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HomeMy WebLinkAboutChapter_64 Administration Fees and Penalties. Title 18 Chapter 64 ADMINISTRATION, FEES AND PENALTIES 18.64.010 REVIEW AUTHORITY A. The City Commission has the right to review and require revisions to all development proposals subject to this title, and delegates that authority in certain circumstances as set forth below to the Planning Director and Board of Adjustment, reserving to itself the right to hear appeals from decisions of the Planning Director and Board of Adjustment. 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 Bozeman; to protect the right of use of property; advance the purposes and standards of this title and the adopted growth policy; and to ensure that the applicable regulations of the City are upheld. B. The Planning Director shall, upon recommendation from the DRC, DRB, ADR or WRB as may be applicable approve, approve with conditions or deny all applications subject to this title, except master site plans, conditional use permits, planned unit developments and subdivisions, or any application involving deviations or variances. Decisions of the Planning Director are subject to the appeal provisions of Chapter 18.66, BMC, 1. Exception. The City Commission may, by an affirmative vote of four of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the Planning Director. The vote shall occur prior to the action of the Planning Director. C. The Board of Adjustment shall, upon recommendation from the DRC, DRB, ADR or WRB as may be applicable approve, approve with conditions or deny applications for all variances and deviations, site/sketch plans with variances or deviations, or conditional use permits subject to this title, except planned unit developments and subdivisions. Decisions of the BOA are subject to the appeal provisions of Chapter 18.66, BMC, 1. Exception. The City Commission may, by an affirmative vote of three of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the Board of Adjustment. The vote shall occur prior to the action of the Board of Adjustment. D.. As detailed in Chapter 18.62, BMC, the City Commission authorizes the Development Review Committee, Design Review Board, administrative design review staff and/or Wetlands Review Board, as applicable, to review and to make recommendations to the Planning Director or City Commission regarding development proposals. E.. The City Commission or its designated representatives may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. The City Commission or its designated representatives may not unreasonably restrict a landowner’s ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as submitted. Recognizing that the standards of this title are minimum requirements and the public health, safety, and general welfare may be best served by exceeding those minimums, the City Commission or Planning Director may require as a condition of approval, additional landscaping, screening, timing requirements, setbacks or other mitigation exceeding the minimums of this title. XVIII-64 1 9/2006 18.64.020 ADMINISTRATION AND ENFORCEMENT - PLANNING DIRECTOR AUTHORITY A. The Planning Director, or his/her designated representative, shall administer and enforce this title. He/she may be provided with the assistance of such other persons as the Planning Director may supervise and those assistants shall have essentially the same responsibilities as directed by the Planning Director. B. The Planning Director may in the administration of this title 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. C. If the Planning Director shall find that any of the provisions of this title 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 title to ensure compliance with or prevent violation of its provisions. 18.64.030 ENFORCEMENT - PLANNING DIRECTOR This title shall be enforced by the Planning Director and his/her authorized representatives. No development approval, subdivision approval, building permit or business or occupational use license shall be issued, except in compliance with the provisions of this title. 18.64.040 STOP-WORK ORDER - PLANNING DIRECTOR, BUILDING OFFICIAL, CITY ENGINEER AUTHORITY Whenever any subdivision, development or building work is being done contrary to the provisions of this title, the Planning Director 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 Planning Director to proceed with the work. The Building Official or City Engineer may also issue a stop-work order when building work is being done contrary to the provisions of this title. 18.64.050 PERMISSION TO ENTER The City Commission, or its designated agents, may conduct such investigations, examinations and site evaluations as they deem necessary to verify the information supplied. The submission of material or a plat for review shall constitute a grant of permission to enter the subject property. 18.64.060 INACCURATE OR INCOMPLETE INFORMATION AND WAIVERS A. The City shall review each submitted application for completeness and sufficiency as described in §§ 18.06.040 and 18.34.070, BMC. B. The final approval body may withdraw approval or conditional approval of a preliminary plat or other development approval if they determine that information provided by the applicant, and upon which approval or conditional approval of the preliminary plat or other development was based, is inaccurate or incomplete. 