This chapter shall be enforced by the town zoning administrator. No building permit, business or occupational use license shall be issued except in compliance with the provisions of this chapter and without the approval of the zoning administrator.

(Res. No. 168, § 16.100.040, 3-26-2001; Ord. No. 154, § 2, 1-8-2015)

(a)

The town council shall, by resolution, establish a schedule of fees, charges and expenses pertaining to this chapter.

(b)

No public hearing shall be scheduled before the planning and zoning board, town council or board of adjustments, no subdivision reviewed, and no zoning change, conditional use, or variance issued unless, or until, such applicable fees, charges or expenses have been paid in full.

(Res. No. 168, § 16.110.070, 3-26-2001; Ord. of 5-12-2003; Ord. No. 149, § 1, 5-22-2014; Ord. No. 154, § 2, 1-8-2015)

Editor's note— Ord. No. 154, § 2, adopted January 8, 2015, repealed § 10-28, and renumbered § 10-29 as 10-28. Former § 10-28 pertained to building official authority and was derived from Res. No. 168, § 16.110.010, adopted March 26, 2001 and Ord. of 1-8-2007(1).

(a)

Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with the grant of variances or conditional uses or any of the requirements for conditions imposed by the planning and zoning board and/or the town shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned not more than six months, or both, and in addition shall pay all costs and expenses involved in the case. Each day that violation continues shall be considered a separate offense and punishable as such.

(b)

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

(c)

Nothing herein contained shall prevent the town from taking such other lawful action as is necessary to prevent or remedy any violation.

(Res. No. 168, § 16.120.020, 3-26-2001; Ord. No. 154, § 2, 1-8-2015)

Editor's note— Ord. No. 154, § 3, adopted January 8, 2015, repealed § 10-47, and renumbered § 10-48 as 10-47. Former § 10-47 pertained to complaints regarding violations and was derived from Res. No. 168, § 16.120.010, adopted March 26, 2001.

(a)

The town council may, from time to time, amend, supplement or change this chapter and the regulation of maps, appertaining thereto. An amendment, supplement or change is to be initiated by the town council or the planning and zoning board.

(b)

Whenever the property owner of any land or building desires a reclassification of his property or change in regulations applicable thereto, he may file with the planning and zoning board using forms provided by the town for this purpose, a petition duly signed and verified by him requesting an amendment or change of regulations prescribed for such property.

(Res. No. 168, § 16.100.010, 3-26-2001; Ord. No. 154, § 2, 1-8-2015)

Upon initiation of an amendment by the town council or upon petition from a property owner, the planning and zoning board shall cause to be made such investigation of facts bearing on such initiation or petition as will provide necessary information to ensure that the action of each such petition is consistent with the intent and purpose of this chapter.

(Res. No. 168, § 16.100.020, 3-26-2001; Ord. of 1-8-2007(1); Ord. No. 154, § 2, 1-8-2015)

(a)

The town planning and zoning board shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard.

(b)

The town clerk shall give public notice of all public hearings to be held before either the planning and zoning board or the town council as provided in MCA 7-1-2121 and MCA 76-2-303.

(c)

Said notice shall specify the number, date, time and place of all scheduled public hearings. It shall state the name and address of the applicant, the name and address of the owner of record of the property, a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road intersection so that the property can be easily identified, and a brief statement of the nature of the hearing.

(d)

In addition to such publication, the town clerk shall post same notice of public hearing on or before the date of the first published notice, on the site in question as well as on one or more additional locations, visible to the general public, within the affected area as deemed appropriate by the town clerk or the zoning administrator.

(e)

Said notice of public hearings shall be made available to all newspapers, radio and television stations serving the jurisdiction for use as a public service announcement.

(f)

Said notice shall be sent by mail, on or before the date of the first published notice, to the applicant and owners of record (or their legal representative) of the subject property as well as to the owners of record of all parcels within 500 feet of the perimeter of the subject property. The number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in determining the 500 feet requirements. Mailed notice shall also provide a map of the area in question so as to indicate the project's general location and proximity to surrounding properties.

(g)

If, for some reason, a required property owner fails to receive mail notification of a scheduled public hearing, or if one or more of the required posted signs in the area or on the site for which the public hearing is being held is inadvertently removed through no fault of the town, this in no way shall invalidate the legal notice requirement of the scheduled public hearing.

(h)

Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed variance as determined by the building inspector or planning director.

(i)

After such hearing or hearings, the planning and zoning board will make reports and recommendations of said petition or initiation to the town council.

(j)

When the planning and zoning board has recommended an amendment or supplement to this chapter, including a change in the district boundaries, an additional public hearing shall be held by the town council, after public notice, for the purpose of acting upon the ordinance adopting the amendment or supplement. In case, however, of protest against a regulation, restriction or boundary change signed by the owners of 25 percent or more, either of the area of the lots included in such proposed change or of those lots within 150 feet of those lots included in a proposed change, such amendment shall not become effective except upon a favorable vote of two-thirds of the present and voting members of the town council.

(Res. No. 168, § 16.100.030, 3-26-2001; Ord. No. 154, § 2, 1-8-2015)

The board of adjustment is established to act on variance applications as detailed in this division. Said board shall consist of the mayor and town council members.

