In order to avail itself of the powers authorized in title 76, chapter 2, part 3, Montana Code Annotated, the city of Lewistown, by resolution, has required the city-county planning board to function as the zoning commission; such action has been authorized by section 76-1-108, Montana Code Annotated. The city- county planning board, acting as the zoning commission, shall have the power and duty to hold public meetings and make recommendations to the city commission on all requests to amend, supplement, change, modify or repeal the regulations, restrictions and boundaries in zoning districts. The zoning commission, in conjunction with the application process, shall prepare a preliminary report, after which a public hearing shall be held. A final report shall be prepared and transmitted to the city commission prior to city commission action. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

   (A)   Governing/Advisory Board Initiated Action: This title, including the official zoning map, may be amended from time to time by the city commission. Such amendment may be initiated by the city commission itself or by the Lewistown zoning commission. In either case, such proposal for amendment shall be reviewed by the zoning commission which shall, after public hearing, forward a final report to the city commission. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

   (B)   Property Owners/Contract Purchasers/Agents Initiated Action: Amendments may also be initiated by property owners, contract purchasers or agents of either regarding property in which such person has an interest. Whenever such person desires a reclassification of such property or a change in regulations applicable thereto, he may file an application with the Lewistown zoning commission. Such application shall require the submission of information deemed necessary by the zoning commission. The application form and the informational requirements therein may be changed from time to time by the zoning coordinator upon approval by the zoning commission. Applications for amendment affecting the same property shall not be submitted more often than once every twelve (12) months.

An application for amendment shall be made at least twenty (20) days prior to the date of the regularly scheduled public meeting before the zoning commission. An application may not be withdrawn or amended by the applicant after the legal advertising as required by this section has appeared. However, the zoning commission may, by a two-thirds (2/3) vote of all members, allow an application to be withdrawn without prejudice prior to the public hearing with respect to the twelve (12) month limitation of this chapter.

   (C)   Zoning Commission Study And Responsibility: The zoning coordinator, upon receiving an application for amendment, shall do the following:

      1.   Consult with other departments of the city or county to fully evaluate the impact of any amendment upon public facilities and services including, but not limited to, schools, drainage, traffic and related facilities.

      2.   Study each application with reference to its appropriateness and effect on existing and proposed land use and references to the Lewistown comprehensive plan.

      3.   In the case of protest petition filed in the matter of any application, determine the validity of such petition.

      4.   Advertise in a newspaper of general circulation, fifteen (15) days in advance, the date, time and place of the public hearing.

      5.   Notify the applicant or his authorized agent, by mail, five (5) working days prior to the date of the public hearing of the time and place of such hearing.

      6.   Notify, if applicable, all property owners within three hundred feet (300') of the exterior boundaries of the property which would be affected, by mail, of the date, time and place of the public hearing and the issue to be considered. The zoning coordinator may notify property owners within a radius of more than three hundred feet (300') if she/he determines that the proposed use of the property would have substantial impact upon surrounding land uses.

      7.   Report his/her findings and conclusions in writing to the Lewistown zoning commission. This report shall be a matter of public record.

   (D)   Zoning Commission Action: The zoning commission shall adopt such rules and regulations for the conduct of public hearings and meetings, which shall be published and available to the public, as well as conflict of interest rules to ensure that no member is entitled to vote on a matter in which she/he has a direct or indirect interest. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

The zoning commission shall review and take action upon each application in accordance with the provisions of this chapter. Each application shall be presented to the zoning commission by the zoning coordinator together with his/her findings and conclusions on the matter. A report of the zoning commission's recommendations and the zoning coordinator's findings and conclusions shall be submitted to the city commission. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

The zoning commission shall review each amendment to the Lewistown zoning title based on the 12-point test consistent with the purposes of zoning described in section 76-2-304, Montana Code Annotated. Will the amendment:

      1.   Be designed in accordance with the comprehensive plan?

      2.   Contribute towards reducing congestion in the streets?

      3.   Secure safety from fire, panic and other dangers?

      4.   Promote health and general welfare?

      5.   Provide adequate light and air?

      6.   Prevent overcrowding of land?

      7.   Avoid undue concentration of population?

      8.   Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?

