The board of adjustment is hereby established to act on appeal and variance applications as herein detailed. Said board [shall] consist of five members appointed by the mayor for three year terms (with staggering terms) and subject to confirmation by the city council.

Pursuant to Section 76-2-321, M.C.A., the City of Libby hereby reserves to itself the power to act as the board of adjustment.

(Ord. 1359, 1987)

(Ord. No. 1888, 12-19-2016)

Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall adopt its own rules of procedure and keep a record of its procedures, showing the action of the board and the vote of each member, upon each question considered, or if absent or failing to vote, indicating such fact.

(Ord. 1359, 1987)

At the first meeting each year, the board shall appoint one (1) of its members to serve as chairman and one (1) member to serve as vice chairman.

The board's office shall be that of the city hall and files of said board shall be held therein.

(Ord. 1359, 1987)

The board shall set its operating rules in accordance with Section 76-2-321, M.C.A., and shall have the following powers:

A.

To 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 chapter or any amendment thereto.

B.

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

More specifically, the board may, after public notice and hearing, approve, conditionally approve, or deny any request to grant variances from the following requirements of this chapter:

1.

Setback requirements;

2.

Yard requirements;

3.

Area requirements;

4.

Height requirements;

5.

Parking requirements;

6.

Fence and hedge; and

7.

Sign requirements - area, location and height.

C.

The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirements, decisions, or determination of any administrative official, or to decide in favor of the applicant or any matter upon which it is required to pass under this chapter, or to effect any variation of this chapter.

(Ord. 1359, 1987)

Written applications for appeals or variances shall be filed in the office of the building inspector. Notwithstanding any other provisions of this chapter, a filing fee shall be paid to the city upon filing of each application for the purpose of defraying expenses incidental to proceedings. No application will be regarded as having been filed until such fee has been paid. The amount of the filing fee shall be set by resolution of the city council.

The board of adjustment shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this chapter. Such investigation shall include inquiry to and invitation to comment from the City of Libby Planning Board. During time of appeal all construction shall cease and shall not commence until approved by the board of adjustment.

(Ord. 1594 § 119, 2002: Ord. 1359, 1987)

(Ord. No. 1888, 12-19-2016)

There shall be a hearing for each application of appeal or variance. Said hearing shall be held at an appointed time and place. Testimony shall be taken by the board of adjustment from persons interested in said application.

Notice of hearing shall be published once in a newspaper of general circulation within the city at least fifteen (15) days prior to the hearing date.

(Ord. 1359, 1987)

Before any variance can be granted, the board of adjustment shall make findings of fact setting forth and showing that the following circumstances exist:

A.

In considering all proposed variances to this chapter, the board shall, before making any findings in a specified case, first determine that the proposed variance will not amount to a rezone and constitute a change in the district boundaries shown on the official zoning map.

B.

That special conditions and circumstances exist which are peculiar to the land such as size, shape, topography, or location, not applicable to other lands in the same district and that literal interpretation of the provisions of this chapter would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the same district under the terms of this chapter.

C.

That the special conditions and circumstances do not result from the actions of the applicant.

D.

That granting the variance requested will not confer a special privilege to subject property that is denied other lands in the same district.

E.

That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated.

F.

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land.

G.

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

H.

The fact that property may be utilized more profitably will not be an element of consideration before the board of adjustment.

(Ord. 1359, 1987)

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this chapter shall not be violated. Violation of such conditions and safeguards when made part of the terms under which the variance is granted shall be deemed a violation of this chapter and punishable under Section 17.38.130, Penalties.

(Ord. 1359, 1987)

With respect to uses of lands, buildings and other structures, this chapter is declared to be a definition of the public interest by the city council, and the spirit of this chapter will not be observed by any variance which permits a use not generally permitted in the district involved, or any use expressly or by implication prohibited by terms of this chapter in said district. Therefore, under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

(Ord. 1359, 1987)

Any person or persons, jointly or severally aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the municipality, may present to the city council a verified 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 city council within thirty (30) days after the filing of the decision in the office of the board of adjustment.

(Ord. 1359, 1987)

The decision of the board of adjustment shall be final except as provided in Section 17.36.100 and if a building permit or land use permit is not obtained for the subject property within six (6) months from the date of the board's decision, the variance shall be automatically cancelled and become null and void.

(Ord. 1359, 1987)