(a)

This chapter is adopted:

(1)

To establish procedures for granting relief from the requirements of this chapter subject to the standards of this chapter in order to preserve equitable implementation of the law, prevent special treatment to particular parties and preserve the various rights established by the Montana and United States constitutions of all person's subject to this chapter.

(2)

To provide through appeals of administrative interpretations a procedure for consideration of and resolution of disputes regarding the meaning and implementation of this chapter.

(3)

To provide through zoning variances a procedure for relief from the occasional inequities created by the physical standards of this chapter relating to zoning when such standards create a substantially unequal burden on a particular parcel of land in a fashion that would otherwise prevent the reasonable use of property, owing to physical circumstances unique to that parcel.

(4)

To prohibit the granting of variances that would be contrary to the public interest and endanger public health, safety, and welfare; and

(5)

To allow for appeals from decisions made by administrative staff approving, approving with conditions or denying applications for development approval.

(b)

The town council shall hear and decide appeals of administrative decisions and variances as follows:

(1)

Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter or of any standards adopted pursuant thereto. An aggrieved person may appeal the final decision of the town staff in the manner provided in this chapter.

(2)

Authorize in specific cases such zoning variances from the physical standards of this chapter that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship, and so that the spirit of this chapter shall be observed, and substantial justice done.

(Amendment of 8-12-2024(1))

(a)

There shall be a hearing before the town council for any appeal of administrative decisions and interpretations and for each application for any variance. The hearing shall be held at an appointed time and place. Testimony shall be taken by the council from persons interested in the application and from the town staff.

(b)

The town staff or clerk of the council shall give public notice as required by this chapter of all public hearings to be held before the town council. Notification of appeal procedures shall be included in the initial posting and notice of the proposal, provided that an initial posting and notice is required by this chapter.

(Amendment of 8-12-2024(1))

(a)

An applicant may request an appeal of an interpretation of this chapter, including classifications of use, shall be made by filing an application, with appropriate fees, with the clerk of the council within 20 business days of the interpretation decision. After receiving a completed application, the clerk of the council shall schedule a hearing at a regular council meeting. In all cases, the complete application shall include, and shall not be deemed filed until all of the materials required by this chapter are submitted.

(b)

The council 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. During time of appeal all construction shall cease and shall not commence until approved by the town council.

(c)

When interpreting the meaning of this chapter, subsections of the ordinance shall be construed in a manner that will give effect to them all as the ordinance derives its meaning from the entire body of text taken together.

(d)

The concurring vote of the majority of the council shall be necessary to reverse any order, requirements, decisions or determination of any administrative official, or to decide in favor of the applicant.

(Amendment of 8-12-2024(1))

(a)

An aggrieved person may appeal the final decision of the town staff in the manner provided in this section. Any appeal of a final administrative decision to approve or deny an application shall be an appeal on the basis of the information available to the town staff including this chapter, all submitted application materials, review and recommendations by administrative staff or advisory bodies, public comment and such other materials as were available. Denial of requests for waiver or alteration of applicable regulations is not an administrative decision subject to appeal.

(b)

Application of appeal procedures. Appeals from town staff to the town council or the courts are set forth in the various sections of this chapter. Said appeals are permitted under the provisions of this section in the manner set forth herein.

(1)

These appeal procedures shall apply to the decisions brought forth by the town staff.

(2)

Appeals shall be from the town staff to the town council.

(3)

In reviewing an appeal, the town council shall consider the application as if it were the original approval.

(c)

Filing of notice of appeal. An appeal shall be taken by filing with the clerk of the council a notice of intent to appeal by 5:00 pm on the tenth business day following the final decision of the town staff, and a documented appeal and appeal fee within 15 business days of the final decision of the town staff. Such notice of intent to appeal shall include the following:

(1)

The action of the town staff which is the subject of the appeal; and

(2)

The date of such action.

(d)

Appeal contents. In all cases, the complete appeal application shall include, and shall not be deemed filed until; all of the materials required by this chapter are submitted.

