Any person, the City of Kalispell, or federal, state, county,
school district or city government agency, may file an appeal when
aggrieved by a decision or interpretation made by the Zoning Administrator,
provided that the appeal is based on an allegation that:
(1)
The Zoning Administrator made an error in interpretation of these
regulations; and
(2)
The erroneous interpretation specifically aggrieves the appellant.
(Ord. 1677, 7-19-2010)
(1)
Appeals must be filed in the manner provided, and after payment of
fees as prescribed by the City Council, within 30 days from the time
the officer charged with enforcement of these regulations has made
a written interpretation or determination of these regulations.
(2)
No part of any such fee shall be returnable after an appeal is filed
and such fee is paid, except upon petition by the appellant and approval
by the Zoning Administrator. No fee paid for an action which is declared
closed or ruled invalid shall be refunded, provided that a refund
shall be allowed upon petition by the applicant if the Board rules
in favor of the applicant.
(3)
The appeal, fee, and supporting materials must be received in the
office of the Zoning Administrator at least 30 days prior to the next
regularly scheduled meeting of the Board.
(4)
The Zoning Administrator shall fix a reasonable time for the hearing
and give notice thereof to the parties of interest and the public
by publishing notice in a newspaper of general circulation in the
community, at least 15 days prior to such hearings.
(5)
Where an appeal concerns a particular piece of property, all property
owners within 150 feet of the subject property shall be notified by
mail at least 15 days prior to said hearing. (When the subject property
abuts a public right-of-way, the 150 foot measurement shall be in
addition to this right-of-way along the abutting side.)
(6)
The Zoning Administrator shall transmit any appeal with all supporting
materials to the Board of Adjustment within 3 days of the scheduled
public hearing.
(7)
An appeal under the terms of these regulations stays all proceedings
in the matter appealed from unless the Zoning Administrator certifies
to the Board of Adjustment that, by reason of the facts stated in
the certificate, a stay would, in his or her opinion, cause imminent
peril to life or property. In such case, proceedings shall not be
stayed, except by a restraining order granted by the Board hearing
the appeal or by a court of record on application and notice to the
Zoning Administrator from whom the appeal was taken and on due cause
shown.
(8)
Decisions of the Board of Adjustment shall be by motion. The basis
for the decision on each appeal, and a detailed summary of the facts
and basis supporting such determination shall be recorded in the decision
and shall constitute a part of the record thereof.
(9)
The concurring vote of 4 members of the Board shall be necessary
to reverse any order, requirement, decision, or determination of the
Zoning Administrator, or to decide in favor of the applicant on any
matter.
(10)
A hearing may be continued at the request of the applicant or upon
motion of the Board; provided however, that the granting of a continuance
is a matter of grace, resting solely in the discretion of the Board,
and a refusal to continue is not a denial of a right, conditional
or otherwise.
(11)
Decision on continuance of a hearing can be reached by a simple majority,
but must be made prior to voting on the application itself.
(Ord. 1677, 7-19-2010)
Appeals from the Board of Adjustment to a court of record are
governed by Section 76-2-327, MCA.
(Ord. 1677, 7-19-2010)
