Townsend City Zoning Code

13.16 PLAN

REVIEW

13.16.010 Introduction

All development proposals within the City will be subject to plan review and approval. Depending on the complexity of development and status of proposed use in the applicable zoning district, one of the following will be required as specified in this chapter:
1. Zoning Permit.
  1. A Zoning Permit must be obtained from the City of Townsend before any building, structure or land may be used or occupied, or before any building or structure permitted under this Ordinance may be erected, placed, moved, expanded, or structurally altered. A Zoning Permit may be issued only when the proposed building, structure, parcel, or use will meet the requirements of this Zoning Ordinance.
2. Conditional Use Permits.
  1. A Conditional Use Permit must be obtained before those uses specified as Conditional Uses within certain zoning districts may be established. A Conditional Use Permit may be issued only when the proposed use will meet both the requirements of the particular district involved and the conditions specified for the use.
Special development proposals (e.g., CUPs, variances, etc.) require other information to be submitted in conjunction with sketch plans or site plans and are subject to requirements specific to the type of proposal. These additional submittal requirements and review procedures are outlined in this title.
The requirements of this Zoning Ordinance operate in addition to those requirements established under other City Municipal Codes; except that where conflicts with other City Municipal Codes may occur the more restrictive requirements shall govern.
Any use, category of use, or accessory use provided for in this ordinance which is in conflict with any other local, state or federal laws is hereby prohibited.
This chapter is provided to meet the purposes of TMC 13.04.040 and all other relevant portions of this title.
Applications subject to this chapter shall be reviewed under the authority established by this title.

13.16.020 Zoning Permit Review

Zoning Permit Review Procedures and Criteria.
1. A Zoning Permit must be obtained from the City of Townsend before any building, other structure, or land may be used or occupied, or before any building or other structure permitted under this Ordinance may be erected, placed, moved, expanded, or structurally altered. The City of Townsend may issue a Zoning Permit only when the proposed building, structure, parcel, or use will meet the requirements of this zoning Ordinance.
2. The City of Townsend shall review the application to ensure the required information is submitted and is complete. When the application and submitted information are complete, the City of Townsend shall determine whether the proposed building, structure, alteration, or use is permitted at the proposed location, and whether the proposal will comply with the requirements of the applicable district and these regulations.
3. Unless a variance is explicitly sought and granted in association with a zoning permit, all standards of this title apply whether explicitly mentioned in the record of the review or not. An omission or oversight of a nonconformity with the standards of this title in the site plan shall not constitute approval of such nonconformance. Any nonconformance which was not the subject of an explicitly approved variance may be required to be cured at such time the City becomes aware of the nonconforming condition’s existence.
4. Should the City of Townsend find that the proposal is permitted in the applicable district and will conform to all requirements, The City shall issue the applicant a zoning permit.
5. Should the City of Townsend find that the proposal either is not permitted in the applicable district or will not conform to all requirements of this Ordinance, The City shall deny the application and state in writing that the application is denied and explain the reasons for denial. The statement accompanied by one copy of the application shall be sent to the applicant.
6. Construction, installation, alteration, placement, or use must comply with the plans approved by the City of Townsend.
7. A zoning permit shall be in effect for one year from the date of approval.
8. Zoning permit submittals shall contain the following required items:
  1. Application form.
  2. Site plan, no larger than 11x17 sheet size containing the following:
    1. Site boundaries/property lines, with accurate dimensions.
    2. Streets and alley frontages with names and easements.
    3. Location of all existing and proposed structures, including decks and porches, with distances to the nearest foot between buildings and from buildings to property lines with accurate building area dimensions; and
    4. Off -street parking areas.
  3. Floor plans, including garage, basement, and all finished and unfinished spaces.
  4. Building elevations, if available.
  5. Any plans, sketches, pictures, specifications, and other data that will clearly express any proposed building alterations or additions.
  6. Length of time since current or previous use.
  7. Existing and proposed uses.
  8. The application shall include such other information as may be required by the City of Townsend, the number of families, dwelling units, or rental units proposed; conditions existing on the lot; and such other matters as may be necessary to determine conformance with this Ordinance.
9. The City of Townsend decision may be appealed filing a notice of appeal to the City Clerk for the City of Townsend, within 4 days after the date of decision, by following the procedures of TMC 13.36, Townsend Zoning Ordinance.

