Standardized Enforcement and Appeal Procedures in 101 Zoning Districts
The County Commission adopted standardized enforcement procedures and an appeal process for zoning violations in fourteen 101 zoning districts (Resolution 2004-067 and 2004-144). The Gallatin County Planning and Compliance Departments work with violators to achieve voluntary compliance. If compliance can not be achieved, the Planning and Zoning Commission can assess violators fines of up to $500 per day of violation until compliance is achieved.
Affected zoning districts include:
How are fines calculated?
When determining the amount and duration of a fine, the Planning and Zoning Commission shall consider the nature, circumstances, extent and gravity of the violation, any prior history of such violations, the degree of culpability, and such other matters as justice may require. If the fine is not paid, it shall become a lien upon the property.
The Code Compliance Specialist prepares a report and recommendation for the Planning and Zoning Commission that assesses the factors described above. The Gallatin County Guidance on Calculating Fines for Zoning Violations in 101 Zoning Districts is used to assess each of these factors. The Planning and Zoning Commission considers all relevant testimony at a public hearing, and then decides the fine. Any fine assessed by the Planning and Zoning Commission may be appealed to the County Commission Commission with 10 business days in writing via certified mail. Any person may appeal a final decision of the Board of County Commissioners within 30 days to the Eighteenth Judicial District Court.
Zoning Enforcement in 201 Zoning Districts
Zoning violations in 201 districts are considered a misdemeanor. Any person who violates these regualtions may be fined five hundred dollars per violation, and/or imprisoned not more than six months.
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