(A) The Board of Adjustment is established to act on conditional uses (special exceptions), variances and appeals of the Zoning Administrator decisions and actions.
(B) The Board of Adjustment consists of five members appointed by the mayor for a three-year term, and subject to the confirmation by the Town Council. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Board members serve without compensation. A Board member is removable only for cause by the Town Council upon written charges and after public hearing.
(C) The Board shall appoint one of its members as Chairperson and will set its operating rules in accordance with M.C.A. §§ 76-2-321 through 76-2-328.
(D) All official files of the Board of Adjustment shall be held in the offices at Town Hall.
(E) Meetings of the Board must be held at the call of the Chairperson and at other times that the Board may determine.
(F) The Chairperson or, in the Chairperson’s absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.
(G) The concurring vote of four members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator; to decide in favor of the applicant on any matter upon which the Board of Adjustment is required to pass under these regulations; or to effect any variation in these regulations.
(H) All meetings of the Board of Adjustment shall be open to the public.
(I) The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the offices at Town Hall and shall be a public record.
(Ord. 329, passed 1-11-2016)