A. The powers and duties of the board are set forth in Montana code 76-2-321 through 76-2-328, this chapter and rules of procedure adopted by the board.
B. The purpose of the board is to:
1. Hear and decide applications for appeals in which it is alleged that there is an error in an order, requirement, decision or determination made by the zoning administrator in the enforcement of these regulations.
2. Hear and grant or deny any application for a variance to the terms of the Whitefish zoning jurisdiction regulations, except where such regulations specifically limit the power of the board.
C. Decisions rendered by the board on applications for appeals and variances shall be made based upon written findings of fact establishing the reasons for each decision pursuant to the procedures for consideration established in either section 11-7-6 of this code, being the zoning jurisdiction regulations for appeals, or section 11-7-7 of this code, being the zoning jurisdiction regulations for variances. For each application whereupon the board renders a decision, the city clerk shall enter a copy of the findings of fact, along with the pertinent minutes of the board, into the public record.
D. The board of adjustment shall not by either variance or appeal process make any changes in the uses categorically permitted in any zoning classification or zoning district, or amend the zoning text or map. (Ord. 01-08, 3-5-2001)