(Res. No. 168, § 16.90.010, 3-26-2001; Ord. No. 154, § 2, 1-8-2015)

The staff of the town shall be at the disposal of the board to receive and process applications of appeal and to give advice to said council.

(Res. No. 168, § 16.90.020, 3-26-2001; Ord. No. 154, § 2, 1-8-2015)

The board shall set its operating rules in accordance with MCA 76-2-323 and shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto.

(2)

To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.

(3)

More specifically, the board may, after public notice and hearing, approve, approve with conditions or deny any request to modify the following requirements of this chapter:

a.

Setback requirements;

b.

Yard requirements;

c.

Area requirements;

d.

Height requirements;

e.

Parking requirements;

f.

Loading requirements;

g.

Expansion or creation of nonconforming uses of land and structures.

(4)

The concurring vote of four members of the board shall be necessary to reverse any order, requirements, decisions or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation of this chapter.

(Res. No. 168, § 16.90.030, 3-26-2001; Ord. No. 154, § 2, 1-8-2015)

(a)

Written application for appeals or modifications (variance) shall be filed in the office of the town clerk. Notwithstanding any other provisions of this chapter, a standard fee in the amount established in accordance with section 10-28 shall be paid to the town upon filing of each application for the purpose of defraying expenses incidental to proceedings. No application will be regarded as having been filed until such fee has been paid.

(b)

The board shall cause to be made such investigation of facts bearing on the application as will provide necessary information to ensure that the action on each such application is consistent with the intent and purpose of this chapter. During time of appeal, all construction shall cease and shall not recommence until approved by the board of adjustment.

(Res. No. 168, § 16.90.040, 3-26-2001; Ord. of 5-12-2003; Ord. No. 154, § 2, 1-8-2015)

(a)

There shall be a hearing for each application of appeal or modification. Said hearing shall be held at an appointed time and place. Testimony shall be taken by the board from persons interested in said application and from the town planning and zoning board.

(b)

The town clerk shall give public notice of all public hearings to be held before the town board of adjustment as provided in MCA 7-1-2121.

(c)

Said notice shall specify the number, date, time and place of all scheduled public hearings. It shall state the name and address of the applicant, the name and address of the owner of record of the property, a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road intersection so that the property can be easily identified, and a brief statement of the nature of the hearing.

(d)

In addition to such publication, the town clerk shall post same notice of public hearing on or before the date of the first published notice on the site in question as well as on one or more additional locations, visible to the general public, within the affected area as deemed appropriate by the town clerk or zoning administrator.

(e)

Notice of public hearings shall be made available to all newspapers, radio and television stations serving the jurisdiction for use as a public service announcement.

(f)

Notice shall also be sent by mail on or before the date of the first published notice to the applicant and owners of record or their legal representative of the subject property, as well as to the owners of record of all parcels within 500 feet of the perimeter of the subject property. The number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in determining the 500-feet requirements. Mailed notice shall also provide a map of the area in question so as to indicate the project's general location and proximity to surrounding properties.

(g)

If, for some reason, a required property owner fails to receive mail notification of a scheduled public hearing, or if one or more of the required posted signs in the area or on the site for which the public hearing is being held is inadvertently removed through no fault of the town, this in no way shall invalidate the legal notice requirement of the scheduled public hearing.

(h)

Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed variance as determined by the town clerk or the zoning administrator.

(Res. No. 168, § 16.90.050, 3-26-2001; Ord. No. 154, § 2, 1-8-2015)

In approving applications of appeal or modifications, the board shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall find as follows:

(1)

Such modifications will not be inconsistent with the intent and purpose of this chapter and/or any adopted master plan.

(2)

That strict compliance with the provisions of this chapter would create unnecessary hardship or unreasonable situation on a particular property due to unusual or extreme topography, unusual shape of the property or the prevalence of similar conditions in the immediate vicinity of the property.

(3)

That such modifications will have minimal adverse effect on abutting properties or the permitted uses thereof.

(4)

That the lawful conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare, which provisions may include:

a.

A time period within which the proposed structure will be erected.

b.

Required landscaping and maintenance thereof.

c.

Requiring the surfacing and marking of off-street parking and loading areas.

d.

Any other conditions as will make possible the development of the town in an orderly and efficient manner and in conformity with the intent and purpose set forth in this section.

(Res. No. 168, § 16.90.060, 3-26-2001; Ord. No. 154, § 2, 1-8-2015)

Any approval under this section shall be subject to the terms of the conditions designated in connection therein.

(Res. No. 168, § 16.90.070, 3-26-2001; Ord. No. 154, § 2, 1-8-2015)

Any person or persons, jointly or severally aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board.

(Res. No. 168, § 16.90.080, 3-26-2001; Ord. No. 154, § 2, 1-8-2015)

The decision of the board of adjustment shall be final as provided in section 10-124, and if a building permit or land use permit is not obtained for the subject property within six months from the day of the board's decision, the variance shall be automatically cancelled and become null and void.

(Res. No. 168, § 16.90.090, 3-26-2001; Ord. No. 154, § 2, 1-8-2015)