Section 17.124.060 Procedures for variances, conditional use permits and conditional use structure permits.
A. Application shall be filed with the community development
department.
B. The zoning administrator or designee shall determine
whether the request complies with
the criteria set forth in Sections 17.124.030, 17.124.040 and 17.124.050.
C. The zoning administrator or designee shall collect
a fee per request for conditional use
permits, conditional structure permits or variance applications.
D. The zoning administrator shall solicit from city staff
on the consequences of each
proposal for consideration prior to zoning board of adjustment action.
E. The zoning board of adjustment shall hold a public
hearing at a regularly scheduled
monthly meeting within sixty (60) days after the date the application is forwarded by the zoning
administrator. Fifteen (15) days before the public hearing the zoning board of adjustment shall:
1. Mail notice of the hearing to all property owners
within three hundred (300) feet of the
exterior boundaries of the area to be occupied by the proposed use; and
2. Publish notice of the hearing in the newspaper of
general circulation in the city.
F. Within thirty (30) days after the public hearing,
the zoning board of adjustment shall
submit to the applicant and to the zoning administrator a written report detailing;
1. How the established criteria have been met;
2. Its finding of fact;
3. Its decision; and
4. All conditions attached to the permit.
G. Appeal Procedure. The applicant may appeal the decision
of the zoning board of
adjustment to a court of record, according to Section 76-2-327 MCA. (Ord. 225 (part), 2003)
