(A) Board Of Adjustment Established:
1. The board of adjustment is hereby established to act on variance and conditional use applications as herein detailed. Said board shall consist of five (5) members appointed by the mayor for three (3) year terms, and subject to confirmation by the city council.
2. The board shall appoint one of its members as chairperson and will set its operating rules in accordance with section 76-2-321, Montana Code Annotated.
3. The board's office shall be in the office of the city director of public works. All files of said board shall be held in said office.
4. The staff of the director of public works shall be at the disposal of the board to receive and process applications for variances and for conditional uses and to give its advice to said board.
5. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Such chairperson, or in the absence of the chairperson, then the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board 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 office of the board and shall be a public record.
(B) Powers Of Board:
1. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this title, the board of adjustment shall have the power, after public notice and hearing, in a specific case, to vary or modify any of the regulations or provisions relating to the use, construction, setback, yard, area and height requirements and parking and loading space requirements, as well as structural changes in, equipment or alterations of buildings or structures in harmony with their fundamental purposes and intent, so that the public health, safety and general welfare may be conserved and substantial justice done.
2. In every case, however, where a variance permit is either granted or revoked by the board of adjustment, it must be affirmatively shown that an unnecessary hardship or practical difficulty would be created.
3. In addition to the foregoing powers, the board of adjustment shall have the power to permit conditional uses, subject to and in accordance with the provisions of chapter 5 of this title.
4. Changes in the regulations, restrictions and boundaries of districts may be made only by the city council, and in the manner designated by Montana law.
(C) Variance, Procedure:
1. Written application for such variances or modifications shall be filed in the office of the director of public works and shall include a scale drawing of the proposal showing the placement of structures on the lot and the approximate location of buildings around, and the written consent of the adjoining landowners within a radius of one hundred fifty feet (150'), if possible. Notwithstanding any other provisions of this section, a uniform fee, established by the resolution of the city council, shall be paid to the city upon the filing of each application for a variance or modification for the purpose of defraying expenses incidental to the proceedings.
2. The director of public works shall cause to be made such investigation of fact 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. No application will be regarded as having been filed until the fee stated above shall have been paid to the city.
(D) Variance, Notice Of Hearing:
1. Notice of said hearing shall be published once, in a newspaper of general circulation within the city, at least seven (7) days prior to the hearing date, and notice shall also be posted on the bulletin board in the city hall.
2. Said hearing shall be held at the appointed time and place, in the city council chambers, and testimony may be taken by the board of adjustment from persons interested in said variance or modification request, and from the staff of the office of the director of public works.
3. In approving such variance or modification, the board of adjustment 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 variance or modification will not be inconsistent with the intent and purpose of this title and/or any adopted general plan.
(b) That strict compliance with the provisions of this title would create unnecessary hardship or unreasonable situations 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, but are not limited to:
(1) Bond to ensure removal of a structure within a specified period of time.
(2) A time period within which the proposed structure shall be erected.
(3) Regulations of point of vehicular ingress and egress.
(4) Requiring landscaping and maintenance thereof.
(5) Requiring the surfacing and marking of off street parking and loading areas subject to specifications of the uniform building codes 1 of the city and of the board of adjustment.
(6) Any other such conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purpose set forth in this section. Any approval under this section shall be subject to the terms of the conditions designated in connection therewith.
(7) The board of adjustment may require that the applicant agree in writing to fulfill the required conditions as set forth herein, or post with the city a faithful performance bond in the amount equal to the estimated costs of improvements plus fifteen percent (15%) to ensure the installation of such improvements. This bond shall be furnished by a surety company authorized to write such bonds in the state, except in cases where a cash deposit is accepted by the city. (Ord. 783, 6-7-1993)
Notes
| 1 | 1. See title 4, chapter 1 of this code. |