(a)

The planning board and town council has the right to review and require revisions to all development proposals subject to this chapter, and delegates that authority in certain circumstances as set forth below to its designees, reserving to itself the right to hear appeals from decisions of the town staff. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of Whitehall; to protect the right of use of property; advance the purposes and standards of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the town are upheld.

(b)

The town council, or its designees shall, upon recommendation from appropriate agencies, entities or town staff as may be applicable, approve, approve with conditions, or deny all applications subject to this chapter. Decisions of the town staff are subject to the appeal provisions of this chapter.

(c)

The town council or its designees may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations.

(Amendment of 8-12-2024(1))

(a)

The town council or its designees shall administer and enforce this chapter. He/she may be provided with the assistance of such other persons as the town council may supervise and those assistants shall have essentially the same responsibilities as directed by the town council.

(b)

The town council or its designees may in the administration of this chapter consult with other persons having expertise in relevant subject areas as in his/her opinion is necessary for the review of the proposed development or administration of the title.

(Amendment of 8-12-2024(1))

(a)

This chapter shall be enforced by the town council, or its designees. No development approval or business or occupational use license shall be issued, except in compliance with the provisions of this chapter.

(b)

If the town council or its designees shall find that any of the provisions of this chapter are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of land, illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions.

(Amendment of 8-12-2024(1))

Whenever any development or building work is being done contrary to the provisions of this chapter, the town council, or its designees shall order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the town council, or its designated designees to proceed with the work. The public works director or town engineer may also issue a stop-work order when building work is being done contrary to the provisions of this chapter.

(Amendment of 8-12-2024(1))

The town council, or its designees, may conduct such investigations, examinations, and site evaluations as they deem necessary to verify the information supplied. The submission of an application for review shall constitute a grant of permission to enter the subject property.

(Amendment of 8-12-2024(1))

(a)

The town shall review each submitted application for acceptability and sufficiency as described in this chapter.

(b)

The final approval body may withdraw approval or conditional approval of a development approval if they determine that information provided by the applicant, and upon which approval or conditional approval of the development was based, is inaccurate or incomplete.

(1)

Within 30 calendar days following approval or conditional approval of a development application, any person or agency that claims that information provided by the applicant is inaccurate or incomplete may submit the information and proof to the town staff.

(2)

The town council, or its designees, shall investigate the claim, the accompanying information and proof, and make a report to the final approval authority (town council, or its designees) within 30 working days after receipt of the information. If the final approval authority is the town council, the council shall consider the information and proof, and shall make a determination regarding the claim at a regular meeting. Notice of the meeting or presentation of the report shall be given to the claimant and the applicant.

(Amendment of 8-12-2024(1))

Review of development applications shall be under such regulations as are in effect at the time an application for approval of a preliminary site plan is deemed sufficient according to this chapter. An applicant may waive, in writing, the shield from changing ordinances established by this section. In the event that such waiver is provided, the development application shall be reviewed under the ordinances in effect on the date of the final action on the application.

(Amendment of 8-12-2024(1))

No building or other structure shall be erected, moved, added to or structurally altered and no land use shall be changed without valid permits.

(Amendment of 8-12-2024(1))

No permit or license of any type shall be issued unless in conformance with the regulations contained within this chapter. Permits issued on the basis of plans and applications approved by the town council authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter, punishable as provided in this chapter.

(Amendment of 8-12-2024(1))

Any authorization, including without limitation site plan approval, issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings or a revocation or nullification thereof, and any work undertaken or use established pursuant to any such building permit or other authorization shall be unlawful.

(Amendment of 8-12-2024(1))

(a)

The town council shall establish a schedule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to this chapter. The schedule of fees for the procedures listed below shall be set from time to time by the town council by resolution. The fee schedule shall be available in the town offices and may be altered or amended only by the town council.

(b)

No permit, zone change, site plan, conditional use, special temporary use, or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the town council until fees have been paid in full.

(Amendment of 8-12-2024(1))

Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof shall be filed with the town staff. He/she shall record properly such complaint and immediately investigate and take action thereon as provided by this chapter. Upon receipt of verbal complaints, town staff and/or planning board may, as time permits, record such complaint, investigate, and take action thereon as provided by this chapter.

(Amendment of 8-12-2024(1))

(a)

Violation 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 required conditions imposed by the town council 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 or imprisoned or both, as set forth in state law regarding zoning, and in addition shall pay all costs and expenses involved in the case except as stated below.

(1)

Each day such violation continues shall be considered a separate offense and punishable as such.

(b)

The code compliance officer is authorized to issue a notice to appear under the provisions of §46-6-310, MCA to any violator of this chapter.

(c)

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.

(d)

When a violation has not been corrected by the property owner after written notice from the town council or its designee, the town may seek approval for filing at the Jefferson County Clerk and Recorder's Office a notice of violation or noncompliance. Such notice shall serve to advise potential purchasers of existing violations of this chapter or of on-going enforcement actions regarding a property. Such notice shall clearly state that the parcel or development on the parcel is in violation of this chapter and that correction of the violation must be made prior to the town approving additional development or redevelopment of the site. The notice shall also describe the nature of the violation and applicable citations to the relevant sections of this chapter.

(1)

When such a notice is to be filed the code compliance officer shall either:

a.

Through the office of the town attorney bring an action for civil and/or injunctive relief that requests a court order to record a notice of violation or noncompliance; or

b.

Schedule a public hearing to be held before the town council with the intention of receiving an order from the town council confirming the validity of the violation and the need for correction, and authorizing the recording of the notice of violation or noncompliance. Notice of such a hearing shall be provided as required by this chapter.

(2)

When a violation has been corrected for which a notice of violation or noncompliance was filed, the town shall record a release of noncompliance indicating that the prior violation has been corrected. The property owner is responsible for notifying the town in writing of the correction of the violation or noncompliance. Upon receipt of such notification by the property owner, the code compliance officer shall conduct an inspection to verify correction prior to the recording of the release.

(e)

The town may maintain an action or proceedings in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, any provision of this chapter.

(f)

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

(Amendment of 8-12-2024(1))