A.

Authority
A Board of Adjustment is established as authorized by MCA §§ 76-2-321 through 76-2-328. The Board of Adjustment is responsible for conducting public hearings and making decisions in accordance with the procedures of this zoning ordinance and state law.

B.

Membership

1.

The Board of Adjustment must consist of seven regular members and two alternate members, all of whom must reside in the city.

2.

Members are appointed by the Mayor, with approval of the City Council.

3.

Alternate members may vote only in the absence of a regular member. The alternates must be designated as alternate #1 and alternate #2. If both alternate members are present at the meeting and there is the need for only one alternate to participate in a vote, alternate #1 will be the first alternate to assume voting status. If two alternates are required alternate #2 will assume voting status. Alternate member #2 may also vote whenever alternate #1 is not available and the vote of an alternate is needed. When called upon, alternates will assume all of the rights and responsibilities of regular members.

C.

Terms
Members of the Board of Adjustment serve terms set by the mayor, ranging from one to three years at the Mayor's discretion. In setting terms, the Mayor must attempt to stagger the expiration of board member terms to help ensure continuity. Board members may be reappointed.

D.

Operation

1.

The Board of Adjustment must establish a regular meeting schedule and make the schedule available to the general public.

2.

Special meetings may be called by the chairperson or by an affirmative vote of at least five members.

3.

The zoning officer is responsible for announcing meetings of the Board of Adjustment.

4.

The Board of Adjustment must adopt its own rules and bylaws, consistent with its powers and duties under the provisions of this zoning ordinance, the Municipal Code and state law. The zoning officer must file a copy of the bylaws in Development Services.

5.

The zoning officer must file Board of Adjustment decisions with the County Clerk and Recorder and keep a summary of all actions of the Board of Adjustment in the form of minutes or reports on the Board of Adjustment's decisions.

E.

Voting
A quorum of the Board of Adjustment requires the presence of at least five members. Unless otherwise expressly stated, action by the Board of Adjustment requires the concurring vote of at least four members.

F.

Staff Support
The Board of Adjustment is served primarily by the zoning officer, who acts as staff to the Board of Adjustment. It is the duty of other city departments to render such assistance as may be reasonably required or requested by the Board of Adjustment. See also 20.90.050 for a description of the zoning officer's powers and duties.

G.

Appeals of Board of Adjustment Decisions
Any person aggrieved by a decision of the Board of Adjustment may appeal the Board's decision to District Court. The appeal must be presented to the court within 30 days after the Board of Adjustment's decision is filed with the County Clerk and Recorder.

(Ord. 3609, 2018; Ord. 3439, 2010; Ord. 3410, 2009)

Editor's note— Ord. 3733, § 55, adopted March 25, 2024, repealed § 20.90.020 entitled "Design Review Board," which derived from: Ord. 3723, 2023; Ord. 3669, 2020; Ord. 3624, 2018; Ord. 3471, 2011; Ord. 3429, 2010; and Ord. 3410, 2009. Interim provisions of Ord. 3733 expire March 25, 2025. The expiration date of said provisions were extended by Ord. 3769, 2025 to expire March 24, 2026.

A.

Authority

1.

General
A Historic Preservation Commission is established for the following general purposes:

a.

Reviewing and commenting on the conduct of land use, housing and redevelopment, municipal improvement, and other types of planning and programs undertaken by city, county, state or federal agencies, as they relate to historic resources;

b.

Reviewing and administering guidelines and standards to be used by the Historic Preservation Commission and the historic preservation officer in reviewing applications for historic preservation permits in historic district overlay zones and areas of influence;

c.

Recommending to the City Council the purchase of fee or less than fee (easements) interests in properties for purposes of historic resource preservation;

d.

Providing all interested parties with information available on surveys, technology, and funding sources needed to promote historic resource preservation;

e.

Preserving, restoring, maintaining or operating historic properties under the ownership of the Historic Preservation Commission;

f.

Reviewing applications, permits and environmental impact statements pertaining to historic resources or historic districts;

g.

Approving or disapproving applications for historic preservation permits as outlined in 20.25.070.F;

h.

Rendering advice and guidance upon request of the property owner regarding restoration, alteration, decoration, landscaping or maintenance of any historic resource;

i.

Performing all other duties imposed or authorized by this zoning ordinance or the Municipal Code; and

j.

Delegating appropriate responsibility to the historic preservation officer.

2.

Specific
The Historic Preservation Commission has the duty and authority to:

a.

Review and comment on actions that impact historic resources, including:

(1)

City, state and federal planning programs;

(2)

Environmental assessments, environmental impact statements and other similar documents;

(3)

Rezonings and amendments to this zoning ordinance;

(4)

Zoning variance applications; and

(5)

Subdivision plats and other development proposals.

b.