1. Within thirty calendar days following approval or conditional approval of a preliminary plat or other 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 planning department. 2. The Planning Department shall investigate the claim, the accompanying information and proof, and make a report to the final approval authority (City Commission or the Planning Director) within thirty working days after receipt of the information. If the final approval authority is the City Commission, the Commission shall consider the information and proof, and shall make a XVIII-64 2 9/2006 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. 18.64.070 COORDINATED REVIEWS When a proposed subdivision, development or use is also proposed to be annexed to the City of Bozeman, the City shall coordinate the development review and annexation procedures to minimize duplication of hearings, reports, and other requirements whenever possible. The City Commission shall also hold joint public hearings on the initial zoning and the annexation whenever possible. Based upon the circumstances of proposed development the City may require sequential review of applications. 18.64.080 DATE OF SUBMITTAL AND ASSOCIATED REVIEW STANDARDS A. Subdivision. Review and approval or disapproval of a subdivision under these regulations may occur only under those regulations in effect at the time a subdivision application for approval of a preliminary plat is deemed sufficient according to §18.06.040, BMC, or for an extension under Chapter 18.06, BMC is submitted to the City of Bozeman. B. Non-subdivision. Review of nonsubdivision applications shall be under such regulations as are in effect at the time an application for approval of a preliminary site plan is deemed complete according to § 18.34.070, BMC; except that an interim zoning ordinance adopted according to § 76-3-306, MCA shall apply to a nonsubdivision application without limitation to the date of completeness of the application until final action has been taken on the application. .An applicant may waive, in writing, the shield from changing ordinances established by this section. In the event that such waiver is provided, the non-subdivision application shall be reviewed under the ordinances in effect on the date of the final action on the application. 18.64.090 PLANNING DIRECTOR AND BUILDING OFFICIAL - PLAN APPLICATION CHECKING - NOTICE OF NONCOMPLIANCE A. It is the intent of this title that the Planning Director and Building Official, or their designees, shall check all development plans and applications for permits for compliance with this title both before and during construction. B. If, during this procedure, the Planning Director and/or the Building Official deems that the proposed plan or construction does not comply with this title, he shall inform the applicant of the infraction and shall stop all construction on the project until such time as the applicant, builder or principal revises his plan to conform to this title and/or fulfills the requirements of any mandated review procedure(s) as set forth in this title. 18.64.100 BUILDING PERMIT REQUIREMENTS No building or other structure shall be erected, moved, added to or structurally altered and no land use shall be changed without valid permits as prescribed in this chapter. A. Only minor site surface preparation and normal maintenance shall be allowed prior to conditional approval by the appropriate review authority and the issuance of a building permit, providing that such activity does not include excavation for foundations or the removal of mature, healthy vegetation. Upon conditional approval by the appropriate review authority, excavation for foundations and the preparation of forms may occur. However, no concrete shall be poured and no further construction shall commence until final site or sketch plan approval has been granted and until building permits have been issued. 1. EXCEPTION: When construction and funding of public streets are occurring under the provisions of Chapter 18.36, BMC, Planned Unit Development (PUD), the issuance of building permits may be allowed prior to completion of infrastructure improvements, pursuant to the provisions established in Chapter 18.74, BMC. XVIII-64 3 9/2006 B. Building Permit. Within the limits of the City, building permits shall be obtained by following the latest version of the International Building Code (International Code Council, 5360 South Workman Mill Road, Whittier, California) adopted by the City. C. The building permit shall be obtained by application to the Building Official. Applications shall be accompanied by plans in duplicate, drawn to scale showing the actual dimensions and shape of the lot to be built upon; the legal description of the parcel; the exact sizes and location on the lot(s) of buildings already existing, if any; the location and dimensions of the proposed buildings or alternatives; and two copies of the approved site plan or sketch plan as approved under Chapters 18.34, 18.36, etc. of this title. D. One copy of the plans shall be returned to the applicant after the Building Official and Planning Director have marked each copy either as approved or disapproved and attested to same by their signatures. The second copy similarly marked shall be retained by the Building Department. E. Approval of any plan that has been granted based upon false information provided by the applicant shall be deemed void without requirement for further action by the City. FBased upon an approved sketch, site plan, certificate of appropriateness, conditional use permit or planned unit development (hereinafter referred to as “plan”), and after any appeals have been resolved, a building permit for the site may be requested and may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension of one additional year from the Planning Director. In such instances, the Planning Director shall determine that the terms and circumstances have not significantly changed since the initial approval. 