There is hereby created the "Board of Adjustment"
for the City of Kalispell in accordance to 76-2-321, MCA.
(Ord. 1677, 7-19-2010)
The membership of the Board of Adjustment shall consist of five
members having terms and qualifications as set forth by 76-2-322,
MCA. The members shall serve without compensation.
(Ord. 1677, 7-19-2010)
The Board of Adjustment shall have authority to:
(1)
Hear and decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by an administrative
official in the enforcement of this part or of any ordinance adopted
pursuant thereto; and
(2)
Authorize upon appeal in specific cases such variance from the terms
of the ordinance as will not be contrary to the public interest, where,
owing to special conditions, a literal enforcement of the provisions
of the ordinance will result in unnecessary hardship and so that the
spirit of the ordinance shall be observed and substantial justice
done.
(Ord. 1677, 7-19-2010)
The Board of Adjustment shall not by either variance or appeal
process make any change in the uses categorically permitted in any
zoning classification or zoning district; or amend the zoning text
or map.
(Ord. 1677, 7-19-2010)
(1)
Meetings of the Board shall be held at least once a month; provided,
there is business to transact and at such other times as the Chairman
of the Board may determine.
(2)
All regular Board meetings shall be open to the public.
(3)
The Board shall adopt its own rules of procedure and keep minutes
of its proceedings, findings and action in each case and the vote
of each member present on each question considered in the proceedings,
unless a member disqualifies him or herself.
(4)
The presence of four members shall be necessary to constitute a quorum.
(5)
Four affirmative votes shall be necessary for granting a variance
or appeal.
(6)
No proxy vote is permissible.
(Ord. 1677, 7-19-2010)