13.16.030 Conditional Use Permits Review

Purpose. The purpose of conditional use permits is to provide for specific uses, other than those specifically permitted in each district, which may be appropriate in the district under certain safeguards or conditions. The conditional use permitting process is intended to provide a detailed and comprehensive review of proposed developments that potentially could have significant adverse impacts on the community.
Conditional Use Permit Requirements.
1. No structure or land may be used for any purpose in any district where the use is not permitted unless the use is listed as a conditional use within that district and the approval for the use is obtained through these procedures.
2. Conditional uses and the required conditions are listed as part of the requirements for each district.
3. Conditional uses also must comply with any additional conditions prescribed by the Zoning Commission relating to the following:
  1. Adequate ingress and egress to property and proposed structures with particular concern for automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency.
  2. Adequate off-street parking and loading areas, where required, with particular attention to access, traffic flow and vehicular and pedestrian safety.
  3. Location of garbage containers and garbage pickup with respect to traffic flow and access, odor, and vehicular and pedestrian safety.
  4. Availability and compatibility of utilities in suitable locations.
  5. Adequate screening and buffering, with attention to type, dimensions, and character.
  6. Signs, with attention to preventing glare and promoting traffic safety and harmony with adjacent properties.
  7. Required yards and open space.
  8. General compatibility with adjacent and other properties.
Procedures for Conditional Use Permits. The following procedures must be followed before the Zoning Commission may grant a Conditional Use Permit:
1. The applicant must submit an accurate and complete written application for a conditional use to the Zoning Commission through the City of Townsend. All applications for conditional use permits must be accompanied by plans drawn to approximate scale, showing the approximate dimensions and shape of the lot to be built upon; the approximate sizes and locations of buildings already existing on the lot, if any; the location and dimensions of the proposed buildings or alterations; and information which clearly states how the conditions for the use will be met.
2. The application must include any other information as may be required by the City of Townsend, including descriptions of proposed buildings and alterations; existing or proposed uses of land and buildings; the number of families, dwelling units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this ordinance.
3. Notice shall be published at least 7 days in advance of a public hearing before the Zoning Commission. The owner of the property for which a conditional use is sought, or his/her agent shall be notified of the hearing by mail.
4. At the public hearing, any party may appear in person, or through an agent or attorney.
5. Before granting a conditional use permit, the Zoning Commission shall make a written finding that the proposed use will comply with the specific conditions governing the use and the other requirements of this Ordinance, and that the conditional use will not adversely affect the character of the district.
6. Where the proposed conditional use is subject to review as a subdivision under the Montana Subdivision and Platting Act (76-3-101 et seq., MCA), the Zoning Commission and Planning Board shall hold joint and concurrent review, including a joint public hearing(s). Notice of each hearing shall be given in the manner prescribed by this Ordinance and the municipality's subdivision regulations.
7. The Zoning Commission shall respond with an approval or disapproval within 45 days of receipt of the application.
Applications for conditional use permits may be approved, conditionally approved, or denied by motion of the Zoning Commission. If an application is denied, the denial shall constitute a determination that the applicant has not shown that the conditions required for approval do exist.
The applicant shall be notified in writing of the action taken by the Zoning Commission within ten working days of its action. If the conditional use permit has been granted the notification shall include any conditions, automatic termination date, period of review or other requirements. If the conditional use permit has been granted, the permit shall be issued upon the signature of the City staff after completion of all conditions and final site plan.
Conditions of Approval.
1. Regulation of the development of land, and the attachment of reasonable conditions to land developed, or a use undertaken, is an exercise of valid police power delegated by the State of Montana to the City. Persons undertaking the development or use of land have the duty of complying with reasonable conditions for design, dedication, improvement, and restrictive use of the land so as to conform to the physical and economic development of the City, and to the safety and general welfare of the future lot owners and of the community at large. Such conditions may require compliance with more than the minimum standards established by this title.
2. The Zoning Commission shall, in addition to all other conditions, impose the following general conditions upon every conditional use permit granted:
  1. That the right to a use shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and
  2. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder’s Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use.
3. Conditions of approval may not be added after final action to a proposed development unless:
  1. The conditions are necessary to correct inaccurate or incomplete information provided with an application, which error is discovered after the original approval action; and
  2. The project is not completed within the time period provided in the approval or by this title.
    1. However, should the owner seek material modifications (e.g., changes to the intent, nature, or scope of a development, or necessary improvements) to a previously approved development or condition of approval, the entire application shall be considered to be again opened for review and additional conditions may be applied. Modifications of conditions of approval shall be reviewed through the same process as the original application. Final action includes the resolution of any appeals.
4. Mandatory compliance with the explicit terms of this title does not constitute conditions of approval and is not affected by the limitations of this section.

