HomeMy WebLinkAboutOrdinance No. O01-03ORDINANCE NO. O01-3
ORDINANCE REGULATING THE BOARD OF ADJUSTMENTS
WHEREAS, the City of Laurel desires to change the duties of the Board
of Adjustments of the City; and
WHEREAS, it is in the best interests of the residents of the City of Laurel
to pass such an ordinance;
IT IS HEREBY ORDAINED by the City Council for the City of Laurel,
Montana, that the LAUREL MUNICIPAL CODE is hereby amended as is set
forth below.
CHAPTER 17.64 shall be amended as follows:
Chapter 17.64
BOARD OF ADJUSTMENT
Sections:
17.64.010
17.64.020
17.64.030
17.64.040
17.64.050
17.64.060
17.64.070
Established-- Composition.
Removal of members~ Vacancy.
Meetings~Process and procedure.
Appeals procedure.
Appeai.-stays.proceedings---]learing procedure.
Authority.
City council authority.
1-7,64,080 ................ Allocation-of. power;
17.64.090
17.64.100
17.64.110
17.64.120
17.64.130
17.64.140
17.64.150
17.64.160
17.64.010
Requirements for reversal of order.
Certified copies of decision appealed from.
Petition to court of record when.
Court of record-- Writ--Restraining order when.
Court decision review-- Testimony required when.
Costs against hoard allowed when.
Variances~Not granted when.
Variances---Council authority when.
Established~ Composition.
A board of adjustment is established as provided by statute. It shall consist of five
members appointed by the mayor, subject to the approval of the council, for a term of three years. (Prior code §
17.12.010)
17.64.020 Removal of members--- Vacancy.
A member of the board of adjustment shall be removable for cause by the mayor, subject to the approval by
the council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any
member when the term becomes vacant. (Prior code § 17.12.020)
17.64.030 Meetings~Proeess and procedure.
The board shall adopt roles in accordance with the provisions of any ordinance adopted pursuant to the
business regulations or zoning. Meetings of the board shall be held atthe call of the chairman and at such other times as
the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the
attendance of witnesses. All meetings of the board shall be open to the public. The board 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
office of the board and shall be a public record. (Prior code § 17.12.030)
17.64.040 Appeals procedure.
Appeals to the board of adjustment may be taken by any persons agg~e,~e~o~-Joy-auy-ot~-e~r~iepartmeat~.
board~r-l-~areau-ol:~t~-mum -m pati .ty-affee~-I~y-aay_ -dec-~sio~.~the-admims~rat4~.offic~r~..Sue~-apl~!-slml~.b c
~i{bin-a-~ble-~;--as~b~-th*-m~o~-th~a~-by filing with the
pa~s-e~tu~a~th~-~m~-~ ~e~-t~~t~--w~r~:-(P ~o r code ~ 17.12.040)
1%64.050 A0pcal-stays-pFo~eedings--FIearing procedure.
~The board of adjus~ent shall fix a r~sonable time for the hc~ng on the application ~d ~5 a--eel, mvc
· e public notice ~crcof:; ~ well as duc notice to ~c p~cs of interest, ~d decide ~c same ~n a rcas~able~e.
Upon thc h~ng any paw may appc~ in p~son or by a~om~. (P~er code ~
$7.12.050)
17.64.060 Authority.
The board of adjustment shall have the following powers:
G To authorize upon application ~, not mchiding or involving requests for changes in
land usc under the zoning district in which the property lies, such variances from the te~ms of this title as will not bc
contrary to the public interest, where, owing to special conditions, a literal enforcement o£the provisions oft~s thio or
regulation will result in unnecessarily hardship, so that the spirit of this title shall be observed and substantial justice
done. (Prior code § I7.12.060)
1%64.070 City council authority.
