The town zoning code permits aggrieved persons to appeal the interpretation and application of the code. The zoning board of adjustment may grant variances from the code and hear appeals from interpretations of the zoning administrator in limited circumstances where hardships would result from the code's strict interpretation, application and enforcement. Variance applications will be accepted only from the record owner of the property for which the variance is requested. Any person aggrieved by a zoning administrator decision may appeal that decision to the board.
The zoning board of adjustment may grant variances from the zoning ordinance when:
A. The variance won't be contrary to the public interest;
B. Circumstances unique to the property would cause an undue hardship if the zoning ordinance is strictly and literally interpreted and applied;
C. The spirit and intent of the zoning ordinance will be observed and substantial justice done; and
D. The results of the variance will be consistent with the goals, objectives and policies of the adopted comprehensive plan/growth policy.
The zoning board of adjustment may not grant use variances that would allow the use of a property or building that is not allowed by the zoning ordinance in that zoning classification.
The zoning administrator will review the application for completeness after the application deadline date and will promptly notify the applicant about any missing material or information. Incomplete or unacceptable applications may delay the variance review process by one month or longer. The applicant is responsible for submitting a complete application.
All applications will be submitted at the Town Hall, 328 West Main Street by the dates established by the zoning board of adjustment. The application fee must accompany the application and must be personally delivered to the town hall. No mailed, electronic mail or tele-facsimile applications will be accepted.
All questions must be answered fully. Please type or print on the application and for all other information submitted with the application. You may attach additional pages or other information, including photographs. All material that is submitted for the application will be retained as part of the permanent record.
APPLICATION FORM
ZONING ORDINANCE VARIANCE OR APPEAL
Legal description of property:
Address or other location:
Zoning classification: Size of parcel:
Variance requested or describe decision being appealed:
Facts of hardship:
Owner(s):
(Record owner)
(Address)
(Phone number and e-mail address)
Agent or appellant:
(Name)
(Address)
(Phone number and e-mail address)
I understand that the filing fee accompanying this application is not refundable, that it pays for application processing and does not guarantee that the appeal or variance will be granted. I attest that the information presented herein is factual and correct.
Signature: Date:
(Record owner or appellant)
ADDITIONAL APPLICATION REQUIREMENTS AND PROCEDURES
1. Prepare a written statement addressed to the chairperson of the zoning board of adjustment. State what is intended to be done with the building or property, including any new or change in use, and why the variance is being sought or the appeal is being made.
2. Answer the following questions in the statement:
a. What unique property conditions prevent you from using the property in conformance with the zoning ordinance requirements, or in what way does the zoning administrator's interpretation of the zoning ordinance affect you or your property?
b. What hardship will you experience if you are not granted a variance or relief from the zoning administrator's decision?
c. If a variance or appeal is granted, what goals, objectives and policies of the comprehensive plan/growth policy will be supported by the variance or appeal?
3. Prepare a dimensioned site plan as follows:
a. One site plan at least 11" x 17".
b. Scale shall be at least 1 " = 40'.
c. North arrow.
d. Location and dimension of all vehicular access points and all off street parking spaces.
e. Lot line locations and dimensions.
f. Location and dimensions of all proposed and existing buildings, including any that will be removed.
g. Building setbacks from all property lines.
h. Names and locations of adjacent streets, alleys and other properties.
i. If a height variance is being sought, a dimensioned elevation drawing showing the height of all structures.
j. Other pertinent information.
4. A filing fee must accompany all applications for variances or appeals. No application will be accepted until the fee is paid in full. The fee is nonrefundable and does not guarantee a variance or successful appeal.
5. A public hearing will be held when the zoning board of adjustment considers appeals or variances. The property for which the variance or appeal is sought will be posted with a notice that contains information about the variance or appeal and the date, time and location of the hearing. A notice of public hearing will be published in the town's official newspaper or a newspaper of general circulation in the area at least ten (10) days prior to the public hearing. The applicant will be notified by mail as to the date, time and location of the hearing.
6. Approval of a variance or appeal requires the concurrence of at least four (4) voting members of the board.
7. All hearings and deliberations by the board are open to the public. Any person may appear and testify at the hearing. Records of the case, hearing and decision will be retained by the board and are public records.
8. Appeals from the board may be made to a court of record in the state of Montana.
(Ord. 131, 3-14-2002)