Chapter 17.50
BOARD OF ADJUSTMENT
Sections:
17.50.070 Conditions for approval.
17.50.080 Appeals from the board of adjustment.
17.50.090 Effective date of board decision.
17.50.010 Created.
The board of adjustment is established to act on variance applications as detailed in this chapter. The board shall consist of five members appointed by the mayor for three-year terms (with staggering terms), and subject to confirmation by the town council. (Ord. 93 §1(25.1), 1982)
17.50.020 Officers.
A. At the first meeting each year, the board shall appoint one if its members to serve as chairman and one member to serve as vice-chairman.
B. The town building official shall be at the disposal of the board to receive and process applications of appeal and to give advice to the board.
C. The board’s office shall be that of the town municipal building and all files of the board shall be held therein. (Ord. 93 §1(25.2), 1982)
17.50.030 Powers and duties.
The board shall set its operating rules in accordance with MCA Section 76-2-321 et seq. 1979 and shall have the following powers:
A. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this act or of any ordinance adopted pursuant thereto.
B. To authorize upon appeal in specific cases such variance from the terms of the title as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of the title will result in unnecessary hardship, and so that the spirit of the title shall be observed and substantial justice done.
C. More specifically, the board may, after public notice and hearing, conditionally approve, deny, or approve any request to modify the following requirements of this title.
1. Setback requirements;
2. Yard requirements;
3. Area requirements;
4. Height requirements;
5. Parking requirements;
6. Loading requirements.
D. The concurring vote of four members of the board shall be necessary to reverse any order, requirements, decisions, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to effect any variation of this title. (Ord. 93 §1(25.3), 1982)
17.50.040 Appeal procedure.
A. Written applications for appeals or modifications (variance) shall be filed in the office of the building official. Notwithstanding any other provisions of this title, the uniform fee of seventy-five dollars shall be paid to the town upon filing of each application for the purpose of defraying expenses incidental to proceedings. No application will be regarded as having been filed until such fee has been paid.
B. The board shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title. During time of appeal, all construction shall cease and shall not commence until such time of approval on the board of adjustment. (Amended during 6/94 supplement; Ord. 93 §1(24.4), 1982)
17.50.050 Hearing and notice.
A. There shall be a hearing for each application of appeal or modification. The hearing shall be held at an appointed time and place. Testimony shall be taken by the board from persons interested in the application.
B. Notice of hearing shall be published once in a newspaper of general circulation within the town at least ten days prior to the hearing date. (Ord. 93 §1(25.5), 1982)
17.50.060 Approval.
In approving applications of appeal or modifications, the board shall designate such lawful conditions as will secure substantial protection for the public health, safety, and general welfare, and shall find as follows:
A. Such modifications will not be inconsistent with the intent and purpose of this title and/or any adopted master plan;
B. That strict compliance with the provisions of this title would create unnecessary hardship or unreasonable situation on a particular property due to unusual or extreme topography, unusual shape of the property, or the prevalence of similar conditions in the immediate vicinity of the property;
C. That such modifications will have minimal adverse effect on abutting properties or the permitted uses thereof; D. That the lawful conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare, which provisions may include:
1. A time period within which the proposed structures shall be erected,
2. Requiring landscaping and maintenance thereof,
3. Requiring the surfacing and marking of offstreet parking and loading areas,
4. Any other conditions as will make possible the development of the town in an orderly and efficient manner and in conformity with the intent and purpose set forth in this chapter. (Ord. 93 §1(25.6), 1982)
17.50.070 Conditions for approval.
Any approval under this chapter shall be subject to the terms of the conditions designated in connection therein. (Ord. 93 §1(25.7), 1982)
17.50.080 Appeals from the board of adjustment.
Any person or persons, jointly or severally aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the municipality, 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 in the office of the board. (Ord. 93 §1(25.8), 1982)
17.50.090 Effective date of board decision.
The decision of the board of adjustment shall be final except as provided in Section 17.50.080 and if a building permit or occupancy permit is not obtained for the subject property within six months from the date of the board’s decision, the variance shall be automatically cancelled and become null and void. (Ord. 93 §1(25.9), 1982)