the person/persons may have been required to pass under ordinance; or to effect a variation in such ordinance (MCA 76-2-324).

Public Access to Board Activities

In keeping with MCA 76-2-325, all meeting conditions for the BOA will be met:

Appeals to Board of Adjustment

For matters of Municipal Zoning, any person aggrieved by an officer, department, board or bureau of the City affected by any decision of the administrative officer may take an appeal to the BOA by filing with the City a notice, in writing, to appeal within 10 days. The right to an appeal will be waived if the notice to appeal is not filed in writing to the City within 10 days. Thereafter, the BOA will hear the appeal within a reasonable period of time. The appeal must be filed and managed according to the procedures provisioned by MCA 76-2-326.

Interpret Regulations

Interpret, make day-to-day decisions and administer these Zoning Regulations.

Receive Applications, Determine Completeness

Receive applications for all permits required by these Zoning Regulations, except applications for Building Permits that are received by the Building Official, and make determinations of completeness of the submittal information.

Approve Development Permits

Review, consider and approve, approve with conditions or disapprove applications for which the terms and procedures of these Zoning Regulations assign Final Action to the Zoning Administrator. Applications for which the Zoning Administrator has authority to approve or disapprove include residential development containing one or two residential units; and new construction or a change of use of nonresidential developments of 2,000 square feet or less of gross floor area, signs, fences, walls, grading and other applications for which authority for Final Action has not been assigned to another decisionmaking body.

Recommendations

Review, consider and make recommendations to the Planning Board/Zoning Commission, Board of Adjustment and the Mayor and City Council on applications for which these decision-making bodies have duties to review and/or make final decisions.

Minor Deviations

Review, consider and approve or disapprove minor deviations to a development plan that has received final approval by a decision-making body.

Administrative Duties

Assist all decision-making bodies in setting agendas, providing proper legal notice and maintaining complete record of proceedings.

Inspections, Enforcement

Perform all necessary inspections to enforce the provisions of these regulations, conditions of approved permits and approved development agreements, and to initiate enforcement actions to remedy violations of these regulations, permits or agreements.

Legal Action

Investigate and pursue legal action pertaining to violations of these regulations or conditions of approved permits or the terms of approved development agreements.

Other Duties

Perform all other duties assigned by the terms of these regulations, deemed necessary to assist all decision-making bodies, or determined necessary or desirable by the Mayor and City Council.

Building Permits

Receive applications for Building Permits, determine acceptability and completeness of submittal information, review and approve, approve with conditions or disapprove applications for building permits pursuant to the terms and procedures of the currently adopted Building Codes and these regulations.

Zoning Ordinance

Consult with the Zoning Administrator to ensure proper compliance with these regulations on all Building Permits.

Historic Districts

Consult with the Carbon County Historic Preservation Officer to ensure compliance with historic preservation standards, where applicable.

Certificates of Occupancy

Issue Certificates of Occupancy pursuant to the terms and procedures of the currently adopted Building Codes, these regulations and conditions of the Development Agreement as accepted by the Zoning Administrator.

Pre-Application Conference Required

A pre-application conference shall be held with the Zoning Administrator prior to submission of an application for approval of residential development containing three or more dwelling units, all developments containing commercial, industrial, and other non-residential land uses, a Conditional Use Permit, Design Review, a Planned Unit Development, annexations and for amendments to the Zoning Map and text of these regulations.

Initiation of Pre-Application Conference

An owner, developer or their authorized agent shall initiate a pre-application conference with the Zoning Administrator by submitting a written request. Along with the request for the pre-application conference, the applicant shall submit the pre-application fee as approved by the City Council, general information on the proposed land use, layout, existing features of the site including topography and other information necessary to describe the character, location and magnitude of the proposed development.

Scheduling of Pre-Application Conference

Upon receipt of a request for a pre-application conference, the Zoning Administrator shall schedule the pre-application conference. The pre-application conference shall be held within 15 calendar days of receipt of the request for such a conference.

Pre-Application Conference Purpose

The purpose of the pre-application conferences is to familiarize the City officials with the general location and character of the proposed development, identify the applicable provisions of these regulations, and provide the applicant the submittal requirements for the application. The submittal requirements shall be derived from the checklist of submittal items with certain items waived or modified to reflect the size, scale and type of the proposed development. At the pre-application conference, the applicant and the Zoning Administrator shall discuss the proposed development, and based upon the information provided by the applicant, identify the provisions of these regulations that apply to the proposed development. During the subsequent review of the development plan or upon submission of more detailed information about the proposed development, additional provisions of these regulations may be identified at a later time to be applicable.

Written Summary

The Zoning Administrator shall provide the applicant a written summary of the pre-application conference within 15 calendar days of the completion of the pre-application conference.