13.16.040 Building Permits

Based upon the approved zoning permit or conditional use permit, and after any appeals have been resolved, a building permit for the site may be requested and may be granted. No building permit may be granted on the basis of an approved zoning permit or conditional use permit whose approval has expired.

13.16.050 Amendments To Zoning Permits

It is the intent of this section to assure that issues of community concern are addressed during the redevelopment, reuse or change in use of existing facilities in the community. Specific areas of community concern include public safety, mitigation of off-site environmental impacts and site character in relation to surroundings. The following procedures for amendments to approved plans, reuse of existing facilities and further development of sites assure that these concerns are adequately and expeditiously addressed.
Any amendment to or modification of a zoning permit approved under this title shall be submitted to the City of Townsend for review and approval. Proposals for further development, reuse or change in use of sites developed pursuant to this title shall also be reviewed as an amendment to an approved plan. All amendments shall be shown on a revised plan drawing. Amendments to approved plans shall be reviewed and approved by the City staff upon determining that the amended plan is in substantial compliance with the originally approved plan. If it is determined that the amended plan is not in substantial compliance with the originally approved plan, the application shall be resubmitted as a new application and shall be subject to all standards and review and approval provisions of this title.

Townsend City Zoning Code

13.16 PLAN

REVIEW

13.16.010 Introduction

All development proposals within the City will be subject to plan review and approval. Depending on the complexity of development and status of proposed use in the applicable zoning district, one of the following will be required as specified in this chapter:
1. Zoning Permit.
  1. A Zoning Permit must be obtained from the City of Townsend before any building, structure or land may be used or occupied, or before any building or structure permitted under this Ordinance may be erected, placed, moved, expanded, or structurally altered. A Zoning Permit may be issued only when the proposed building, structure, parcel, or use will meet the requirements of this Zoning Ordinance.
2. Conditional Use Permits.
  1. A Conditional Use Permit must be obtained before those uses specified as Conditional Uses within certain zoning districts may be established. A Conditional Use Permit may be issued only when the proposed use will meet both the requirements of the particular district involved and the conditions specified for the use.
Special development proposals (e.g., CUPs, variances, etc.) require other information to be submitted in conjunction with sketch plans or site plans and are subject to requirements specific to the type of proposal. These additional submittal requirements and review procedures are outlined in this title.
The requirements of this Zoning Ordinance operate in addition to those requirements established under other City Municipal Codes; except that where conflicts with other City Municipal Codes may occur the more restrictive requirements shall govern.
Any use, category of use, or accessory use provided for in this ordinance which is in conflict with any other local, state or federal laws is hereby prohibited.
This chapter is provided to meet the purposes of TMC 13.04.040 and all other relevant portions of this title.
Applications subject to this chapter shall be reviewed under the authority established by this title.

