§ 24-93. Zoning appeals.

(a)

Applicability. Any decision of the administrator may be appealed to the board of adjustment as per MCA 76-2-326. Appeals of decisions by the board of adjustment are petitioned to a court of record as per MCA 76-2-327.

(b)

Procedure for administrative appeals. the following is the procedure to appeal a decision by the administrator:

(1)

The appellant shall submit a letter providing a notice of appeal and supporting materials to the administrator. Any appeal fees adopted by the city council shall be paid at city hall.

(2)

The administrator shall place a public hearing on the appeal on the agenda of the next board of adjustment meeting for which the notice requirements of these regulations can be met (Section 24-97), and at which time will allow for its proper consideration.

(3)

The administrator shall give notice of the public hearing in accordance with section 24-97. Notice shall also be given to the parties in interest.

(4)

The administrator shall, in a timely manner, transmit to the board of adjustment all papers constituting the record upon which the action appealed was taken.

(5)

The administrator shall publish a summary report that includes the decision and the surrounding circumstances, and forward it, along with a copy of pertinent information, to the board of adjustment.

(6)

An appeal stays all proceedings in furtherance of the action appealed from unless the administrator certifies to the board of adjustment after the notice of appeal has been filed that by reason of facts stated in the certificate a stay would, in the administrator's opinion, cause imminent peril to life or property. In that case, proceedings may not be stayed except by a restraining order, which may be granted by the board of adjustment or by a court of record, on notice to the administrator, and on due cause shown.

(7)

The board of adjustment shall conduct a public hearing on the appeal. At the hearing, the board of adjustment shall determine whether the administrator made an error in any order, requirement, decision, or determination, and reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the administrator. The concurring vote of four members of the board of adjustment shall be necessary to take official action to reverse, wholly or partly, or modify the order, requirement, decision, or determination appealed from.

(8)

At the hearing, any party may appear in person or by the party's attorney.

(9)

Consideration of the appeal may be tabled for no more than 35 days.

(10)

The board of adjustment shall notify the appellant of its decision within ten days after it is made. The decision shall be in writing and contain a summary of the facts relied on as the basis for its decision.

(11)

MCA 76-2-327 outlines state laws regarding appeals of decisions by the board of adjustment to a court of record. The petition must be presented to the court within 30 days after the filing of the decision in the office of the board of adjustment.

(Ord. No. 1306 , § 1(Exh. A) 11-9-16)