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The director of building and safety is hereby designated and charged with the duty of administering and enforcing the provisions of this chapter. The duties of the director of building and safety shall include that of hearing and deciding all permits under the applicable section, but the director of building and safety shall not have or exercise any of the powers or duties delegated to the airport board of adjustment. (Ord. 2359, 5-20-1985)
A. There is hereby created, under sections 67-6-206 and 76-2-321 through 76-2-328, Montana Code Annotated, an airport board of adjustment which shall possess and exercise the following powers:
1. To hear and decide appeals from any order, requirement, decision, or determination made by the joint city-county airport board in the enforcement of this chapter.
2. To hear and decide special exceptions to the provisions of this chapter upon which said airport board of adjustment under such provisions may be required to pass.
3. To hear and decide specific variances.
B. The airport board of adjustment shall consist of five (5) members, three (3) members appointed by the Lewis and Clark County commission and two (2) members appointed by the Helena city commission. Each member shall serve for a term of three (3) years and until a successor is duly appointed and qualified. Members may only be removed by the appointing authority for cause upon written charges after a public hearing. No member of the airport board of adjustment shall be a member of the joint city-county airport board.
C. The airport board of adjustment shall adopt rules for its governance and procedure consistent with the provisions of this chapter. Meetings of the airport board of adjustment shall be held at the call of the chairperson and at such other times as the airport board of adjustment may determine. The chairperson may administer oaths and compel the attendance of witnesses. All members of the airport board of adjustment shall be present at variance hearings. All hearings of the airport board of adjustment shall be public. The airport board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record.
D. The airport board of adjustment shall make written findings of fact and conclusions of law, giving the facts upon which it acted and its legal conclusions from such facts, in reversing, affirming, or modifying any order, requirement, decision or determination which comes before it under the provisions of this chapter.
E. The concurring vote of four (4) members of the airport board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the joint city- county airport board, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to grant any variance from the provisions or requirements of this chapter. (Ord. 2359, 5-20-1985)
A. Any person aggrieved, or any taxpayer affected, by any decision of the joint city-county airport board made in the administration of this chapter, may appeal to the airport board of adjustment.
B. All appeals hereunder must be taken within a reasonable time, as provided by the rules of the airport board of adjustment, by filing with said board a notice of appeal specifying the grounds thereof. The airport board of adjustment shall, within a reasonable time, hear said appeal. The board shall give public notice of each such hearing, provide due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear personally or by agent or attorney.
C. The airport board of adjustment may modify, reverse or affirm, in whole or in part, the order, requirement, decision or determination appealed from and may make such order, requirement decision, or determination as may be appropriate under the circumstances. (Ord. 2359, 5-20-1985)
Where an area or location is subject to more than one height limitation under this chapter, or where there exists a conflict between any of the regulations or limitations prescribed by this chapter any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent or restrictive limitation or requirement shall govern. (Ord. 2359, 5-20-1985)