Expiration of Pre-Application Conference

A development plan shall be based on the written summary of a pre-application conference held no more than one year previous to the plan submittal. A new pre-application conference is required before submission of a plan if more than a year has elapsed since the prior conference.

Initiation

The appropriate application and all required information for the requested permits and approvals shall be submitted to the Zoning Administrator by the owner, developer or their authorized agent.

Required Contents of Application

The submittal requirements established by the Zoning Administrator during the pre-application conference shall be submitted. Additional information may be required during review of the application if the Zoning Administrator finds the information necessary to determine compliance with these regulations.

Determination of Completeness

Within 15 calendar days of the submittal of an application, the Zoning Administrator shall determine if the application is complete. An application is complete if it contains the submittal requirements identified during the pre-application conference in sufficient completeness and detail to commence review and evaluation of the application.

Technical Review Committee

The City may establish a Technical Review Committee (TRC) and host Committee meetings as needed to facilitate the technical review and evaluation of applications for permits. The Zoning Administrator may schedule a complete development application for a TRC meeting. Said meeting shall occur within 30 calendar days of the Determination of Completeness. The applicant is provided an opportunity to meet with representatives of applicable utilities and governmental agencies in this meeting to receive comments on the technical elements of the application.

Written Summary

Within 15 calendar days following the TRC meeting the Zoning Administrator shall provide the applicant a written summary of the TRC comments and a description of any revisions to the plans that are necessary to comply with the technical requirements of the applicable ordinances and regulations.

Revised Submission

The applicant shall submit a revised application that incorporates the changes necessary to comply with the technical requirements of the applicable ordinances and regulations.

Additional TRC Meetings

Extensive revisions resulting from TRC comments or by voluntary action of the applicant may require additional TRC meetings to review the subsequent submission, prior to the Zoning Administrator scheduling the application for a Planning Board/Zoning Commission meeting, or rendering a decision for which the Zoning Administrator has authority for Final Action.

Authority for Final Action

The review and decisions on applications for which the Zoning Administrator has authority of Final Action shall occur pursuant to the standards of this section.

Reclassify Application

If the Zoning Administrator determines that a proposed development, for which the Administrator has authority for Final Action, may have a significant impact on the surrounding neighborhood or the community, the Zoning Administrator may reclassify the application to require review and approval by the Planning Board/Zoning Commission. When an application is reclassified, the authority for Final Action is transferred to the Planning Board/Zoning Commission and the administrative procedures that are applicable to the Planning Board/Zoning Commission's actions shall apply.

Staff Review, Staff Report and Decision

After determining an application is complete, the Zoning Administrator shall conduct the technical review pursuant to Section 12.4.9.46, Technical Review, above, review the application for compliance with these regulations and other applicable ordinances and regulations, and prepare a staff report that describes the conclusions of the review. Based upon the conclusions in the staff report the Zoning Administrator approves, approves with conditions or disapproves the application. A copy of the staff report shall be provided to the applicant.

Timing of Decisions

Review and final decision by the Zoning Administrator shall be made within 15 calendar days of the TRC meeting, or within 15 calendar days of a plan resubmission that is based upon the TRC meeting. If additional TRC meetings are required, a decision shall be made within 15 calendar days of the final TRC meeting or plan resubmission that is based upon the final TRC meeting.

Issuance of Permit, Corrected Application

If the Zoning Administrator finds the application complies with the applicable standards of these regulations and all other applicable ordinances and regulations, the permit shall be issued. If it is determined that the application does not comply with the applicable standards of these regulations or other ordinances and regulations, the applicant shall be notified in writing of the deficiencies and be provided 60 calendar days from the written notice to submit a corrected application. If a corrected application is received, the Zoning Administrator shall approve, approve with conditions or disapprove the corrected application based on the applicable standards of these regulations and other applicable ordinances and regulations. If the application is not re-submitted within 60 calendar days from said written notice, the application shall be considered withdrawn.

Public Notice after Decision

The Zoning Administrator shall submit a Record of Decision on a City website or at City Hall following a final decision. Any aggrieved party may appeal the Zoning Administrator's decision within 30 calendar days of the date the notice appeared in the Carbon County News. Decisions on applications for single-family houses, sign permits, and grading permits are exempt from this requirement.

Expiration of Permit

A permit shall expire on the one year anniversary date of the permit issuance, unless otherwise noted in the development approval, if the next step in the normal development process is not commenced. The next step in the normal development process includes obtaining a building permit, grading permit, or commencement of the use if no further permit is required.

Authority for Final Action

The review and decisions on applications for which the Planning Board/Zoning Commission or the Board of Adjustment have authority of Final Action shall occur pursuant to the standards of this section, except appeals of prior decisions. See Section 12.4.9.83, Appeals, for the applicable procedure to consider appeals.