Consult with the city regarding the acquisition of:

(1)

Eligible or listed historic resources;

(2)

Easements or other less-than-fee-simple interests in historic resources; and

(3)

Rights of first refusal to purchase historic resources.

c.

Provide the public with informational, educational and interpretative programs regarding historic preservation; and

d.

Apply for and receive funding to further the city's historic preservation goals.

B.

Membership
The Historic Preservation Commission is a nine-member board, consisting of seven regular members and two alternates, and must have the following composition:

1.

There must be a Historic Preservation Commission member from the downtown geographic region designated on the Historic Preservation Commission Geographic Region Map on file at Development Services. This member may either reside or work in that region and be appointed by the City Council.

2.

There must be three "at-large members" of the Historic Preservation Commission, who may reside in either the city or the unincorporated county and be appointed by the City Council.

3.

There must be three "professional members" of the Historic Preservation Commission. Professional members may reside in either the city or the unincorporated county and be appointed by the City Council. All professional members must possess professional experience in such fields as architecture, history, architectural history, landscape architecture, archeology, city planning, preservation law, historic preservation, American studies, cultural geography, or cultural anthropology or a closely related field. Professional members must, to the extent possible, meet the Secretary of Interior's Professional Qualification Standards found at 36 C.F.R. 61 and the standards listed in the Montana Certified Local Government Manual.

4.

There must be two "at-large alternate members" of the Historic Preservation Commission and be appointed by the City Council with the designation of Alternate 1 or Alternate 2. Alternate members are eligible and encouraged to apply for vacant positions on the board for which they qualify. Alternate members will be called with Alternate 1 being called first and Alternate 2 being called second to serve as a regular voting commission member under the following circumstances:

a.

In the absence of any commission member; or

b.

In the event of a board vacancy whereupon the board member chooses not to continue until a successor is appointed by City Council.

C.

Terms
A Historic Preservation Commission member's term runs for three years, and appointments must be staggered. Members of the Historic Preservation Commission will not be compensated for their services, although members may be reimbursed for expenses incurred in fulfilling their powers and duties under this section.

D.

Operation

1.

The Historic Preservation Commission must establish a regular meeting schedule and make the schedule available to the general public.

2.

Special meetings may be called by the chairperson or by simple majority vote of the Historic Preservation Commission.

3.

The historic preservation officer is responsible for announcing meetings of the Historic Preservation Commission.

4.

Commission hearings must be:

a.

Noticed by publication in a local newspaper of general circulation at least 15 days before the meeting. Such notice must include the date, place, time and purpose of the meeting;

b.

Open to the public in accordance with applicable state law; and

c.

Held with a quorum consisting of at least a majority of the commission membership.

5.

The Historic Preservation Commission must adopt its own rules and bylaws, consistent with its powers and duties under this zoning ordinance, the Municipal Code and state law. The historic preservation officer must file a copy of the bylaws in Development Services.

6.

The historic preservation officer must keep a summary of all actions of the Historic Preservation Commission in the form of minutes or reports.

E.

Voting
A quorum of the Historic Preservation Commission requires the presence of at least four members. Unless stated otherwise, action by the Historic Preservation Commission requires a simple majority vote of those commission members present and voting.

F.

Staff Support
The Historic Preservation Commission is served primarily by the historic preservation officer, who acts as staff to the Historic Preservation Commission. It is the duty of other city departments to render such assistance as may be reasonably required or requested by the Historic Preservation Commission. See also 20.90.060 for a description of the historic preservation officer's powers and duties.

Codifier's Note: On June 15, 2016, a cross reference in Section 20.90.030.G was corrected from 20.85.080.P to 20.85.085.P to reflect the actual language in Ordinance 3511.

G.

Appeals of Historic Preservation Commission Decisions
Decisions of the historic preservation officer and decisions of the Historic Preservation Commission may be appealed in accordance with section 20.85.085.P.

(Ord. 3591, 2017; Ord. 3511, 2013; Ord. 3471, 2011; Ord. 3439, 2010; Ord. 3410, 2009)

A.

Authority
A Planning Board is established for the purpose of carrying out the following powers and duties:

1.

Serving as the zoning commission, as provided in MCA § 76-2-307;

2.

Making recommendations to the City Council on all matters relating to the adoption or amendment of the Growth Policy and any other planning document designed to be a guide for the orderly development of the community and on any other matter referred to it by the City Council;

3.

Making recommendations to the City Council on all ordinances and resolutions adopted for the purpose of regulating land use, zoning and development; and

4.

Conducting public hearings and making recommendations to the City Council in accordance with the procedures of this zoning ordinance.

B.

Membership
The Planning Board must consist of the following members:

1.

Two citizen members who reside within the city limits, to be appointed by the Mayor;

2.

Two citizen members who reside within the city limits, to be appointed by the City Council;

3.

One alternate citizen member who resides within the city limits, to be appointed by the City Council;

4.

