Ordinance 851 - Board of Appeals:-L
ORDINANCE NO. 651
AN ORDINANCE TO AMEND SECTIONS 12, 13, 14, 15, 16 and 17 OF THE
ZONING ORDINANCE OF THE KALISPELL CITY CODE TO PROVIDE THAT
MEMBERS OF THE BOARD OF APPEALS MAY BE REMOVED ONLY UPON WRITTEt'
CHARGES AND AFTER A PUBLIC BEARING; AND TO PROVIDE FOR ELECTION;
OF A CHAIRMAN OF SAID BOARD AND HIS TERM; TO PROVIDE FOR ORGAN,
OF THE BOARD; TO ESTABLISH THE CITY DIRECTOR OF PUBLIC WORKS A:
SECRETARY OF THE BOARD AND TO ESTABLISH THE OFFICE OF THE CITY
DIRECTOR OF PUBLIC WORKS AS THE OFFICE OF THE BOARD; TO REQUIRT'
FULL WRITTEN MINUTES OF EACH MEETING OF THE BOARD AND THE SIGN;c.
AND FILING THEREOF; TO PROVIDE FOR CALLING PR.EETINGS OF THE BOAS:
AND REQUIRE THE MEETINGS BE OPEN TO THE PUBLIC; TO REQUIRE THE:
BOARD TO ADOPT ITS OWN RULES OF PROCEDURES; TO PROVIDE FOR THE
METHOD OF APPEALS TO SAID BOARD AND TO PROVIDE THAT UPON APPELPF
TAKEN ALL, PROCEEDINGS IN FURTHERANCE OF THE ACTION APPEALED FP
BE HELD IN ABEYANCE UNLESS PROPER CERTIFICATE IS FILED WITH Tf;".
BOARD; TO REQUIRE A $25.00 APPEAL FEE AND PROVIDE FOR SUCH OT-
FEES AS THE BOARD MAY REQUIRE: TO ESTABLISH THE JURISDICTION A
PO;NERS OF THE BOARD AND RATING REQUIREMENT TO REVERSE AN ORDER
DECISION OF AN ADMINISTRATIVE OFFICE OF THE CITY; RESERVING TC
CITY COUNCIL POWER TO MAKE EXCEPTIONS TO THE ZONING ORDINANCE:::
TO PROVIDE THAT A CONCURRING VOTE OF FOUR OR MORE MEMBERS OF
BOARD MAY NOT BE RESCINDED OR MODIFIED BY TIIE CITY COUNCIL; A;:
PROVIDINNG FOR PROCEDURES OF REVIEW BY THE CITY COUNCIL 07 ACT'
OF THE BOARD OF APPEALS CONCURRED IN BY LESS THAN FOUR MEMBER.
AND PROVIDING FOR PROCEDURES TO AMEND ZONING ORDINANCES OF Ti('°
CITY OF KALISPELL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, AS FOLLOWS:
SECTION 1. The zoning ordinance of the City of Kalispell, Art
II, Section 12, is hereby amended to provide as follows:
"Section 12. Establishment, composition, appointmea
rem:)val, etc.
A Board of Adjustment is hereby established as arovi
in the Revised Codes of Montana, 1947, Section 11-2707, ae;
amended. The word "Board" when used in this ordinance sha.
be construed to mean the Board of Adjustment. Said Board :all
consist of five (5) members appointed by the mayor and su';ct
to confirmation of the city council. Each of such members r,hall
be appointed to hold office for a period of three (3) years and
until his successor is appointed and qualified. 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. All of the members of
the Board shall serve without compensation and any member may
be removable for cause by the mayor subject to the approval
of the City Council upon written charges made and after a
public hearing thereon."
SECTION 2. The zoning ordinance of the City of Kalispell; Article
II, Section 13, is hereby amended to provide as follows:
"Section 13. Organization, meetings, rules or Urocedure, etc.
A. Said appointees shall organize the Board by electing
one of their members as the chairman thereof who shall serve
for a period of one (1) year and until his successor is
elected;. a vacancy in the chairmanship shall be filled by.
election by and from the remaining board members.