The board of adjustmeat shall not have the power to grant or consider appeals or requests involving changes of
land use under the specific zoning district in which the property lies. The city council reserves to itself the power to
consider, grant or deny such application after receiving a recommendation from the city zoning commission under
Chapter 17.60 of this code. (Prior code ~ 17.12.065)
17.64.090 Requirements for l}ecision ~eve~sat-ol~-order.
The concurring vote of four members of the board shall be necessary to-~'cvcraa--any-~r-der~i~aem;
dec~sioa-o~-deter-m~ti~a~ aa5' :t-*a~adrmms~xalve~ffi~-a~-, or-to decide in favor of tho applicant on any matter upon
which it is required to pass under any such ordinance, or to effect any variation in such ordinance. (Prior cede ~
17.12.080)
17.64.100 Certified copies of decision appealed from.
The board of adjustment shall not bo reqmrcd to return the original papers acted upon by it, but it shall be
sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The
return shall concisely set forth such other facts as may be peifinent and material to show the grounds of thc decision
api~:aled from and shall be ver~ed. (Prior code §17.12.090)
17.64.110 Petition to court of record when.
Any person or persons, jointly or severally, aggneved by any decision of the
board of adjustment, or any taxpayer, or any officer, department, board or bureau of the city, may present to the court
of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying thc
grounds of the Illegality. Such peUtion shall be presented to the court xvithin thirty, days after the filing of the decision
in tho office of the board. (Prior code § 17.12.100)
A member of the board of adjustment shall be removable for cause by the mayor, subject
to the approval by the council upon written charges and after public hearing. Vacancies shall be
filled for the unexpired term of any member when the term becomes vacant. (Prior code ~
17.12.020)
17.64.030 Meetings-~Process and procedure.
The board shall adopt roles in accordance with the provisions of any ordinance adopted
pursuant to the business regulations or zoning. Meetings of the board shall be held at the call of
the chairman and at such other times as the board may detemUne. Such chairman, or in his
absence the acting chairman, may administer oaths and compel the attendance of witnesses. All
meetings of the board shall be open to the public. The board shall keep minutes of its proceedings,
showing the vote of each member upon each question, or ff 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 office of the board and shall be a public record. (Prior code §
17.12.030)
17.64.040 Appeals procedure~
Appeals to the board of adjustment may be taken by any persons by filing with the city a
request for variance on the appropriate form therefore. (Prior code §17.12.040)
17.64.050 Hearing procedure.
The board of adjustment shall fix a reasonable time for the hearing on the application and
give the public notice thereof, as well as due notice to the parties of interest, and decide the same
within a reasonable time. Upon the heanng any party may appear in person or by attorney. (Prior
code § 7.12.050)
17.64.060 Authority.
The boerd of adjustment shall have the following powers:
To authorize upon application, not including or involving requests for changes in land
use under the zoning district in which the property lies, such variances from the terms of ttds tire
as will not be contrary to the public interest, where, owing to special conditions, a literal
enforcement of the provisions of this title or regulation will msalt in unnecessarily hardship, so
that the spirit of this title shall be observed and substantial justice done. (Prior code § 17.12.060)
17.64.070 City council authority.
The board of adjustment shall not have the power to grant or consider appeals or requests
involving changes of land use under the specific zoning district in which the property lies. The city
council reserves to itself the power to consider, grant or deny such application after receiving a
recommendation from the city zoning commission under Chapter 17.60 of this code. (Prior code §
17.12.065)
17.64.090 Requirements for Decision.
The concUmng vote of four members of the board shall be necessary 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. (Prior code § 17.12.080)
17.64.100 Certified copies of decision appealed from.
The board of adjustment shall not be required to return the original papers acted upon by
it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as
may be called for by such writ. The return shall concisely set forth such other facts as may be
pertinent and material to show the grounds of the decision appealed from and shall be verified.
(Prior code §17.12.090)
17.64.110 Petition to court of record when.
Any person or persons, jointly or severally, aggrieved by any decision of the
board of adjustment, or any taxpayer, or any officer, department, board or burean of the city, may
present to the court of record a petition, duly verified, setting forth that such decision is illegal, in
whole or in part, and specif3dng the grounds of the Illegality. Such petition shall be presented to
the court within thirty days after the riling of the decision in the office of the board. (Prior code §
17.12.100)
17.64.120 Court of record--Writ-- Restraining order when.
Upon the presentation of such petition the court may allow a writ of certiorari directed to
the board of adjustment to review such decision of the board of adjustment and shall prescribe
therein the time within which a return must be made and served which shall not be less than ten
days and may be extended by the court. The allowance of the wist shall not stay proceedings upon
the decision appealed from, but the court may, on application, on notice to the board and on due
cause shown, grant a restraining order. (Prior code § 17.12.110)
17.64.130 Court decision review-- Testimony required when.
If, upon the hearing, it appears to the court that testimony is necessary for the proper
disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may
direct and report the same to the court with his findings of fact and conclusions of law, which shall
constitute a part of the proceedings upon which the determination of the court shall be made. The
court may reverse or affirm, whully or pardy, or may modify the decision brought up for review.
