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Ordinance 496 - Regulates Buildings and StructuresORDINANCE NO. 496 AN ORDINANCE TO ENABLE THE CITY OF KALISPELL, MONTANA TO REGULATE AND RESTRICT THE SIZE AND CHARACTER OF BUILDINGS AND STRUCTURES, THE SPACE OCCUPIED BY THEM, THE COST THEREOF AND THE LOCATION AND USE THEREOF AND TO DIVIDE SUCH MUNICIPALITY INTO DISTRICTS AND TO REGULATE THE SAM AND TO PROVIDE A METHOD OF PROCEDURE FOR THE CREATION OF SUCH DISTRICTS AND THE P.%ITKING AND ENFORCING OF REGULATIONS AND TO PROVIDE FOR THE APPOINTAH NT OF A ZONING COMMISSION AND BOARD OF ADJUST- MENT AND FOR THE ENFORCEMENT OF THIS ORDINANCE AND THE REGULATIONS MADE UNDER ITS AUTHORITY PURSUANT TO CHAPTER 136 OF THE 1929 SESSION LAWS OF THE 21ST LEGISLATIVE ASSEMBLY OF THE STATE OF MONTANA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION 1. There is hereby created a commission to be known as the zoning commission of the City of Kalispell, Montana, to consist of seven (7) members to be appointed by the City Council of Kalispell immediately after the final adoption of this ordinance. Two members of which shall serve for a period of four years, two members for a period of three years, and two members for a period of two years, and - one member for a period of one year, such members to serve during the term of their respective appointments and until their respective successors are appointed and qualified. SECTION 2. Immediately upon notice of appointment said commission shall meet and organize by electing one of its members as chairman and another of its members as secretary, and after the organization of said commission, it shall proceed to investigate and shall make a preliminary report to the City Council of its investi- gations with relation to the creation of building zones in said city, designated to regulate and restrict the size and character of buildings and structures, the space occupied by them, the cost thereof and the location and use thereof and the division of the City of Kalispell, Montana into districts, and with reference to the regulation of said districts; that immediately after said preliminary report, said commission shall hold public hearings, after legal notice thereof, upon said pre-liminary report and after the conclusion of said public hearing said commission shall make and submit to the City Council of the City of Kalispell, Montana its final report and recommendations to said Council with reference to the creation, maintenance and regulation of said zoning districts. Section 3. There is hereby created a Board of Adjustment consisting of five (5) members each of whom shall be appointed for a term of three years by the City Council of Kalispell, Montana and shall be removable for c_use by said Council upon written charges and after public hearing; said Board of Adjustment will be appointed immediately upon final adoption of this ordinance. SECTION 4. The duties of said Board of Adjustment provided for in the preceding section shall be to adopt rules in accordance with the recommendations of the zoning commission of the City of Kalispell, heretofore in the ordinance provided for, as said recommendations adopted by the City Council of the City of Kalispell, Montana, to which Board of Adjustment, appeals may be taken by any persons aggrieved, or by any officer, department, board, or bureau of the City of Kalispell, Montana, affected by any decision of the administrative officer or council; any such appeal shall be taken to said board within a reasonable time as provided for by the rules of said Board by filing with the officer from whom the appeal is taken and with the said Board and with the City Clerk a copy of notice to appeal specifying in detail the grounds thereof. SECTION 5. The Board of Adjustment hereby created shall adopt rules according to the provisions of Chapter 136, 1929 Session Laws of the 21st. Legislative Assembly of the State of Montana, and in accordance with any ordinance of the City of Kalispell, Montana, adopted under authority of said Chapter, and shall organize immediately upon appointment and elect one of its members as chairman and another of its members as secretary. Said Board shall keep minutes of its proceedings showing the vote of each member on each question and every absence or failure to vote, indicating such fact and shall keep records of its official actions all of which shall be immediately filed in the office of the Board of the City Clerk's office in the City Hall at Kalispell, Montana and shall be a public record, and such board shall have such other and further powers as are granted, and shall be entirely regulated by the provisions of Chapter 136 of the 1929 Session Laws of the 21st Legislative Assembly of the State of Montana. SECTION 6. Any violation of this ordinance or of any regulation made pursuant to authority conferred by this ordinance shall be punishable by a fine of not to exceed $300.00 or by imprisonment in the City Jail for not to exceed four (4) months or by both such fine and imprisonment. SECTION 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed. First passed and approved by the City Council of the City of Kalispell, Montana this <3rd day of April , 1944. D. S. Cameron Mayor Attest: C. H. Brewer City Cle State of Montana ) as. County of Flathead ) 1 I, C. H. Brewer, City Clerk of the City of Kalispell, Montana do hereby certify that on the 4th day of April, 1944, I posted a copy of the foregoing ordinance in my office and the same remained so posted for a period of five days and the foregoing record is a true copy of the ordinance as passed by the City Council. 1 City Clerk Dated this 6th day of May, 1944