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Kalispell City Zoning Code

CHAPTER 27

30 BOARD OF ADJUSTMENT

§ 27.30.010 Creation.

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)

§ 27.30.020 Membership.

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)

§ 27.30.030 Powers and Duties.

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)

§ 27.30.040 Limitations of Power.

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)

§ 27.30.050 Meeting Procedures.

(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)