(Prior code § 17.12.120)
17.64.140 Costs against board allowed when.
Costa shall not be allowed against the board unless it appears to the court that it acted
with gross negligence, or in bad faith, or with malice in making the decision appealed from. (Prior
code §17.12.130)
17.64.150 Variances---- Granted when.
The board of adjnstment may only grant varUmces:
A. when the dahiul would constitute an unnecessary and unjust invasion of the right of
property;
B. when the grant relates to a condition or situation special and peculiar to the applicant,
C. when the basis is something more than mere financial loss to the owner;
D. when the hardship was created by someone other than the owner;
E when the variance would be within the spirit, intent, purpose, and general plan of this
title;
F. when the variance would not affect adversely or injure or result in injustice to others;
and
G. ordinarily when the applicant owned the property, prior to the enactment of the
ordinances codified in this title or later amendments. (Prior code § 17.12.140)
17.64.160 Variuncas---Council authority when.
Under no circumstances shall the board of adjustment gram a variance where prohibited
by ordinance. The council may by. ordinance, reserve the right to grant specific requests for a
17.64.120 Court of record--Writ-- Restraining order when.
Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of
adjustment to review such decision of the board of adjustment and *hall prescribe therein the time within wk/ch a return
must be made and served upon thc rca'.tcr': a~crr.~', which shall not be less than ten days and may be extended by the
court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on
application, on notice to the board and on due cause shown, grant a restraining order. (Prior code § 17.12.110)
17.64.130 Court decision review-- Testimony required when.
If, upon thc hearing, it appears to the court that testimony is necessary :['or the proper disposition of thc matter,
it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his
findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination
of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up
for review. (Prior code ~17.12.120)
17.64.140 Costs against board allowed when.
Costs shall not be allowed against the board unless it appears to the court that it acted with gross negligence,
or in bad faith, or with malice in making the decision appealed from. (Prior code ~ 17.12~ 130)
17.64.150 Variance: Net gGGranted when.
The board of adjustment may only :?~,~! net grant variances:
A. when UrAz:: the denial would constitute an unnecessary and anjust invasion of the fight of property;
B. when Ur2ea: the grant relates to a condition or situation special and peculiar to the applicant,
C. when Ur2c:: the basis is something more than mere financial loss to the owner;
D. when Ur2c:: the hardship was created by someone other than the owner;
E when Unless the variance would be within the spirit, intent, purpose~ and general plan of ttds tifle;
F. when Un!c:: the variance would not affect adversely or injure or result in injustice to others; and
G. _oOrdinanly when ui,3ess the applicant owned the property prior to the enactment of the ordinances codified
in this title or later amendments. (Prior code § 17.12.140)
17.64.160 Variances-~Councii authority when.
Under no cimumstances shall the board of adjustment grant a variance where prohibited by ordinance. The
council may by ordinance, reserve the right to grant specific requests for a variance; unless specifically reserved in.Lo.
the council for determination, the decision of the board of adjustment is not appealable to the council. ~*e-grami,ag-a
Yariariee4s-spe~-*imlty-rese~-ia4h: mayer and ccuac~lrt~e-bear~-cf adjustmeat-sha~Lat~er-a-pubti~.heariagr, mak~-a
~e~ommendatio~e4he mayor-ami-eounc--il. The-~ese~matioa4a-the-maycr and-~o~mcil :houl6-aot-be4mphcd m~3~ss-s~
forilv-b¥-onti~r-(Prior code § 17.12.150)
This Ordinance shall become effective thirty (30) days after final passage
by the City Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City
Council on November 6 ,2001, byAlderman Easton
PASSED and ADOPTED by the Laurel City Council on second reading
this 20th day of November , 2001, upon motion of Alderman
Olson
APPROVED BY THE MAYOR this 20th day of November
2001.
ATTEST:
Marry K~E~bleton, Clerk-Treasurer
~.~AS T~..Q RM:
~~son, City Attorney
Charles G. Rodgers, Mayoy