(a)

All development proposals within the town 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)

Sketch plan.

(2)

Site plan.

(3)

Site plans in conjunction with conditional use permits.

(b)

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 chapter.

(c)

This chapter is provided to meet the purposes of section 42-4 and all other relevant portions of this chapter.

(d)

Applications subject to this chapter shall be reviewed under the authority established by this chapter.

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

(a)

Development requiring sketch plan review.

(1)

The following list identifies development that requires sketch plan review as outlined in this chapter:

a.

Accessory uses and structures.

b.

Agricultural uses.

c.

Dwelling, single household to two household.

d.

Essential services (Type I);

e.

Signs; and

f.

Temporary uses, as defined in this chapter.

(2)

All other development shall be required to meet the site plan requirements as outlined in this article.

(b)

Sketch plan review procedures and criteria.

(1)

Upon submission to the town clerk-treasurer of a complete development permit application and the payment of the necessary fee, the development permit application shall be forwarded to the planning board for review. If the planning board finds the proposed development to be in conformance with this chapter, the planning board shall make a recommendation to the town council. The planning board shall forward the application and recommendation to the town council for review. The town council shall make the final determination on approval or denial of the permit.

(2)

Sketch plans shall be reviewed for compliance with all applicable requirements of this chapter and the cessation of any current violations of this chapter, exclusive of any legal nonconforming conditions.

(3)

Unless a variance is explicitly sought and granted in association with a sketch plan, all standards of this chapter apply whether explicitly mentioned in the record of the review or not. An omission or oversight of a nonconformity with the standards of this chapter 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 town becomes aware of the nonconforming condition's existence.

(4)

Sketch plan submittals shall contain the following required items:

a.

Development application form.

b.

Sketch plan, no larger than 11 x 17 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.

c.

Floor plans, including garage, basement, and all finished and unfinished spaces.

d.

Building elevations, if available.

e.

Any plans, sketches, pictures, specifications, and other data that will clearly express any proposed building alterations or additions.

f.

Length of time since current or previous use.

g.

Proposed use.

h.

Payment of all outside consulting review costs for review the application, as necessary, shall be paid prior to issuance of a zoning permit.

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

(a)

Site plan review procedures.

(1)

These procedures shall apply to all developments within the town except for development proposals specified as requiring only sketch plan review.

(2)

Upon submission to the town clerk-treasurer of a complete development permit application and the payment of the necessary fee, the development permit application shall be forwarded to the planning board for review. If the planning board finds the proposed development to be in conformance with this chapter, the planning board shall make a recommendation to the town council. The planning board shall forward the application and recommendation to the town council for review. The town council shall make the final determination on approval or denial of the permit.

(3)

Site plans shall be reviewed for compliance with all applicable requirements of this chapter and the cessation of any current violations of this chapter, exclusive of any legal nonconforming conditions.

(4)

Unless a variance is explicitly sought and granted in association with a site plan, all standards of this chapter apply whether explicitly mentioned in the record of the review or not. An omission or oversight of a nonconformity with the standards of this chapter 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 town becomes aware of the nonconforming condition's existence.

(5)

Site plans shall be reviewed according to the procedures established by this chapter. After review of the applicable submittal materials, the town staff shall act to approve or deny the application, subject to the appeal provisions of this chapter. The basis for the town staff's action shall be whether the application complies with all the applicable standards and requirements of this chapter, including section 42-5.

(b)

Site plan review criteria.

(1)

In considering applications for site plan approval under this chapter, the town staff shall consider the following:

a.

Conformance to this chapter, including the cessation of any current violations.

b.

Conformance with all other applicable laws, ordinances, and regulations.

c.

Pedestrian and vehicular ingress, egress, and circulation, including:

1.

Building location and height;

2.

Setbacks;

3.

Provisions for utilities, including efficient public services and facilities;

4.

Site surface drainage and storm water control;

5.

Loading and unloading areas;

6.

Grading;

7.

Signage;

8.

Screening;

9.

Parking.

