Kalispell City Zoning Code
CHAPTER 27
32 VARIANCES
§ 27.32.010 Application.
Certain circumstances exist or arise wherein an unnecessary hardship is created through strict adherence to the provisions of these regulations. There is hereinafter provided provisions for the granting of a variance from the provisions of these regulations, so that the public welfare is secured, and substantial justice can be done to those so affected. Application procedures for a variance follow:
(1)
Application for a variance may be filed by any property owner or their designated agent for the affected property. The application must be for relief from land or building form design standards.
(2)
Such application shall be made on a form provided by the office of the Zoning Administrator. Multiple requests for variance for the same project may be filed on a single application and charged a single fee.
(3)
The completed application and fee as set by the City Council shall be submitted to the Zoning Administrator. No part of any such fee shall be refundable after an application is filed and such fee paid, except under petition by the applicant and approval by the Zoning Administrator. No fee paid for an action which is declared closed or ruled invalid shall be refunded.
(4)
The application must be submitted and considered prior to an application or in conjunction with an application for a zoning permit. Any zoning permit relying on the variance application shall not be issued until the variance application is approved, approved with conditions, or denied, and the zoning permit shall be in conformance with the determination on the variance.
(Ord. 1677, 7-19-2010; amd. Ord. 1950, 5-4-2026)
§ 27.32.020 Processing of Application.
(1)
The variance request shall be reviewed and determined by the Zoning Administrator. The Zoning Administrator's decision is final, and no further action may be taken except as provided in § 76-25-503, MCA.
(2)
Public notice and comment shall be provided pursuant to § 76-25-305, MCA. Pursuant to § 76-25-305(4), public notice and participation shall be provided in accordance with the City's adopted public participation plan.
(3)
The granting of a variance must meet all of the following criteria:
(a)
The variance is not detrimental to public health, safety or general welfare;
(b)
The variance is due to conditions peculiar to the property, such as physical surroundings, shape, or topographical conditions;
(c)
Strict application of the regulations to the property results in an unnecessary hardship to the owner as compared to others subject to the same regulations and is not self-imposed;
(d)
The variance will not cause a substantial increase in public costs; and
(e)
The variance will not place the property in nonconformance with any other regulations.
(4)
Additional criteria may apply if the variance is associated with a floodplain or floodway pursuant to the requirements of Title 76, Chapter 5, MCA.
(5)
In approving a variance, the Zoning Administrator may impose such conditions as are in its judgment necessary to promote the general provisions of these regulations.
(6)
A variance shall be valid indefinitely, provided it is exercised within one year of the date of issuance, or as otherwise provided for by the Zoning Administrator.
(Ord. 1677, 7-19-2010; amd. Ord. 1950, 5-4-2026)
§ 27.32.030 Appeal.
A final decision relative to a variance may be appealed pursuant to § 76-25-503, MCA.
(Ord. 1677, 7-19-2010; amd. Ord. 1950, 5-4-2026)