389
B. The City Director of Public Works shall attend and
serve as Secretary of said Board. He shall keep minutes of
its proceedings sho*,aing the actions of the Board and the vote
of each member upon each question considered, or if a member
' is absent or fails to vote, showing such fact. All records
of the Board shall be maintained in the office of the Board
which shall be in the office of the City Director of Public
Works and such records shall be open to the public at all
reasonable times. The minutes of all meetings held shall
be signed by the chairman and immediately filed in the office
of the Board.
C. Meetings of the Board shall be held at the call of
the chairman and at such other times as the Board may deter-
mine. The chairman, or in his absence the acting chairman,
may administer oaths and compel the attendance of witnesses.
All meetings shall be open to the public and all of its
examinations and other official actions shall be recorded
in the minutes.
D. The Board shall adopt its own rules of procedure in
accord with this ordinance."
SECTION 3. The zoning ordinance of the City of Kalispell, Article
II, Section 14, is hereby amended to provide as follows:
"Section 14. Appeals
A. Appeals to the Board of Adjustment may be taken by
' any person aggrieved, or by any officer or employee of the
City of Kalispell affected by any decision of the officer of
the city administrating the zoning ordinance. Notice of such
appeal shall be in writing and filed with the Secretary of the
Board within the time as provided in the rules of the Board.
Said notice of appeal shall specify the grounds therefor and
a copy thereof shall also be filed with the administrative
officer from whom the appeal is taken. The officer from whom
the appeal is taken shall forthwith transmit to the Board all
papers constituting the record upon which the action appealed
from was taken.
B. An appeal stays all proceedings in furtherance of the
action appealed from, unless the officer from whom the appeal
is taken certifies to the Board of Adjustment, after the notice
of appeal shall have been filed with him, that by reason of
facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In such case proceed-
ings shall not be stayed otherwise than by a restraining order
granted by the Board of Adjustment or by a court of record on
due application and notice to the officer from whom the appeal
is taken and on due cause shown.
The Board of Adjustment shall fix a reasonable time for
' the hearing of the appeal, give public notice thereof, as well
as due notice to the parties in interest, and decide the same
within a reasonable time. Upon the hearing any party may
appear in person or by attorney.
C. Each notice of appeal made hereunder by any person
shall be accompanied by $25.00 and such other reasonable fees
as the Board may require to cover costs of notice, publication,
service and witness fees, costs of research, etc."
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390
SECTION 4. The zoning ordinance of the City of Kalispell, Article
II, Section 15, is hereby amended to provide as follows:
"Section 15, Jurisdiction and Powers
A. Said Board of Adjustment may, in appropriate cases
and subject to the laws of the state of Montana and the ordinances
of the City of Kalispell and such other safeguards and conditions
as may be provided by law, make special exceptions to the term
and requirements of the zoning ordinances of the City of Kalispell
in harmony with its general purposes and intent and in accordance
with the general or specific rules therein contained.
B. The Board shall have the following powers:
1. To hear and decide appeals where it is alleged
there is error in any order, requirement, decision, or deter-
mination made by an administrative.official in the enforcement
of this act or of any ordinance adopted pursuant thereto.
2. To hear and decide special exceptions to the
terms of the ordinance upon which such board is required to
pass under such ordinance.
3. To authorize, upon appeal in specific cases,
such Variance from the terms of the ordinance as will not be
contrary to the public interest, where, owing to special,
conditions, a literal enforcement of the Provisions of the
ordinance will result in unnecessary, ;hardship,,, and so that
the spirit of the ordinance shall be observed and substantial
justice done.
C. In exercising the above mentioned powers such Boar('
may, in conformity with the provisions of this ac&, reverse -
affirm, wholly or partly, or modify the order, requirement,
decision, or determination appealed from and may make sucu
order, requirement, decision, or determination as ought t�
be made, and to that end shall have all the powers of the:
officer from whom the appeal is taken.