18.64.110 PERMIT ISSUANCE - CONFORMITY WITH REGULATIONS REQUIRED No permit or license of any type shall be issued unless in conformance with the regulations contained within this title. Permits issued on the basis of plans and applications approved by the Building Official and Planning Director 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 title, punishable as provided in this chapter. 18.64.120 PERMITS ISSUED CONTRARY TO TITLE DEEMED VOID Any authorization, including without limitation subdivision approval, site plan approval or building permit, issued, granted or approved in violation of the provisions of this title 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. 18.64.130 EXPIRATION OF PERMITS Every permit issued by the Building Official under the provisions of this title shall expire by limitation and become null and void if the building or work authorized by such permit has not commenced within 180 calendar days from the date of such permits, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 calendar days. Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for the work, and provided further that such suspension or abandonment has not exceeded one year. 18.64.140 FEE SCHEDULE A. The City Commission shall establish a schedule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to this title. The schedule of fees for the procedures listed below shall be set from time to time by the City Commission by resolution. XVIII-64 4 9/2006 The fees shall be available in the office of the Planning Director and may be altered or amended only by the City Commission. B. No subdivision, permit, zone change, site plan, conditional use, special temporary use, planned unit development, deviation 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 administrative design review staff, Development Review Committee, the Design Review Board, the Zoning Commission, the Planning Board or the City Commission until fees have been paid in full. 18.64.150 COMPLAINTS OF ALLEGED VIOLATIONS - FILING AND RECORDING Whenever a violation of this title 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 Planning Director. He shall record properly such complaint and immediately investigate and take action thereon as provided by this title. 18.64.160 VIOLATION - PENALTY - ASSISTING OR ABETTING - ADDITIONAL REMEDIES A. Violation of the provisions of this title 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 Planning Director and/or City Commission shall constitute a misdemeanor. Any person who violates this title 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 subdivision and zoning, and in addition shall pay all costs and expenses involved in the case except as stated in subsection D of this section. 1. Each day such violation continues shall be considered a separate offense and punishable as such. 2. For violations relating to plats each sale, lease or transfer of each separate parcel of land in violation of any provision of these regulations or the Montanan Subdivision and Platting Act shall be deemed a separate and distinct offense. 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 title. 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. If transfers not in accordance with these regulations or the Montana Subdivision and Platting Act are made, the City Attorney shall commence action to enjoin further sales or transfers and compel compliance with all provisions of these regulations. The cost of the action must be imposed against the party not prevailing. E. When a violation has not been corrected by the property owner after written notice from the City, the enforcement officer or Planning Director may seek approval for filing at the Gallatin 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 title 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 title and that correction of the violation must be made prior to the City 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 title. 1. When such a notice is to be filed the enforcement officer shall either: a. Through the office of the City 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 City Commission with the intention of receiving an order from the City Commission confirming the validity of the violation and the XVIII-64 5 9/2006 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 Chapter 18.76, BMC. 2. When a violation has been corrected for which a Notice of Violation or Noncompliance was filed, the City shall record a release of noncompliance indicating that the prior violation has been corrected. The property owner is responsible for notifying the Planning Department in writing of the correction of the violation or noncompliance. Upon receipt of such notification by the property owner, the enforcement officer shall conduct an inspection to verify correction prior to the recording of the release. F. The City may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, any provision of this title. G. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. XVIII-64 6 9/2006