(e)

Notice of appeal. Once a complete appeal has been filed and a hearing date is set, notice of the appeal shall be provided in the same fashion as was required for notice of the initial application. The date, time, and location for hearing an appeal before the town council shall be included in the required notice of the appeal.

(f)

Scheduling of the hearing. Upon receipt of a complete appeal application the clerk of the council shall place the appeal on the next available regularly scheduled town council agenda for scheduling. The town council shall schedule the hearing of the appeal within 30 working days of the agenda item to set the hearing date.

(g)

Material. The material to be considered by the town council shall be the record of the project review, including the town staff's decision, in addition to materials that may be submitted during the processing and review of the appeal.

(1)

No less than ten working days prior to the appeal hearing before the town council, the town staff shall transfer the entire record of the application to the town council.

(2)

Any materials submitted by the appellant shall be provided to the town council no less than ten working days prior to the appeal hearing before the town council.

(h)

Procedure of the hearing. At the hearing on the appeal, the following procedure shall be followed:

(1)

Only arguments and evidence relevant to the application shall be presented. The presentation shall be made in the following order, subject to such limitations, in time and scope as may be imposed at the discretion of the presiding officer:

a.

Explanation of the application and nature of the appeal and presentation by town staff.

b.

Presentation of position by the applicant and/or representative.

c.

Presentation by any person who is a proponent or an opponent of the application; and

d.

Motion, discussion, and vote by the town council.

(2)

No person making a presentation shall be subject to cross-examination except that members of the town council and the town attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information presented.

(i)

Alternative actions available to the appellate body. At the conclusion of the hearing, the town council shall approve or deny the appeal within 15 working days of the hearing.

(Amendment of 8-12-2024(1))

(a)

Application. A request for one or more variance(s) from design standards shall be made by filing an application, with appropriate fees, with the town staff at least 30 working days prior to the planning board meeting and shall be accompanied by the materials described in this chapter.

(b)

Investigation of facts. The planning board 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. The planning board will conduct a public hearing noticed in accordance with this chapter and after hearing public comment shall provide a recommendation to the council whether to approve, deny, or approve with conditions a variance request.

(c)

Criteria for consideration and findings. In acting on an application for a variance, the council shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall issue written findings setting forth factual evidence that the variance:

(1)

Will not be contrary to and will serve the public interest.

(2)

Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter:

a.

Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and

b.

Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots and governmental actions outside of the owners' control.

(3)

Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice.

(d)

Authorization and limitations on approval.

(1)

The council shall, after being provided with a recommendation from the planning board, deny, approve, or conditionally approve all requests for variances meeting all the criteria of this section within 15 working days, including:

a.

Requests to modify dimensional or other numerical requirements of this chapter.

b.

Requests for multiple variances; and

c.

Requests for variances in conjunction with conditional use permits.

d.

Approvals of all such variances shall be conditioned upon town council approval of the conditional use permit.

(2)

The scope and extent of the variance(s) shall be limited to the minimum relief necessary to provide reasonable use of the property.

(3)

In no case may the town council grant variances to allow uses not already permitted pursuant to this chapter or alter administrative requirements of this chapter. Permission to change uses allowed on a parcel may be sought through a zone map amendment or an amendment to the text of the applicable zoning district.

(4)

The concurring vote of the majority of the council shall be necessary to affect any variance of this chapter.

(e)

Effective time for council decisions—Variances void when. The decision of the town council shall be final except as appealed. If a building permit or land use permit is not obtained for the subject property within six months from the date of the council's decision, the variance shall be automatically canceled and become null and void.

(Amendment of 8-12-2024(1))

(a)

Zoning variances. Any person or persons, jointly or severally, aggrieved by any decision of the town council under this chapter, or any taxpayer, or 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 and specifying the grounds of illegality. Such petition shall be presented to the court within the time frame established by state law.

(b)

Zoning decisions. An aggrieved person may appeal the approval, approval with conditions or denial of a development application acted upon by the town council by presenting to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part and specifying the grounds of illegality. Such petition shall be presented to the court within the time frame established by state law.

(Amendment of 8-12-2024(1))