13.16.020 Zoning Permit Review

Zoning Permit Review Procedures and Criteria.
1. A Zoning Permit must be obtained from the City of Townsend before any building, other structure, or land may be used or occupied, or before any building or other structure permitted under this Ordinance may be erected, placed, moved, expanded, or structurally altered. The City of Townsend may issue a Zoning Permit only when the proposed building, structure, parcel, or use will meet the requirements of this zoning Ordinance.
2. The City of Townsend shall review the application to ensure the required information is submitted and is complete. When the application and submitted information are complete, the City of Townsend shall determine whether the proposed building, structure, alteration, or use is permitted at the proposed location, and whether the proposal will comply with the requirements of the applicable district and these regulations.
3. Unless a variance is explicitly sought and granted in association with a zoning permit, all standards of this title apply whether explicitly mentioned in the record of the review or not. An omission or oversight of a nonconformity with the standards of this title in the site plan shall not constitute approval of such nonconformance. Any nonconformance which was not the subject of an explicitly approved variance may be required to be cured at such time the City becomes aware of the nonconforming condition’s existence.
4. Should the City of Townsend find that the proposal is permitted in the applicable district and will conform to all requirements, The City shall issue the applicant a zoning permit.
5. Should the City of Townsend find that the proposal either is not permitted in the applicable district or will not conform to all requirements of this Ordinance, The City shall deny the application and state in writing that the application is denied and explain the reasons for denial. The statement accompanied by one copy of the application shall be sent to the applicant.
6. Construction, installation, alteration, placement, or use must comply with the plans approved by the City of Townsend.
7. A zoning permit shall be in effect for one year from the date of approval.
8. Zoning permit submittals shall contain the following required items:
  1. Application form.
  2. Site plan, no larger than 11x17 sheet size containing the following:
    1. Site boundaries/property lines, with accurate dimensions.
    2. Streets and alley frontages with names and easements.
    3. Location of all existing and proposed structures, including decks and porches, with distances to the nearest foot between buildings and from buildings to property lines with accurate building area dimensions; and
    4. Off -street parking areas.
  3. Floor plans, including garage, basement, and all finished and unfinished spaces.
  4. Building elevations, if available.
  5. Any plans, sketches, pictures, specifications, and other data that will clearly express any proposed building alterations or additions.
  6. Length of time since current or previous use.
  7. Existing and proposed uses.
  8. The application shall include such other information as may be required by the City of Townsend, the number of families, dwelling units, or rental units proposed; conditions existing on the lot; and such other matters as may be necessary to determine conformance with this Ordinance.
9. The City of Townsend decision may be appealed filing a notice of appeal to the City Clerk for the City of Townsend, within 4 days after the date of decision, by following the procedures of TMC 13.36, Townsend Zoning Ordinance.

13.16.030 Conditional Use Permits Review

Purpose. The purpose of conditional use permits is to provide for specific uses, other than those specifically permitted in each district, which may be appropriate in the district under certain safeguards or conditions. The conditional use permitting process is intended to provide a detailed and comprehensive review of proposed developments that potentially could have significant adverse impacts on the community.
Conditional Use Permit Requirements.
1. No structure or land may be used for any purpose in any district where the use is not permitted unless the use is listed as a conditional use within that district and the approval for the use is obtained through these procedures.
2. Conditional uses and the required conditions are listed as part of the requirements for each district.
3. Conditional uses also must comply with any additional conditions prescribed by the Zoning Commission relating to the following:
  1. Adequate ingress and egress to property and proposed structures with particular concern for automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency.
  2. Adequate off-street parking and loading areas, where required, with particular attention to access, traffic flow and vehicular and pedestrian safety.
  3. Location of garbage containers and garbage pickup with respect to traffic flow and access, odor, and vehicular and pedestrian safety.
  4. Availability and compatibility of utilities in suitable locations.
  5. Adequate screening and buffering, with attention to type, dimensions, and character.
  6. Signs, with attention to preventing glare and promoting traffic safety and harmony with adjacent properties.
  7. Required yards and open space.
  8. General compatibility with adjacent and other properties.
Procedures for Conditional Use Permits. The following procedures must be followed before the Zoning Commission may grant a Conditional Use Permit:
1. The applicant must submit an accurate and complete written application for a conditional use to the Zoning Commission through the City of Townsend. All applications for conditional use permits must be accompanied by plans drawn to approximate scale, showing the approximate dimensions and shape of the lot to be built upon; the approximate sizes and locations of buildings already existing on the lot, if any; the location and dimensions of the proposed buildings or alterations; and information which clearly states how the conditions for the use will be met.
2. The application must include any other information as may be required by the City of Townsend, including descriptions of proposed buildings and alterations; existing or proposed uses of land and buildings; the number of families, dwelling units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this ordinance.
3. Notice shall be published at least 7 days in advance of a public hearing before the Zoning Commission. The owner of the property for which a conditional use is sought, or his/her agent shall be notified of the hearing by mail.
4. At the public hearing, any party may appear in person, or through an agent or attorney.
5. Before granting a conditional use permit, the Zoning Commission shall make a written finding that the proposed use will comply with the specific conditions governing the use and the other requirements of this Ordinance, and that the conditional use will not adversely affect the character of the district.
6. Where the proposed conditional use is subject to review as a subdivision under the Montana Subdivision and Platting Act (76-3-101 et seq., MCA), the Zoning Commission and Planning Board shall hold joint and concurrent review, including a joint public hearing(s). Notice of each hearing shall be given in the manner prescribed by this Ordinance and the municipality's subdivision regulations.
7. The Zoning Commission shall respond with an approval or disapproval within 45 days of receipt of the application.
Applications for conditional use permits may be approved, conditionally approved, or denied by motion of the Zoning Commission. If an application is denied, the denial shall constitute a determination that the applicant has not shown that the conditions required for approval do exist.
The applicant shall be notified in writing of the action taken by the Zoning Commission within ten working days of its action. If the conditional use permit has been granted the notification shall include any conditions, automatic termination date, period of review or other requirements. If the conditional use permit has been granted, the permit shall be issued upon the signature of the City staff after completion of all conditions and final site plan.
Conditions of Approval.
1. Regulation of the development of land, and the attachment of reasonable conditions to land developed, or a use undertaken, is an exercise of valid police power delegated by the State of Montana to the City. Persons undertaking the development or use of land have the duty of complying with reasonable conditions for design, dedication, improvement, and restrictive use of the land so as to conform to the physical and economic development of the City, and to the safety and general welfare of the future lot owners and of the community at large. Such conditions may require compliance with more than the minimum standards established by this title.
2. The Zoning Commission shall, in addition to all other conditions, impose the following general conditions upon every conditional use permit granted:
  1. That the right to a use shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and
  2. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder’s Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use.
3. Conditions of approval may not be added after final action to a proposed development unless:
  1. The conditions are necessary to correct inaccurate or incomplete information provided with an application, which error is discovered after the original approval action; and
  2. The project is not completed within the time period provided in the approval or by this title.
    1. However, should the owner seek material modifications (e.g., changes to the intent, nature, or scope of a development, or necessary improvements) to a previously approved development or condition of approval, the entire application shall be considered to be again opened for review and additional conditions may be applied. Modifications of conditions of approval shall be reviewed through the same process as the original application. Final action includes the resolution of any appeals.
4. Mandatory compliance with the explicit terms of this title does not constitute conditions of approval and is not affected by the limitations of this section.

