The Board of Adjustment is established to act on appeal and variance applications as detailed in this Chapter. The Board shall consist of five (5) members appointed by the Mayor for three (3) year terms (staggering terms), subject to confirmation by the Town Council. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

   A.   Officers: At the first meeting each year, the Board shall appoint one of its members to serve as chairman and one member to serve as vice chairman.

   B.   Zoning Administration: The Zoning Administrator shall be at the disposal of the Board to receive and process applications of appeal and variance and to give advice to the Board.

   C.   Office: The Board’s office shall be that of the Town Hall and all files of the Board shall be held therein. (Ord. 253, 12-1-1998; amd. Ord. 24-004, 5-9-2024; Ord. 25-001, 6-12-2025)

   The Board shall set its operating rules in accordance with Montana Code Annotated sections 76-2-321 through 76-2-328, and shall have the following powers:

   A.   Hear And Decide Appeals: 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 the provisions of this Title, or any amendment thereto.

   B.   Authorize Variances: To authorize variances from the terms of this Title that are not contrary to the public interest, 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 this Title be observed and substantial justice done. The Board may, after public notice and hearing, approve, conditionally approve, or deny any request to grant variances.

   A.   Hearing Required: There shall be a hearing for each application of appeal or variance. The hearing shall be held at the appointed time and place. Testimony shall be taken by the Board of Adjustment from persons interested in such application.

   B.   Notice Of Hearing: Notice of hearing shall be published once in a newspaper of general circulation within the Town at least fifteen (15) days and not more than thirty (30) days prior to the hearing date. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

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.   Rezone: In considering all proposed variances to this Title, the Board shall, before making any finding 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.   Special Conditions And Circumstances: 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 Title would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the same district under the terms of this Title.

   C.   Actions Of Applicant: The special conditions and circumstances do not result from the actions of the applicant. This includes a failure to complete due diligence in the purchase of any property reviewed for a variance.

   D.   No Special Privilege: Granting of the variance will not confer a special privilege to subject property that is denied other lands in the same district.

   E.   Not Detrimental To Public Welfare: 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.   Reasonable Use Of Land: 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.   Harmony With Intent Of Title: 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 Title and the district in which it is located.

Before any appeals can be granted the Board of Adjustment shall make findings of fact setting forth and showing that any one of the following circumstances exist:

   A.   Misinterpretation of this Title: In considering an appeal of a decision of the zoning administrator or building official the Board of Adjustments shall find that the zoning administrator or building official made an interpretation of this title that is inconsistent with the plain reading of this text.

   B.   Error on part of the Building Official or Zoning Administrator: The Board of Adjustments finds that the building official or zoning administrator made an error in their decision.

   C.   Incomplete Review: The Board of Adjustments finds that the building official or zoning administrator decision occurred without properly reviewing all elements of the decision that was made.

   D.   Injurious to Adjacent Landowners or Applicant: The Board of Adjustment finds that a decision made by the building official or zoning administrator was injurious to adjacent landowners or the applicant.

   E.   Public Welfare and Safety: The Board of Adjustments finds that a decision made by the building official or zoning administrator was contradictory to the general welfare and safety of the public.

   F.   Harmony with Intent of Title: The Board of Adjustments finds that a decision made by the building official or zoning administrator was not harmonious with the intent of this title or any additional titles of the Manhattan Town Code. (Ord. 24-004, 5-9-2024; amd. Ord. 25-001, 6-12-2025)

   In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this Title 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 Title and punishable under Section 10-1-3 of this Title.

   With respect to uses of land, buildings and other structures, this Title is declared to be a definition of the public interest by the Town Council, and the spirit of this Title 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 Title in the 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 Title in such district.

(Ord. 253, 12-1-1998; amd. Ord. 24-004, 5-9-2024; Ord. 25-001, 6-12-2025)

   Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any officer, department, board or bureau of the Town, 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 thirty (30) days after the filing of the decision of the office of the Board.

(Ord. 253, 12-1-1998; amd. Ord. 24- 004, 5-9-2024; Ord. 25-001, 6-12-2025)

   The decision of the Board of Adjustment shall be final except as provided in Section 10-3-4-7 of this Chapter and if a zoning 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 canceled and become null and void.

(Ord. 253, 12-1-1998; amd. Ord. 24-004, 5-9-2024; Ord. 25-001, 6-12-2025)