(2)

If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this chapter, whether the lots are either:

a.

The subject of reciprocal and perpetual easements or other agreements to which the town is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming.

(3)

Site plan submittals shall contain the following required items:

a.

Development application form.

b.

Site plan, no larger than 11 x 17 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, including surfacing specifications;

5.

Parcel size in square feet;

6.

Total number of dwellings and number of bedrooms per dwelling;

7.

Traffic ingress and egress and circulation;

8.

Utilities and utility easements, existing and proposed;

9.

Surface water features or wetlands;

10.

Provisions for handicap accessibility meeting the requirements of the most current Americans with Disabilities Act Standards and applicant's certification that all improvements are in compliance with the most current ADA Standards;

11.

Fences and walls, including location, height, and construction materials.

c.

Floor plans, including garage, basement and all finished and unfinished spaces;

d.

Building elevations, if available;

e.

Any plans, sketches, pictures, specifications and other data that will clearly express any proposed building alterations or additions;

f.

Length of time since current or previous use;

g.

Proposed use;

h.

Payment of all outside consulting review costs for review the application, as necessary, shall be paid prior to issuance of a zoning permit.

(c)

If the town council determines that the proposed site plan will not be detrimental to the health, safety or welfare of the community; is in compliance with the requirements of this chapter and is in harmony with the purposes and intent of this chapter, approval shall be granted. Notice of action shall be given in writing.

(d)

Site plan approval may be denied upon a determination that the site plan will be detrimental to the health, safety or welfare of the community; is not in compliance with the requirements of this chapter and is not in harmony with the purposes and intent of this chapter. Persons objecting to the recommendations of the town council carry the burden of proof. A denial of approval shall be in writing.

(e)

The town council decisions may be appealed filing a notice of appeal with the clerk of the council for the Town of Whitehall, within four days after the date of decision as evidenced by the town clerk-treasurer signature, by following the procedures of article X, Whitehall Zoning Ordinance.

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

(a)

Upon submission to the town clerk-treasurer of a complete development permit application and the payment of the necessary fee, the CUP permit application shall be forwarded to the planning board for review. If the planning board finds the proposed development to be in conformance with this chapter, the planning board shall make a recommendation to the town council. The planning board shall forward the application and recommendation to the town council for review. The town council shall make the final determination on approval or denial of the permit.

(b)

The town council, in approving a conditional use permit, shall review the application against the review requirements of a site plan.

(c)

In addition to the review criteria of a site plan, the town council shall, in approving a conditional use permit, determine favorably as follows:

(1)

That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity;

(2)

That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of the town council carry the burden of proof.

(3)

The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations.

(4)

The negative impacts of the proposed use, if any, on adjacent properties and on the public can be mitigated through application of other Code standards, or other reasonable conditions of approval.

(5)

All required public facilities, including water, sanitary sewer, and streets, have adequate capacity or are to be improved to serve the proposal, consistent with town standards; and

(6)

A conditional use permit shall not allow a use that is prohibited or not expressly allowed under this chapter; nor shall a conditional use permit grant a variance without a variance application being reviewed with the conditional use application.

(d)

Applications for conditional use permits may be approved, conditionally approved, or denied by motion of the town council. 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.

(e)

The applicant shall be notified in writing by the town clerk-treasurer of the action taken by the town council 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 town clerk-treasurer after completion of all conditions.

(f)

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 town. 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 town, 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 chapter.

(2)

The town council shall, in addition to all other conditions, impose the following general conditions upon every conditional use permit granted:

a.

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

b.

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:

a.

The conditions are necessary to correct inaccurate or incomplete information provided with an application, which error is discovered after the original approval action; and

b.

The project is not completed within the time period provided in the approval or by this chapter.

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 chapter does not constitute conditions of approval and is not affected by the limitations of this section.

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

(a)

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.

(b)

Any amendment to or modification of a site plan approved under this chapter shall be submitted to the planning board for review and approval. Proposals for further development, reuse or change in use of sites developed pursuant to this chapter 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 planning board 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 chapter.

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