Chapter 17.08 ADMINISTRATIVE REGULATIONS AND PROCESSES

A. The town council shall determine the appropriate zoning for all areas to be annexed to the town but shall take into consideration the area growth policy and written requests of the owner of record of the land to be annexed.

B. When such zoning of annexed territory is to be effective at the time of such annexation, the town council may determine the proper zoning to be effective upon the date of such annexation and include this determination in the decision to annex said parcels. (Ord. 276 Exh. 1, 2024)

17.08.020 Minimum requirements.

Except as provided in Chapters 17.29, 17.39, 17.40 and 17.50 with respect to conditional uses, nonconforming uses and nonconforming buildings, and variances, the regulations set by this title shall be minimum regulations and all regulations as categorized shall apply uniformly to each class or kind of structure or land. (Ord. 276 Exh. 1, 2024)

17.08.030 Minimum requirements--Conflicting provisions.

In their interpretation and application, the provisions of this title shall be held to be minimum requirements adopted for the promotion of the health, safety, morals, and general welfare of the community. Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules and regulations, the most restrictive, or that imposing the higher standards, shall govern. (Ord. 276 Exh. 1, 2024)

17.08.040 Conformity to district regulations.

No building, structure, or land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless it is in conformity with all the regulations in this title specified for the district in which it is located unless a variance has been granted by the town. (Ord. 276 Exh. 1, 2024)

17.08.050 Height, area, and yard requirements.

No building or other structure shall hereafter be erected or altered, unless a variance has been granted by the town, that violates the terms of the underlying zoning district of the following elements:

A. The height or bulk;

B. Accommodating or housing a greater number of dwelling units;

C. Occupying a greater percentage of lot area;

D. Encroaching on rear yards, front yards, side yards, or other open spaces. (Ord. 276 Exh. 1, 2024)

17.08.060 Yard requirements exclusive to property on which it is located.

Required yard area, open space, off-street parking or loading zones shall not be used by any adjacent parcels for complying with any provisions of this chapter. (Ord. 276 Exh. 1, 2024)

17.08.070 Minimum yard requirements.

No yard or lot existing at the time of adoption of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements set forth in this title. Yards or lots created after the effective date of the ordinance codified in this title shall meet at least the minimum requirements established by this title unless a variance is granted by the town. (Ord. 276 Exh. 1, 2024)

17.08.080 Officials designated and duties.

A. The building official and town manager shall administer and enforce this title. They may be provided with the assistance of such other persons as the town council may direct and those assistants shall have essentially the same responsibilities as directed by the building official.

B. If the building official or town manager, or their designee, shall find that any of the provisions of this title are being violated, they shall notify in writing the person responsible for such violations, indicating the nature of the violation, references to the specific sections of this code that are being violated, and ordering the action necessary to correct it. They shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of 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.

C. The building official or town manager, or their designee, shall check all plans and applications for permits for compliance with this title both before and during construction. If during this procedure the building official or town manager, or their designee, deems that the proposed plan or construction does not comply with this title, they 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 their plan to conform to the title or obtains a variance, conditional use permit, or zone change as set forth in this chapter. (Ord. 276 Exh. 1, 2024)

17.08.090 Stop order.

Whenever any building work is being done contrary to the provisions of this title, the building official 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 building official to proceed with the work. (Ord. 276 Exh. 1, 2024)

17.08.100 Permits.

A. 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 described in this chapter.

B. Within the limits of the town, building permits shall be obtained in accordance with applicable building codes.

C. The application shall include such other information as lawfully may be required by the building official or town manager, or their designee, including but not limited to existing or proposed building and land; the number of persons, housing 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 title.

D. One copy of the application and plans shall be returned to the applicant by the building official or town manager, or their designee, after they shall have marked such copy either as approved or disapproved and attested to same by his signature. The second copy similarly marked shall be retained by the building official or town manager, or their designee. (Ord. 276 Exh. 1, 2024)

17.08.110 Conformance.

A. No permit of any type shall be issued unless in conformance with the regulations contained within this title. Permits issued based on plans and applications approved by the building official or town manager, or their designee, authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction shall be utilized. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this title punishable as provided in Section 17.08.250.