      9.   Consider the character of the district?

      10.   Consider the peculiar suitability of the property for particular uses?

      11.   Conserve the value of buildings?

      12.   Encourage the most appropriate use of land throughout the city? (Ord. 1576, 5-1-1989, eff. 6-15-1989)

The zoning commission shall make a recommendation to the city commission, supported by its reasons. The recommendation shall be either for an approval or denial of the proposed amendment. The zoning commission may delay its action on an application in appropriate circumstances; however, such delay shall not exceed thirty (30) days.

   (E)   City Commission Public Hearing: Before taking action on an application for an amendment to the official zoning map and after presentation of the zoning commission report, the city commission shall hold a public hearing on the application. Notice of the hearing shall be published in the official newspaper of the city at least fifteen (15) days prior to the time set for the public hearing. The notice shall specify the date, time and place of hearing on the application, the issue to be considered, and the substance of the recommendation of the zoning commission.

In case of a valid protest petition against such amendment signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred fifty feet (150') therefrom or of those adjacent on either side thereof within the same block, or of those directly opposite thereof extending one hundred fifty feet (150') from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the city commission.

When such proposed amendment has been denied by the city commission, neither it nor one involving the same tract(s) shall be offered for adoption within one year after such denial. If such amendment involves a change in the district classification of any property and such amendment is granted by the city commission, notice of such decision shall be sent to the building inspector, who shall conform the official zoning map to the decision rendered. If such amendment requires a change in terms of this title, such shall be accomplished in accordance with procedures for the enactment of ordinances. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

When a parcel of land lying outside the corporate limits of the city of Lewistown is annexed to the city of Lewistown, the property shall be zoned. Any changes or amendments regarding such property can occur through the amendment procedure specified in section 11-13-2 of this chapter. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

There is hereby created for the city of Lewistown, a board of adjustment, as provided by statute, consisting of five (5) members appointed by the city manager, subject to the confirmation of the city commission. Members shall be appointed for a term of three (3) years. Vacancies shall be filled for the unexpired terms of any members whose terms are interrupted for any reason. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1663, 1-3-2000; Ord. 1664, 1-3-2000)

   (A)   Powers And Duties: The board of adjustment shall have the following powers:

      1.   To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or interpretation of this title or of any resolution adopted pursuant thereto.

      2.   To authorize upon appeal in specific cases such variances from the terms of this title as will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship, and so that the spirit of the title shall be observed and substantial justice done.

   (B)   Decisions, Appeals, Rehearing: In exercising the above mentioned powers, the board of adjustment may, in conformity with the provisions of this title, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination and to that end shall have all the powers of the office from whom the appeal is taken.

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under such resolution, or to effect any variation in the application of this title.

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment may present to a court of record a petition setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board.

If an application for a variance is denied by the board of adjustment, another application shall not be filed until a period of one year from the date of denial has elapsed, except initiation of the board of adjustment after demonstrating a change in circumstances which would warrant a rehearing.

   (C)   Proceedings Of The Board Of Adjustment: Meetings of the board shall be held whenever the chairperson schedules them and at such other time as the board may determine. The chairperson or, in his/her absence, the acting chairperson may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

The board shall keep minutes of their proceedings, showing the vote of each member, or if absent or abstaining from voting shall indicate, and shall keep records of its examinations and other official actions, all of which shall be a public record and shall be filed in the office of the city-county planning board. The official minutes of the board's proceedings shall be signed by the chairperson or acting chairperson and shall be attested by the recording secretary. The decision of the board shall become effective immediately, unless otherwise directed by the board.

   (D)   Hearings, Appeals, Notices: Appeals to the board of adjustment may be taken by any aggrieved person or by any officer, department, board or bureau of the city affected by any decisions of an administrative official made in regard to the enforcement of this title. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the administrative official from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The administrative official from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the appealed action was taken.

