Malta City Zoning Code
ADMINISTRATION
§ 156.020 ZONING ADMINISTRATOR.
(A) Designation of Zoning Administrator. A Zoning Administrator designated by the City Council shall administer and enforce this chapter. The Administrator may be provided with assistance of city personnel or departments as the City Council may direct.
(B) Duties of the Zoning Administrator.
(1) The Zoning Administrator shall receive applications for zoning permits and conditional use permits, review applications and plans, issue zoning permits and coordinate inspection of premises and properties.
(2) Where the Zoning Administrator finds that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal buildings or structural changes; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(Prior Code, § 17.12.010) (Ord. 390, passed - -1993)
§ 156.021 ZONING COMMISSION.
(A) The City Council shall establish a Zoning Commission and appoint members to the Commission.
(B) The Zoning Commission shall have the following duties:
(1) Review and recommend proposals for the amendment of this chapter and the official zoning map; and
(2) Review and approve applications for conditional use permits under the procedures set forth in §§ 156.235 through 156.237 of this chapter.
(Prior Code, § 17.12.020) (Ord. 390, passed - -1993)
§ 156.022 BOARD OF ADJUSTMENT.
(A) Board of Adjustment established. A Board of Adjustment (hereinafter referred to as “the Board”) is hereby established in accordance with M.C.A. §§ 76-2-321 through 76-2-328. The Board shall be comprised of five members appointed by the City Council, each for a term of three years, except that in the initial appointment, one member shall be appointed for a term of one year, two members for a term of two years and two members for a term of three years. Members of the Board may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies on the Board shall be filled by resolution of the City Council for the unexpired term of the member affected.
(B) Proceedings of the Board of Adjustment.
(1) The Board shall select one of its members as Chairperson and shall adopt rules necessary to conduct its affairs in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. Meetings shall be open to the public.
(2) The Board shall keep minutes of its proceedings, showing the vote of each member upon question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Board.
(C) Powers of the Board of Adjustment. The Board shall have the following powers:
(1) To authorize, upon application in specific cases, such variance from the requirements of this chapter specified below as will not be contrary to the public interest, where owing to special physical configurations of a property, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and that the spirit of this chapter shall be observed. More specifically, the Board may, after public notice and hearing, conditionally approve, deny or approve any request to modify the following requirements of this chapter:
(a) Setback requirements;
(b) Yard requirements;
(c) Area requirements;
(d) Height and width requirements;
(e) Parking requirements; and
(f) Loading requirements.
(2) Neither the non-conforming use of neighboring lands, structures or buildings in the same district, nor the permitted or non-conforming use of lands, structures or buildings in other districts are grounds for the issuance of a variance; and
(3) To grant a variance the Board must make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, will not be injurious to the neighborhood, is the minimum variance that will make possible the reasonable use of the land, building or structure, or otherwise be detrimental to the public welfare. In addition, the Board must determine:
(a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
(b) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(c) That the special conditions and circumstances do not result from the action of the applicant; and
(d) That granting the requested variance will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.
(D) Procedure of Board of Adjustment.
(1) Applications for a variance may be submitted to the Board of Adjustment by any person as provided by the rules of the Board, by filing with the Zoning Administrator an application for variance.
(2) The application for appeal must specifically set forth the grounds of the variance, as indicated on the application form.
(3) The Board shall fix a reasonable time for the hearing of appeal, shall give notice of the hearing at least seven days prior to the holding of a public hearing and shall notify by mail the property owner requesting the variance.
(4) At the hearing, any party may appear in person, or by agent or attorney.
(Prior Code, § 17.12.030) (Ord. 390, passed - -1993)
§ 156.023 APPEALS.
(A) Appeal to City Council.
(1) The City Council shall 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.
(2) In exercising this power, the City Council may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, decision or determination appealed and may make such order, decision or determination as deemed necessary and, to that end, shall have powers of the administrative official whose decision is appealed.
(B) Variances or appeals may not allow uses not permitted.
(1) Under no circumstances may the Board of Adjustment grant a variance, nor the City Council grant an appeal, that would allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in the district.
(2) The City Council may, at its discretion, modify or waive the requirements of § 156.209 of this chapter.
(C) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed, unless the administrative official from whom the appeal is taken, certifies to the Board of Adjustment after the notice of appeal is filed, that by reason of 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 other than by a restraining order which may be ordered by the Board or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
(D) Appeals from decisions of the Board of Adjustment or City Council.
(1) Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment or City Council, or any taxpayer, may present to a court of record a petition, duly verified, 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 30 days after the filing of the decision of the Board of Adjustment or City Council.
(2) Upon presentation of such petition, the court may allow a writ of certiorari directed to the Board or Council to review such decision of the Board or Council and shall prescribe therein the time within which a return thereto must be made and served upon the relator’s attorney, which may not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order.
(3) The Board or Council need not return the original papers acted upon by it, but may return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(4) If, upon hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his or her findings of fact and conclusions of law, which constitutes a part of the proceedings upon which the determination of the court will be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
(5) Costs shall not be allowed against the Board or Council unless it appears to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.
(Prior Code, § 17.12.040) (Ord. 390, passed - -1993)