D. The concurring vote of four (4) members of the
Board shall be necessary to reverse any order, requirement,
decision, or determination of any such administrative official,
or to decide in favor of the applicant on any matter upon which
it is required to pass under any such ordinance, or to effect
any variation in such ordinance."
SECTION 5. The zoning ordinance of the City of Kalispell, Article II,
Section 16, is hereby amended to provide as follows:
"Section 16, Restriction of Authority
The City Council reserves to itself the power to make exception
to regulations, ordinances or land use plans adopted pursuant
to the zoning ordinances of the City; provided, however, that
any decision within its jurisdiction and powers as set: forth
in Section 15 above, made by the Board of Adjustment by concurri _
vote of four or more of its members, after proper appeal to
hearing and decision of said Board, may not thereafter be
rescinded or reversed or modified by action of the City Council;
a decision made by the Board with less than four concurring
votes thereon may, upon written application therefore filed
with the City Clerk, within 10 days after the filing of the
minutes of the meeting whereat said decision was made,
be reviewed by the City Council. at its next regular meeting.
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391
r
In review of such decision the council shall hear the
applicant and the appropriate administrative personnel
.of the City and such other persons as may be directly
effected thereby. After hearing such persons and examin-
ing such evidence as may properly be presented, the
Council may, if deemed to be in the best interest of the
City, and upon concurring vote of at least three -fourths
of the council members present and voting, affirm, rescind,
revoke or modify the decision of the Board of Adjustment.
A certified copy of the approved minutes of the City Council
meeting reflecting such review and decision shall be main-
tained as part of the records of the Board of Adjustment.
SECTION 6. The zoning ordinance of the City of Kalispell, Article
II, Section 17, is hereby amended to provide as follows, and to be
Article III of said Ordinance:
"Section 17. Changes and Amendments to Zoning Regulations.
The regulations, restrictions and boundaries provided for
and established by the zoning ordinances of the City of Kalis-
pell may, from time to time, be amended, supplemented, changed,
modified, or repealed. No such proposed amendment, supplement,
change or modification shall be adopted prior to the City
Council holding a public hearing thereon. Notice of the time
and place thereof shall be published at least once in a daily
newspaper of general circulation, published in the City of
Kalispell, the last publication of such notice shall be at
least fifteen (15) days prior to such public hearing. After
such public hearing the amendment, supplement, change or
modification may be adopted by majority vote of the City
Council. In case, however, of a protest against such change,
signed by the owners of twenty per centum (20%) or more either
of the area of the lots included in such proposed change, or
of those immediately adjacent in the rear thereof and extending
one hundred and fifty (150) feet therefrom, or of those on
either side thereof within the same block, or of those directly
opposite thereof extending one hundred and fifty (150) feet from
the street frontage of such opposite lots, such amendment shall
not become effective except by the favorable vote of three -
fourths (3/4) of all members of the City Council. '
For the purpose of this Section; a regular annexation to
the City of Kaispell shall not be considered a change of
boundary of the City.
Such public hearing may be adjourned from time to time.
Any change, amendment, supplement, modification or repeal may
be initiated upon application therefor by the Board of Adjust-
ment, or upon petition therefor signed by one or more property
owners within the City or upon motion of the Council itself.
No such change, amendmnr upplement, modification or repeal
need be considered, }roo�ever, unless motion therefor is duly
m� and passed by,;�he Cou cil.
CCTION 7. All ordi
hrewitare repeal cCTI 8. This c( dssa e and apprt)`al.
PASyyyBY THE CITIY CC
APOV D BY THE/ N)AYOF
s of;.khe City of Kalispell in conflict
shall be effective 30 days from its
OF THE CITY OF
19TH DAY OF JW
M
r
PELL, MONTANA,
1976. /
Happ,
I, GBeardsl , C ty Clerk of th�/eas
lisp li, Mont a, do certify that on
the day of 1 ed a copy of a fo going ordinance
In ,s of ice, an t e same emainad stper d of fi a day , and the foregoing
is a true and c ect copy of the ordinass by the it ouncil/
ty Cli_,�k of/the City of Kalispell,