17.50.201 LICENSE TO OPERATE--APPLICATION
(1) An applicant for a license to operate a motor vehicle wrecking facility shall use application forms provided by the department.
(2) An applicant shall submit, with the application, a written certification signed by the appropriate local government official having knowledge of local zoning ordinances that the operation of the proposed facility would not violate any local government zoning ordinance in effect on the date that the application is filed with the department. If the appropriate local government official states that the operation would violate such an ordinance, the department shall deny the license application. If the appropriate local government official fails to make the certification and the applicant indicates the failure in writing on the application, the department shall determine if a zoning ordinance would be violated. If it determines that the operation of the proposed facility would violate a zoning ordinance, the department shall deny the application. If it determines that the operation of the facility would not violate a zoning ordinance, the department shall continue to process the application.
(3) If the department determines that an application is not complete, it shall return the application to the applicant with a written statement that it is not complete. The department may not continue to process the application until the applicant submits a complete application. A determination that an application is not complete is not a denial of the application.
(4) As required by 75-10-516, MCA, in deciding whether to grant or deny a license application, the department shall consider the effect of the proposed facility on adjoining landowners and land uses.
(5) Before approving a license application and issuing a license, the department shall inspect the facility. The department may not issue a license if the facility is not in compliance with the shielding requirements of ARM 17.50.202.
History: 75-10-503, MCA; IMP, 75-10-503, MCA; NEW, EMERG, Eff. 11/4/73; AMD, Eff. 5/6/76; AMD, 1992 MAR p. 1370, Eff. 6/26/92; TRANS, from DHES, 1995 MAR p. 2253; AMD, 2006 MAR p. 758, Eff. 3/24/06.