A.   Authorization; Appointment: The Board of Adjustment is hereby authorized to be established in accordance with section 76-2-321 et seq., Montana Code Annotated. The word "Board" when used in this Section shall be construed to mean the Board of Adjustment. The said Board shall consist of five (5) members appointed by the Mayor and subject to confirmation of the City Council. (Ord. 203, 12-9-1983; amd. 2000 Code)

   B.   Term Of Office: Each of said members shall be appointed to hold office for a period of three (3) years and until his successor is appointed and qualified (with staggering terms).

   C.   Vacancies: Any vacancy shall be filled by appointment by the Mayor subject to confirmation by the City Council and shall be for the unexpired term of the retired member.

   D.   Compensation: All of the members of said Board shall serve without compensation.

   E.   Removal; Hearing: Board members shall not be subject to removal by either the Mayor or the City Council without cause. The members of said Board may be removed for cause by the Mayor upon written charges and after public hearing. (Ord. 203, 12-9-1983)

   A.   Appointment: 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. The City Zoning Official shall be at the disposal of the Board to receive the process applications of appeal and to give advice to said Board.

   B.   Office: The Board's office shall be that of the City and all files of said Board shall be held therein. (Ord. 203, 12-9-1983; amd. Ord. 253-99, 10-13-1998)

The Board shall set its operating rules in accordance with section 76-2-321 et seq., Montana Code Annotated, and shall have the following powers: (Ord. 203, 12-9-1983; amd. 2000 Code)

   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 this Chapter or of any ordinance adopted pursuant thereto.

   B.   Consider Variances:

      1.   To authorize upon appeal in specific cases such variance from the terms of this Title as will not be 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 shall be observed and substantial justice done.

      2.   More specifically, the Board may, after public notice and hearing, conditionally approve, deny, or approve any request to modify the following requirements of this Title:

         a.   Setback requirements;

         b.   Yard requirements;

         c.   Area requirements;

         d.   Height requirements;

         e.   Parking requirements;

         f.   Loading requirements.

   C.   Reverse An Order; Vote Necessary: The concurring vote of four (4) 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 on any matter upon which it is required to pass under this Title, or to effect any variation of this Title. (Ord. 203, 12-9-1983)

   A.   Application; Fee: Written applications for appeals or modifications (variance) shall be filed in the office of the Zoning Official. Notwithstanding any other provisions of this Title, the applicable 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. (Ord. 253-99, 10-13-1998)

   B.   Investigation Of Facts: The Board shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action of each such application is consistent with the intent and purpose of this Title. During time of appeal, all construction shall cease and shall not commence until such time of approval by the Board of Adjustment. (Ord. 203, 12-9-1983)

There shall be a hearing for each application of appeal or modification. Said notice shall contain pertinent information on said application and be published at least once in a newspaper having general circulation in the City (notice being at least 10 days prior to hearing date). Copy of notice shall be sent to applicant as well as the owners of record of all parcels within one hundred fifty feet (150') of the perimeter of a subject parcel and/or structure that is under consideration. (Ord. 203, 12-9-1983)

In approving applications of appeal or modifications, the Board shall designate such lawful conditions as will secure substantial protection for the public health, safety, and general welfare, and shall find as follows:

   A.   Such modifications will not be inconsistent with the intent and purpose of this Title and/or any adopted Master Plan.

   B.   Strict compliance with the provisions of this Title would create unnecessary hardship or unreasonable situation on a particular property due to unusual or extreme topography, unusual shape of the property, or the prevalence of similar conditions in the immediate vicinity of the property.

   C.   Such modifications will have minimal adverse effect on abutting properties or the permitted uses thereof.

   D.   The lawful conditions stated in the approval are deemed necessary to protect the public health, safety, and general welfare, which provisions may include:

      1.   A time period within which the proposed structures shall be erected.

      2.   Requiring landscaping and maintenance thereof.

      3.   Requiring the surfacing and marking of off-street parking and loading areas.

      4.   Any other conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purpose set forth in this Section. (Ord. 203, 12-9-1983)

Any approval under this Chapter shall be subject to the terms of the conditions designated in connection therein. (Ord. 203, 12-9-1983)

Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any taxpayer, and any officer, department, board or bureau of the Municipality, 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 in the office of the Board. (Ord. 203, 12-9-1983)

The decision of the Board of Adjustment shall be final except as provided in Section 11-18-8 of this Chapter, and if a zoning permit or occupancy 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. 203, 12-9-1983)