13.16.040 Building Permits

Based upon the approved zoning permit or conditional use permit, and after any appeals have been resolved, a building permit for the site may be requested and may be granted. No building permit may be granted on the basis of an approved zoning permit or conditional use permit whose approval has expired.

13.16.050 Amendments To Zoning Permits

It is the intent of this section to assure that issues of community concern are addressed during the redevelopment, reuse or change in use of existing facilities in the community. Specific areas of community concern include public safety, mitigation of off-site environmental impacts and site character in relation to surroundings. The following procedures for amendments to approved plans, reuse of existing facilities and further development of sites assure that these concerns are adequately and expeditiously addressed.
Any amendment to or modification of a zoning permit approved under this title shall be submitted to the City of Townsend for review and approval. Proposals for further development, reuse or change in use of sites developed pursuant to this title shall also be reviewed as an amendment to an approved plan. All amendments shall be shown on a revised plan drawing. Amendments to approved plans shall be reviewed and approved by the City staff upon determining that the amended plan is in substantial compliance with the originally approved plan. If it is determined that the amended plan is not in substantial compliance with the originally approved plan, the application shall be resubmitted as a new application and shall be subject to all standards and review and approval provisions of this title.

Townsend City Zoning Code

13.16 PLAN

REVIEW

13.16.010 Introduction

All development proposals within the City will be subject to plan review and approval. Depending on the complexity of development and status of proposed use in the applicable zoning district, one of the following will be required as specified in this chapter:
1. Zoning Permit.
  1. A Zoning Permit must be obtained from the City of Townsend before any building, structure or land may be used or occupied, or before any building or structure permitted under this Ordinance may be erected, placed, moved, expanded, or structurally altered. A Zoning Permit may be issued only when the proposed building, structure, parcel, or use will meet the requirements of this Zoning Ordinance.
2. Conditional Use Permits.
  1. A Conditional Use Permit must be obtained before those uses specified as Conditional Uses within certain zoning districts may be established. A Conditional Use Permit may be issued only when the proposed use will meet both the requirements of the particular district involved and the conditions specified for the use.
Special development proposals (e.g., CUPs, variances, etc.) require other information to be submitted in conjunction with sketch plans or site plans and are subject to requirements specific to the type of proposal. These additional submittal requirements and review procedures are outlined in this title.
The requirements of this Zoning Ordinance operate in addition to those requirements established under other City Municipal Codes; except that where conflicts with other City Municipal Codes may occur the more restrictive requirements shall govern.
Any use, category of use, or accessory use provided for in this ordinance which is in conflict with any other local, state or federal laws is hereby prohibited.
This chapter is provided to meet the purposes of TMC 13.04.040 and all other relevant portions of this title.
Applications subject to this chapter shall be reviewed under the authority established by this title.

