§ 24-90. Board of adjustment.

(a)

The board of adjustment is established to act on variances and appeals of the administrator decisions and actions. The board of adjustment shall not hear matters related to conditional uses, and shall not review or approve conditional use permit applications.

(b)

The board of adjustment consists of five members appointed by the mayor for staggered three year terms, and subject to the confirmation by the city council. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Board members serve without compensation. A board member is removable for cause by the city council upon written charges and after public hearing.

(c)

The board of adjustment shall appoint one of its members as chairman and will set its operating rules in accordance with MCA 76-2-321 through 76-2-328.

(d)

All official files of the board of adjustment shall be held in the offices at city hall.

(e)

Meetings of the board of adjustment must be held at the call of the chairman and at other times that the board may determine.

(f)

The chairman or in the chairman's absence the acting chairman may administer oaths and compel the attendance of witnesses.

(g)

The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the administrator; to decide in favor of the applicant on any matter upon which the board of adjustment is required to pass under these regulations; or to effect any variation in these regulations.

(h)

All meetings of the board of adjustment shall be open to the public.

(i)

The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the offices at city hall and shall be a public record.

(Ord. No. 1306 , § 1(Exh. A) 11-9-16; Ord. No. 1317 , § 1, 1-9-18)