Eckels/LawsTo: City Council
From: Steve Eckels
February 8, 2010
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1. Ordinance 1455 — Vending on Public Ways (Parks) —
Section 2D - "making sales on public ways, with or without traveling from place to place, from a
conveyance (person to person)" requires a permit. (The airport is selling gas/goods without a permit)
Section 12F,G — "no person is authorized to do business if they create a loud noise"
(The airport is making noise)
2. Zoning Law Chanter 27.2
Purpose of Conditional Use Permit: to serve the public health, safety, and general welfare.
27.20.030 — Airports, hangers, and landing fields require permits
24.34,010 — Conditional use permits are not grandfathered if-
--- The extent of use has changed.
---There has been any alteration, addition, enlargement, or expansion
27.34.040 -- Administrative Conditional Use Permits may only be granted, "Where an already approved
permit has been granted."
The airport has been operating without the necessary permit. The airport is requires a conditional use
permit but will not be eligible because it does not serve public health, safety and general welfare. In fact,
it disrupts public health by interrupting sleep, work, education, and peaceful enjoyment of residences.
The purpose of zoning laws is to protect the public. Please do not ignore this fact.
3. Disturbance of the Peace Ordinanee19-10 — it is unlawful. to "unnecessarily disturb the peace of any
neighborhood or person by loud or unusual noise."
4. Fixed based operator lease: Current failures to abide by lease requirements are as follows:
C.2. Operating Standards —
"Appoint a full-time manager" (not in compliance)
C.6..Lessee shall comply with local laws — Lessee is not in compliance:
---No conditional use permit
---No vending permit
---Disturbance of the peace
---Article 7.A shall maintain five kinds of insurance
---FBO Lease must be approved by a vote of the council
(the FBO contract is different from the other Lessees...)
5. Montana Code 7-8-4201-2009
"The sale or lease (of city property) must be approved by a majority of the electors of the municipality
voting at an election called for that purpose...