13.16.020 Zoning Permit Review

Zoning Permit Review Procedures and Criteria.
1. A Zoning Permit must be obtained from the City of Townsend before any building, other structure, or land may be used or occupied, or before any building or other structure permitted under this Ordinance may be erected, placed, moved, expanded, or structurally altered. The City of Townsend may issue a Zoning Permit only when the proposed building, structure, parcel, or use will meet the requirements of this zoning Ordinance.
2. The City of Townsend shall review the application to ensure the required information is submitted and is complete. When the application and submitted information are complete, the City of Townsend shall determine whether the proposed building, structure, alteration, or use is permitted at the proposed location, and whether the proposal will comply with the requirements of the applicable district and these regulations.
3. Unless a variance is explicitly sought and granted in association with a zoning permit, all standards of this title apply whether explicitly mentioned in the record of the review or not. An omission or oversight of a nonconformity with the standards of this title in the site plan shall not constitute approval of such nonconformance. Any nonconformance which was not the subject of an explicitly approved variance may be required to be cured at such time the City becomes aware of the nonconforming condition’s existence.
4. Should the City of Townsend find that the proposal is permitted in the applicable district and will conform to all requirements, The City shall issue the applicant a zoning permit.
5. Should the City of Townsend find that the proposal either is not permitted in the applicable district or will not conform to all requirements of this Ordinance, The City shall deny the application and state in writing that the application is denied and explain the reasons for denial. The statement accompanied by one copy of the application shall be sent to the applicant.
6. Construction, installation, alteration, placement, or use must comply with the plans approved by the City of Townsend.
7. A zoning permit shall be in effect for one year from the date of approval.
8. Zoning permit submittals shall contain the following required items:
  1. Application form.
  2. Site plan, no larger than 11x17 sheet size containing the following:
    1. Site boundaries/property lines, with accurate dimensions.
    2. Streets and alley frontages with names and easements.
    3. Location of all existing and proposed structures, including decks and porches, with distances to the nearest foot between buildings and from buildings to property lines with accurate building area dimensions; and
    4. Off -street parking areas.
  3. Floor plans, including garage, basement, and all finished and unfinished spaces.
  4. Building elevations, if available.
  5. Any plans, sketches, pictures, specifications, and other data that will clearly express any proposed building alterations or additions.
  6. Length of time since current or previous use.
  7. Existing and proposed uses.
  8. The application shall include such other information as may be required by the City of Townsend, the number of families, dwelling units, or rental units proposed; conditions existing on the lot; and such other matters as may be necessary to determine conformance with this Ordinance.
9. The City of Townsend decision may be appealed filing a notice of appeal to the City Clerk for the City of Townsend, within 4 days after the date of decision, by following the procedures of TMC 13.36, Townsend Zoning Ordinance.

