The board of adjustment shall have the following powers and duties:
A. Administrative Review: To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning coordinator in the enforcement or interpretation of this title.
B. Conditional Use (Special):
1. Authority To Hear And Decide: To hear and decide only such conditional uses as the board of adjustment is specifically authorized to pass on by the terms of this title; to decide such questions as are involved in determining whether conditional uses should be granted; and to grant conditional uses with such conditions and safeguards as are appropriate under this title, or to deny conditional uses when not in harmony with the purpose and intent of this title.
2. Criteria For Approval: A conditional use shall not be granted by the board of adjustment unless and until the following requirements are met:
a. Application; Required Information: A written application for a conditional use is submitted stating the grounds on which it is requested and the following information:
(1) A legal and general description of the tract(s) upon which the conditional use is sought;
(2) A map showing the dimensions, acreage and location of the tract(s);
(3) The names and addresses of the owner(s) of the tract(s) and their agents, if any;
(4) A site plan showing major details of the proposed development including, but not limited to, the location of proposed and existing buildings and structures, off street parking and loading, service and refuse areas, means of ingress and egress; landscaping, screening, signs and open space areas;
(5) A time schedule for development;
(6) Any other information the applicant believes will support his request.
The application must be submitted at least twenty (20) days prior to the date of the public hearing before whom it is appropriate for the matter to be heard, and be accompanied by payment of all applicable fees.
b. Notice Of Hearing: Notice of hearing shall be given at least fourteen (14) days in advance of the date set for public hearing. The owner of the property for which conditional use is sought or his agent shall be notified by mail. In addition, property owners of record within one hundred fifty feet (150') of the exterior boundaries of the property for which a conditional use permit is sought shall be notified. A notice of such hearing shall be posted on the property for which a conditional use permit is sought at least ten (10) days prior to the public hearing.
c. Public Hearing: A public hearing shall be held and any party may appear in person, or by agent or by attorney.
d. Findings Of Fact: The board of adjustment, before it grants a conditional use permit, shall make findings of fact and state its reasons for granting the conditional use permit, said findings of fact to include:
(1) The use will not endanger the public health or safety if located where proposed and developed, and that the use will not allow conditions which will tend to generate nuisance conditions including, but not limited to, noise, dust, glare, odor or vibration;
(2) The use meets all required conditions and specifications set forth in the zone where it proposes to locate;
(3) The location and character of the use, if developed according to the plan as submitted for approval, will be in harmony with the area in which it is to be located and in general conformity with the comprehensive plan of development of Glendive and the metropolitan area;
(4) Consult with other departments of the city and the director of planning to fully evaluate the impact of the use(s) contemplated under the conditional use application upon public facilities and services. (1983 Revised Code § 11.03.005)
To ensure the establishment of the above conditions, the board of adjustment shall have the authority to require and approve specific plans, to increase the requirements set forth above and the requirements specified elsewhere in this title, but in no case shall the board, by conditional use permit, have the authority to decrease the requirements specified in this title, or elsewhere in this code. Any such decrease in the requirements of this title shall only be granted upon the issuance of a variance permit. (1983 Code § 11.03.005; amd. 2004 Code)
e. Record Of Conditions: All conditions required by the board shall be entered in the minutes of the meeting at which time the permit is granted and shall also be entered on the certificate of the conditional use permit.
f. Time Limitation: The board of adjustment shall prescribe a time limit within which the action for which the conditional use permit is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the conditional use permit.
g. Conditional Uses Eligible For Consideration: The following table of conditional uses shall be eligible for consideration by the board:
TABLE OF CONDITIONAL USES
All development within the boundaries of airport runway clear zones.
Amusement parks or zoos.
Catering establishments conducted as a home occupation.
Drive-in theaters.
Extractive industries: Excavations--gravel and rock.
Garbage, offal and animal reduction or processing.
Go-cart tracks.
Golf driving ranges.
Gun and archery ranges.
Heliports and helistops.
Home occupations as defined.
Hospitals and sanitariums.
Landfills, reclamation to improve steep, low or otherwise unusable land (see extractive industries).
Landfills, sanitary, for disposal of stumps, trash and garbage.
Mortuaries.
Offices operated as an incidental home occupation.
Public utility service installations.
Slaughterhouses.
Smelting or refining of aluminum, copper, tin, zinc or other light metals.
Temporary buildings or structures.
C. Variances:
1. Authority To Grant: The board of adjustment shall have the authority to grant a variance from the terms of this title in specific cases where it is found that the granting of the variance will not be contrary to the public interest and where, because of special existing conditions with respect to the lot shape or topography, a literal enforcement of the provisions of this title would result in unnecessary hardship.
2. Criteria For Approval: A variance from the terms of this title shall not be granted by the board unless and until the following requirements are met:
a. Written Application: A written application for a variance is submitted demonstrating:
(1) Special conditions and circumstances exist which are peculiar to the land, and the lot, or some such thing inherent in the land that causes the hardship, and which are not applicable to other lands in the same district;
(2) Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title; or
(3) Granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other land in the same district;
b. Required Information: The application shall include, but not be limited to the following:
(1) A legal and general description of the tract(s) upon which a variance is sought;
(2) The name and address of the owner's of the land and their agents, if any;
(3) A map showing the location of the property for which application is submitted and its relation to adjoining property;
(4) The reason the variance is being sought.
c. Filing Deadline: The application must bee submitted at least twenty (20) days prior to the date of the public hearing.
d. Fees: The application must be accompanied with payment of all applicable fees.
e. Notice Of Hearing: Notice of public hearing shall be given as specified under conditional use applications.
f. Hearing: At the designated time, the public hearing shall be held. Any party may appear in person, or by agent or by attorney.
g. Findings: The board shall make a finding that the granting of the variance will be in harmony with the general purpose and intent of this title and with the comprehensive plan of development of the Glendive-Dawson County jurisdictional area and its environs.
h. Additional Conditions And Safeguards: In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this title.
i. Time Limitation: The board shall prescribe a time limit within which the action for which the variance was required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the variance.
j. District Use: Under no circumstances shall the board grant a variance to allow a use not permissible under the terms of this title in the district involved. A variance shall not be a grant of special privileges inconsistent with limitations placed upon other property in the district. (1983 Revised Code § 11.03.005)