B. Conditional use permits approved by the town council and variances granted by the board of adjustment shall be deemed in conformance with the terms of this title. However, building permits or land use permits shall be issued only in accordance with the terms set forth in the conditional use permit and variance chapters of this title. (Ord. 276 Exh. 1, 2024)

17.08.120 Expiration of permit.

Every permit issued by the building official or town manager, or their designee, under this title shall expire in accordance with the provisions of applicable building codes. When a building permit expires, issuance of a new permit to recommence work on the same building project shall also be governed by the provisions of applicable building codes. An applicant may propose an extension by submitting written notice to the town manager that details why the project cannot be completed. The town manager may only approve an extension if the plans have not had any changes. The extension may be granted for a period not to exceed the initial approval period. (Ord. 276 Exh. 1, 2024)

17.08.130 Unlawful permits.

Any building permit, or any authorization issued, granted, or approved in violation of the provisions of this title, shall be invalid 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. (Ord. 276 Exh. 1, 2024)

17.08.140 Schedule of fees, charges, and expenses.

A. The town council shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, land use and zoning permits, subdivisions, appeals, and other matters pertaining to this title. The schedule of fees shall be set by resolution of the town council and shall be posted in the town offices. The fee schedule shall only be changed by resolution of the town council.

B. No permit, zone change, conditional use, or variance shall be issued unless or until such costs, charges, fees, or expenses listed on the fee schedule posted in the town offices have been paid in full, nor shall any action be taken on proceedings by the town council, or the board of adjustment, unless, or until, preliminary charges and fees have been paid in full. (Ord. 276 Exh. 1, 2024)

17.08.150 Permits applied for after project start.

Any person or persons who is required by the town of West Yellowstone to apply for a permit contained within this chapter after beginning use or construction of a project without the proper permit shall pay double the application fee for the necessary permit(s). (Ord. 276 Exh. 1, 2024)

17.08.160 Physical and legal access.

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with physical and legal access to an approved private street, alley, parkway, or interior park, and all structures shall be so located on lots as to provide safe, convenient access for servicing, fire protection, required off-street parking per Chapter 17.37, and off-street loading per Chapter 17.38.

The town will not maintain any access from a public street once it is located on private property. The town will not maintain any access from a private street, alley, parkway, or interior park. (Ord. 276 Exh. 1, 2024)

17.08.170 Street rights-of-way.

No building permit shall be issued or use proposed in any right-of-way or any right-of-way proposed on the town growth policy. (Ord. 276 Exh. 1, 2024)

17.08.180 Amendment--Initiation.

A. The town council may, from time to time, amend, supplement, or change this title and the regulation of maps appertaining thereto. The town council may initiate an amendment, supplement, or change.

B. Whenever the property owner of any land or building desires a reclassification of his property or change in regulations applicable thereto, he may file with the town clerk a petition duly signed and verified by him requesting an amendment or change of regulations prescribed for such property. (Ord. 276 Exh. 1, 2024)

17.08.190 Amendment--Investigation.

Upon initiation of an amendment by the town council or upon petition from a property owner, the town council shall cause to be made such an investigation of facts bearing on such initiation or petition as will provide necessary information to assure that the action of each such petition is consistent with the intent and purpose of this title and the Montana Code Annotated. (Ord. 276 Exh. 1, 2024)

17.08.200 Amendment--Hearing.

The town council shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard and for the purpose of acting upon the proposed amendment or supplement after public notice. Such public notice shall be published in an official paper or paper of general circulation in the town telling the time and place of the meeting at least fifteen days prior to the meeting date. In case, however, of protest against such changes signed by the owners of twenty percent or more either of the area of the lots included in such proposed change or of those lots within one hundred fifty feet of the parcel for a proposed change, including the width of any adjacent rights-of-way therefrom, such amendment shall not become effective except by the favorable vote of eighty percent of all members of the town council. (Ord. 276 Exh. 1, 2024)

17.08.210 Enforcement.

This title shall be enforced by the town council and their authorized representatives. No building permit or business or occupational use license shall be issued except in compliance with the provisions of this chapter. (Ord. 276 Exh. 1, 2024)

17.08.220 Complaints.

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 building official. They shall record properly such complaint and immediately investigate and act thereon as provided by this title. (Ord. 276 Exh. 1, 2024)

17.08.230 Appeal of administrative decision.

Any person or persons, jointly or severally aggrieved by any administrative decision of town official may present to the board of adjustment an appeal petition specifying the grounds for the appeal. Such petition shall be presented to the board of adjustment within thirty days after the filing of the zoning administrator or building official. (Ord. 276 Exh. 1, 2024)

17.08.240 Appeal of a town board decision.

Any person or persons, jointly or severally aggrieved by any decision of the town council, board of adjustment, or any other quasi-judicial board representing the town of West Yellowstone, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision of the office of the board. (Ord. 276 Exh. 1, 2024)

17.08.250 Violations--Penalty.

Violation of this title is a municipal infraction subject to the provisions of Sections 7-1-4150 through 7-1-4152, MCA unless noted elsewhere in this title. (Ord. 276 Exh. 1, 2024)