13.16.030 Conditional Use Permits Review

Purpose. The purpose of conditional use permits is to provide for specific uses, other than those specifically permitted in each district, which may be appropriate in the district under certain safeguards or conditions. The conditional use permitting process is intended to provide a detailed and comprehensive review of proposed developments that potentially could have significant adverse impacts on the community.
Conditional Use Permit Requirements.
1. No structure or land may be used for any purpose in any district where the use is not permitted unless the use is listed as a conditional use within that district and the approval for the use is obtained through these procedures.
2. Conditional uses and the required conditions are listed as part of the requirements for each district.
3. Conditional uses also must comply with any additional conditions prescribed by the Zoning Commission relating to the following:
  1. Adequate ingress and egress to property and proposed structures with particular concern for automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency.
  2. Adequate off-street parking and loading areas, where required, with particular attention to access, traffic flow and vehicular and pedestrian safety.
  3. Location of garbage containers and garbage pickup with respect to traffic flow and access, odor, and vehicular and pedestrian safety.
  4. Availability and compatibility of utilities in suitable locations.
  5. Adequate screening and buffering, with attention to type, dimensions, and character.
  6. Signs, with attention to preventing glare and promoting traffic safety and harmony with adjacent properties.
  7. Required yards and open space.
  8. General compatibility with adjacent and other properties.
Procedures for Conditional Use Permits. The following procedures must be followed before the Zoning Commission may grant a Conditional Use Permit:
1. The applicant must submit an accurate and complete written application for a conditional use to the Zoning Commission through the City of Townsend. All applications for conditional use permits must be accompanied by plans drawn to approximate scale, showing the approximate dimensions and shape of the lot to be built upon; the approximate sizes and locations of buildings already existing on the lot, if any; the location and dimensions of the proposed buildings or alterations; and information which clearly states how the conditions for the use will be met.
2. The application must include any other information as may be required by the City of Townsend, including descriptions of proposed buildings and alterations; existing or proposed uses of land and buildings; the number of families, dwelling units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this ordinance.
3. Notice shall be published at least 7 days in advance of a public hearing before the Zoning Commission. The owner of the property for which a conditional use is sought, or his/her agent shall be notified of the hearing by mail.
4. At the public hearing, any party may appear in person, or through an agent or attorney.
5. Before granting a conditional use permit, the Zoning Commission shall make a written finding that the proposed use will comply with the specific conditions governing the use and the other requirements of this Ordinance, and that the conditional use will not adversely affect the character of the district.
6. Where the proposed conditional use is subject to review as a subdivision under the Montana Subdivision and Platting Act (76-3-101 et seq., MCA), the Zoning Commission and Planning Board shall hold joint and concurrent review, including a joint public hearing(s). Notice of each hearing shall be given in the manner prescribed by this Ordinance and the municipality's subdivision regulations.
7. The Zoning Commission shall respond with an approval or disapproval within 45 days of receipt of the application.
Applications for conditional use permits may be approved, conditionally approved, or denied by motion of the Zoning Commission. If an application is denied, the denial shall constitute a determination that the applicant has not shown that the conditions required for approval do exist.
The applicant shall be notified in writing of the action taken by the Zoning Commission within ten working days of its action. If the conditional use permit has been granted the notification shall include any conditions, automatic termination date, period of review or other requirements. If the conditional use permit has been granted, the permit shall be issued upon the signature of the City staff after completion of all conditions and final site plan.
Conditions of Approval.
1. Regulation of the development of land, and the attachment of reasonable conditions to land developed, or a use undertaken, is an exercise of valid police power delegated by the State of Montana to the City. Persons undertaking the development or use of land have the duty of complying with reasonable conditions for design, dedication, improvement, and restrictive use of the land so as to conform to the physical and economic development of the City, and to the safety and general welfare of the future lot owners and of the community at large. Such conditions may require compliance with more than the minimum standards established by this title.
2. The Zoning Commission shall, in addition to all other conditions, impose the following general conditions upon every conditional use permit granted:
  1. That the right to a use shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and
  2. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder’s Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use.
3. Conditions of approval may not be added after final action to a proposed development unless:
  1. The conditions are necessary to correct inaccurate or incomplete information provided with an application, which error is discovered after the original approval action; and
  2. The project is not completed within the time period provided in the approval or by this title.
    1. However, should the owner seek material modifications (e.g., changes to the intent, nature, or scope of a development, or necessary improvements) to a previously approved development or condition of approval, the entire application shall be considered to be again opened for review and additional conditions may be applied. Modifications of conditions of approval shall be reviewed through the same process as the original application. Final action includes the resolution of any appeals.
4. Mandatory compliance with the explicit terms of this title does not constitute conditions of approval and is not affected by the limitations of this section.

13.16.040 Building Permits

Based upon the approved zoning permit or conditional use permit, and after any appeals have been resolved, a building permit for the site may be requested and may be granted. No building permit may be granted on the basis of an approved zoning permit or conditional use permit whose approval has expired.

13.16.050 Amendments To Zoning Permits

It is the intent of this section to assure that issues of community concern are addressed during the redevelopment, reuse or change in use of existing facilities in the community. Specific areas of community concern include public safety, mitigation of off-site environmental impacts and site character in relation to surroundings. The following procedures for amendments to approved plans, reuse of existing facilities and further development of sites assure that these concerns are adequately and expeditiously addressed.
Any amendment to or modification of a zoning permit approved under this title shall be submitted to the City of Townsend for review and approval. Proposals for further development, reuse or change in use of sites developed pursuant to this title shall also be reviewed as an amendment to an approved plan. All amendments shall be shown on a revised plan drawing. Amendments to approved plans shall be reviewed and approved by the City staff upon determining that the amended plan is in substantial compliance with the originally approved plan. If it is determined that the amended plan is not in substantial compliance with the originally approved plan, the application shall be resubmitted as a new application and shall be subject to all standards and review and approval provisions of this title.