The board of adjustment shall fix a reasonable time for hearing the appeal, not to exceed thirty (30) days; give public notice thereof as well as due notice to the parties in interest; and render a decision within a reasonable time not to exceed ten (10) days thereafter. At the hearing, any party may appear in person or by agent or by attorney.

   (E)   Appeals, Stay Of Proceedings: An appeal stays all proceedings in furtherance of the appealed action, unless the administrative official from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal has been filed with him/her, that by reason of facts stated in the certificate, a stay would in his/her opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by a restraining order, which may be granted by the board of adjustment or by a court of record on application, on notice of the administrative official from whom the appeal is taken, and with due cause shown. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

The board of adjustment shall have the authority to grant a variance from the terms of this title in specific cases when it is found that the granting of the variance will not be contrary to the public interest and where, because of special conditions with respect to the lot shape or topography, a literal enforcement of the provisions of this title would result in unnecessary hardship. Economic conditions shall not constitute hardship.

   (A)   Application: An application for a variance shall be filed with the zoning coordinator. It shall include, but is not limited to:

      1.   Name and address of the owner(s) of the land subject to the variance and their agents, if any.

      2.   Legal and general description of the tract(s) upon which a variance is sought.

      3.   Plans drawn to scale showing: a) lot dimensions, b) locations/dimensions of existing buildings on the lot, c) locations/dimensions of proposed buildings or alterations, if applicable, and d) property relation to adjoining property.

      4.   Zoning district classification.

      5.   Reason for the variance.

      6.   Variance history of the property.

      7.   Any other information deemed necessary by the zoning coordinator.

The application shall be submitted at least twenty (20) days prior to the date of the public hearing and shall be accompanied with payment of all applicable fees.

An application for a variance may not be withdrawn or amended by the applicant after the legal advertising as required by this section has first appeared. However, the board of adjustment, may by a two-thirds (2/3) vote of all members, allow the application to be withdrawn without prejudice prior to the public hearing with respect to the twelve (12) month limitation of this chapter.

   (B)   Board Of Adjustment Study And Responsibility: The zoning coordinator, upon receiving an application for variance, shall do the following:

      1.   Consult with other departments of the city or county to fully evaluate the impact of any variance upon public facilities and services including, but not limited to, schools, drainage, traffic and related facilities.

      2.   Study each application with reference to its appropriateness and effect on existing and proposed land use and references to the Lewistown comprehensive plan.

      3.   In the case of protest petition filed in the matter of any application, determine the validity of such petition.

      4.   Advertise in a newspaper of general circulation, fifteen (15) days in advance, the date, time and place of the public hearing.

      5.   Notify the applicant or his authorized agent, by mail, five (5) working days prior to the date of public hearing of the time and place of such hearing.

      6.   Notify all property owners within three hundred feet (300') of the exterior boundaries of the property which would be affected, by mail, of the date, time and place of the public hearing and the issue to be considered. The zoning coordinator may notify property owners within a radius of more than three hundred feet (300') if she/he determines that the proposed use of the property would have a substantial impact upon surrounding land uses.

      7.   Report his/her findings and conclusions in writing to the board of adjustment. This report shall be a matter of public record.

   (C)   Board Of Adjustment Action: The board of adjustment, before it grants a variance, shall determine compliance with all of the following criteria:

      1.   That special conditions and circumstances exist which peculiar to the land, lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.

      2.   That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other tract(s) in the same district.

      3.   That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other land in the same district and is the minimum variance that would alleviate the hardship.

      4.   That the granting of the variance will be in harmony with the general purpose and intent of this title and with the Lewistown comprehensive plan.

In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms which the variance is granted, shall be deemed a violation of this title.

The board shall prescribe a time limit for commencing and/or completing an action for which a variance is requested. Failure to begin and/or complete such action within the time limit set shall void the variance.

The board shall not grant a variance to allow a use not permissible under the terms of this title in the zoning district involved. (Ord. 1576, 5-1-1989, eff. 6-15-1989)