Zoning Administrator Recommendation

After an application has been reviewed by the TRC the Zoning Administrator shall prepare a staff report that evaluates the application for compliance with these regulations. The Zoning Administrator shall present in the staff report a recommendation for approval, approval with conditions or denial, based upon the standards and procedures of these regulations. The staff report shall be made available to the applicant, the public and the Planning Board/Zoning Commission or Board of Adjustment at least seven calendar days prior to the scheduled public meeting.

Scheduling of Public Hearing

An application for which a public hearing is required shall be scheduled for meeting of the Planning Board/Zoning Commission or Board of Adjustment within 120 calendar days of an application being determined by the Zoning Administrator to be complete.

Public Hearings, Public Notice

The Planning Board/Zoning Commission or Board of Adjustment, whichever is applicable, shall conduct a public hearing on the application pursuant to the procedures of Section 12.4.9.50, Public Hearing Procedure, and a written notice of the public hearing shall be mailed by first class mail to owners of all land that is adjacent to or adjoining to the site for which the application is submitted pursuant to Section 12.4.9.70, Public Notice.

Decision

Within 30 calendar days of the close of the public hearing, the Planning Board/Zoning Commission or Board of Adjustment, whichever is applicable, shall approve, approve with conditions or deny the application based upon the standards and procedures of these regulations. Written notice of the decision containing the required findings of fact and conclusions reached by the Board shall be provided to the applicant within 15 calendar days of the decision. Written notice of a denial shall specify the reasons for denial.

Issuance of Permit

If the application is approved, the Zoning Administrator shall issue a permit at the first practical opportunity that describes any conditions of approval established by the Board and the expiration date if no action is pursued by the applicant.

Expiration of a Permit

A permit shall expire on the one year anniversary date of the permit issuance, unless otherwise noted in the development approval, if the next step in the normal development process is not commenced, unless the Zoning Administrator issues an extension as noted below. The next step in the normal development process includes obtaining a building permit, grading permit, or commencement of the use if no further permit is required.

Administrative Time Extension

It is the intent of this section to allow for an extension of time to previously approved permits that are ready to expire so as to avoid the unnecessary expense of time and expense to the applicant. The Zoning Administrator shall review the applicant's request subject to the following standards:

Procedure

The Board of Adjustment (BOA) is assigned authority for Final Action on Variance applications. These applications are reviewed and decided pursuant to procedures in Section 12.4.9.48, Procedures for Decisions by Planning Board/Zoning Commission or Board of Adjustment.

Standards

Approval of a Variance shall require the BOA making each of the following findings of fact:

Conditions

Conditions or restrictions may be placed on the approval of a Variance.

Expiration

A Variance shall expire one year from the date of approval if the next logical step in the development process is not commenced. The next step in the development process includes, but is not limited to, applying for a building permit, commencing the use or applying for a Development Permit.

Authority of Final Action

The Planning Board/Zoning Commission has authority for Final Action on all applications for Design Review Approval and for approval of a Record of Decision required by Section 12.4.3.173, Commercial Historic Overlay Zoning District (CHOZD), Section 12.4.3.100, Central Business Transition Zoning District (C-1), Section 12.4.3.110, Commercial Mixed Use Zoning District (C-2), Sections 12.4.3.120 and 12.4.3.130, Commercial Entrance Zoning District (C-3), and Section 12.4.3.140, Central Business Zoning District (C-4), shall be reviewed by the procedures of this subsection.

Procedure

The following procedure shall apply to applications for Design Review and Certificates of Appropriateness:

Concurrent Review, Additional Approvals

Review of applications pursuant to this section shall occur concurrently with review of any additional applications that may be required by these regulations. Review and approval pursuant to this section shall not infer or compel approval of any other application that may be required by these Zoning Regulations.

Initiation

An appeal is initiated by the aggrieved person filing a written appeal with the Zoning Administrator within 30 calendar days of the decision being appealed or within 30 calendar days of the date the notice appeared in the Carbon County News, whichever is applicable.

Contents of Appeal

The appeal shall include a statement describing the decision prompting the appeal, the date of that decision, the basis for the appeal, and all supporting materials related to the appeal.

Scheduling of Hearing

The BOA shall schedule a hearing on the appeal within 30 calendar days of receipt of the written notice of appeal. This deadline may be extended by the BOA if additional time is required to compile information that is needed to evaluate the appeal.

Produce Record

The Zoning Administrator shall organize and provide to the BOA the record pertaining to the decision being appealed.

Hearing

The appeal hearing shall be conducted in accordance with the Montana Administrative Procedure Act.

Decision

Within 30 calendar days of the close of the hearing on the appeal, the BOA shall uphold, uphold with conditions or overturn the decision being appealed. In rendering the decision on the appeal, the BOA shall have the authority of the decision-maker whose decision is being appealed.