Two citizen members who reside outside the city limits but within the urban growth area, to be appointed by the County Commission;

5.

Two citizen members who reside outside of the urban growth area, to be appointed by the County Commissioners;

6.

One alternate citizen member who resides anywhere in the unincorporated county, to be appointed by the County Commissioners; and

7.

One citizen member who resides either within the city limits or the unincorporated county, to be appointed by the Planning Board.

C.

Terms
Members of the Planning Board serve terms of three years, and may be reappointed.

D.

Operation

1.

The Planning Board must establish a regular meeting schedule and make the schedule available to the general public.

2.

Special meetings may be called by the chairperson or by simple majority vote of the Planning Board.

3.

The zoning officer is responsible for announcing meetings of the Planning Board.

4.

The Planning Board must adopt its own rules and bylaws, consistent with its powers and duties under this zoning ordinance, the Municipal Code and state law. The zoning officer must file a copy of the bylaws in Development Services.

5.

The zoning officer must keep a summary of all actions of the Planning Board in the form of minutes or reports.

E.

Voting
Action by the Planning Board requires a simple majority vote of those Planning Board members present and voting.

F.

City Staff Support
The Planning Board is served primarily by the zoning officer, who acts as staff to the Planning Board. It is the duty of other city departments to render such assistance as may be reasonably required or requested by the Planning Board. See also 20.90.050 for a description of the zoning officer's powers and duties.

(Ord. 3471, 2011; Ord. 3439, 2010; Ord. 3410, 2009)

A.

Appointment
The director of Development Services is the zoning officer.

B.

Powers and Duties
The zoning officer has the authority and responsibility to:

1.

Maintain files and records to document fee receipts, the issuance of permits, petitions, agendas, minutes, record of public hearings, and other matters relating to zoning within the city. Such files and records must be available and open for public inspection during regular business hours, unless otherwise determined by the city attorney;

2.

Receive, process and collect fees for processing development and permit applications;

3.

Publish notice of required public hearings, as required by this zoning ordinance, the Municipal Code and applicable state statutes;

4.

Prepare materials necessary for the Planning Board, Board of Adjustment, Design Review Board, or the City Council to properly conduct meetings and public hearings in the administration of this zoning ordinance;

5.

Provide written recommendations in accordance with the review procedures of Chapter 20.85 and provide background information supporting staff's recommendations;

6.

Make decisions on matters on which the zoning officer is authorized to act in accordance with the review procedures of Chapter 20.85 and provide background information supporting the decision;

7.

Coordinate with the building inspection division and the county zoning officer on matters relating to the requirements of zoning districts within the building permit jurisdictional area and, in matters of annexation, facilitate the smooth transition of land uses from one jurisdiction's zoning district to another;

8.

Properly file all materials and documents relating to zoning within the city with the city clerk and County Clerk and Recorder, as required by applicable state statutes;

9.

Act as staff for the Planning Board, the Board of Adjustment, the Design Review Board, and the City Council;

10.

Provide zoning information to the public, government agencies and officials;

11.

Interpret this zoning ordinance;

12.

Promote substantive and procedural uniformity in the administration of this zoning ordinance;

13.

Where ambiguity in the interpretation of this zoning ordinance arises, issue zoning officer opinions that serve to clarify the intent of these regulations, subject to the review and approval of the director of Development Services and the review and approval of the city attorney;

14.

Forward copies of all zoning officer opinions to the City Council;

15.

Conduct investigations of alleged zoning violations and where appropriate make a referral to the city attorney;

16.

Conduct inspections in the performance of duties;

17.

Initiate regular maintenance of and updates to the zoning ordinance; and

18.

Issue final zoning compliance certificates.

(Ord. 3439, 2010; Ord. 3410, 2009)

A.

Appointment
The director of Development Services must appoint a historic preservation officer who demonstrates interest, competence, and knowledge in historic preservation and who has an educational background or professional experience in history, planning, archaeology, architecture, architectural history, historic archaeology, or a closely related field.

B.

Powers and Duties
The historic preservation officer must assist the Historic Preservation Commission in fulfilling its powers and duties by:

1.

Coordinating local historic preservation programs;

2.

Conducting and updating historic preservation surveys;

3.

Maintaining and keeping records relating to nominations, designation, historic preservation permits, alternative compliance applications and permits, other permits and Historic Preservation Commission actions; and

4.

Providing advice and education to the public regarding:

a.

Historic preservation;

b.

Designation process;

c.

Certificate of appropriateness process; and

d.

Alternative Compliance process.

5.

Maintaining written minutes of all public meetings of the Historic Preservation Commission, including a summary of relevant testimony and Historic Preservation Commission discussion preceding any actions taken by the Historic Preservation Commission at their meetings.

(Ord. 3471, 2011; Ord. 3439, 2010; Ord. 3410, 2009)