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HomeMy WebLinkAboutBoard of Adjustment Bylaws 10-14-08.docBOZEMAN BOARD OF ADJUSTMENT BY-LAWS Adopted October 14, 2008 ARTICLE 1 - POWERS AND DUTIES The Board shall have all such powers and duties as are provided in Title 76, Montana Code Annotated, including the following powers: To consider applications for variances to Bozeman Zoning Code; to consider applications for deviations from Bozeman Municipal Code, the Bozeman Unified Development Ordinance, Bozeman Zoning Code, and other applicable city codes; to consider applications for Certificates of Appropriateness per allowances granted in the Bozeman Unified Development Ordinance and in related design and development guidelines; to consider applications for Conditional Use Permits as allowed by the Bozeman Unified Development Ordinance; and to approve, deny, or approve with conditions those applications. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the Bozeman Ordinance or any ordinance adopted pursuant thereto; To authorize upon appeal variance from the terms of the ordinance as will not be contrary to the public interest, where owing to unique conditions, a literal enforcement of the Bozeman Ordinance will result in unnecessary hardship, and so that the spirit of the Ordinance shall be observed and substantial justice done. To consider other applications as allowed by Montana law and Bozeman city ordinance. ARTICLE II - APPEALS TO THE BOARD OF ADJUSTMENT Appeals to the Board may be taken by any person aggrieved by a decision of an administrative officer in the enforcement of the Bozeman Zoning Ordinance. Such appeal shall be taken within thirty (30) days after the making of the decision by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. ARTICLE III - OFFICE OF THE BOARD The Board shall maintain its offices in the Bozeman Planning Office. ARTICLE IV - MEMBERSHIP 1. The Board shall consist of not fewer than seven members, appointed by the Bozeman City Commission for staggered three-year terms. At least three members shall reside within the city limits. All members shall reside within the zoning jurisdiction of the city. 2. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. ARTICLE V- ATTENDANCE AUTHORIZED ABSENCES Authorized absences may be granted by the Chair of the Board of Adjustment upon sufficiently timely request by a board member to the Chair. REMOVAL FROM OFFICE More than two unexcused absences are grounds for removal from the Board. A failure to inform the secretary and Chair of the Board of the inability to attend a scheduled meeting will be construed as an unexcused absence. A member may be removed from the Board for cause by the Bozeman City Commission upon written charges and after a public hearing. ARTICLE VI - OFFICERS At the first meeting of each year, the Board shall elect one of its members to serve as Chair and one member to serve as Vice Chair. The Vice Chair shall have authority to act as Chair during the absence or disability of the Chair. ARTICLE VII - MEETINGS Meetings will be held regularly on the second Tuesday of each month at 6:00 p.m. or as scheduled by the Chair. ARTICLE VIII - CONFLICT OF INTEREST A member of the Board who has a financial or personal interest in an item under consideration by the Board shall declare a conflict of interest as soon as the item is announced in a meeting and shall not participate in the discussion and vote taken on the item. In the event of such disqualification, such fact shall be entered in the Minutes of the meeting. In the event that a Board member is representing a party with a proposal before the Board or one of its committees, that Board member shall not participate in the discussion and shall not vote on the item. ARTICLE IX - ORDER OF BUSINESS Meetings of the Board shall be conducted according to the current edition of Robert’s Rules of Order unless otherwise specified in these By-laws. The order of business at regular meetings shall be: Call to order and attendance. Approval of Minutes of previous meeting and actions thereon. Public comment. Public hearings on project review. Any business for the good of the order. Adjournment. ARTICLE X - – PUBLIC HEARINGS A. PUBLIC HEARINGS Public hearings will be scheduled for every application to be considered and acted upon by the Board. B. NOTICE At least fifteen (15) days prior to the date set for a public hearing, the Board shall publish in a newspaper of general circulation in the City a notice of the subject, time, and place of the hearing. Notification of adjacent property owners shall be observed in conformance with the applicable city ordinances and state law. C. PROCEDURES FOR PUBLIC HEARINGS The Chair shall preside at the public hearings. A secretary shall take the Minutes, and proceedings shall be recorded by a sound recording device. The Chair shall describe the method of conduct of the hearing. The hearing shall be conducted only for the purpose of taking testimony to be considered in the deliberations of the regular meeting of the Board. A summary of the question and issues shall be stated by the Chair at the opening of the hearing. Comments will be limited to the subject advertised for hearing. It shall be made clear at the hearing that all questions and documents must be directed through the Chair only after being properly recognized by the Chair. All persons recognized shall give their names and addresses, and if applicable, the name of the person, firm, or organization they represent. Copies of prepared statements shall be given to the secretary and shall become a part of the record. The applicant or the applicant’s representative must be in attendance to respond to questions that might arise. Failure to attend will result in postponement of the hearing. The order of presentation after introduction of an item by the chair will be: Presentation of staff report Questions by Board members of planning staff. Comments by the applicant. Questions by Board members of the applicant. Public Comment by interested citizens. Additional comments by the applicant, as appropriate. Additional comments by staff, if necessary. Board discussion, motions, and votes. The Chair shall ask if all who wish to speak have spoken. Public comment will be limited to one opportunity to speak per person, unless further comment is allowed by the Chair. When there is no one wishing to speak further, the public testimony will be closed and the matter will return to the Board for discussion and action. The Chair shall assure an orderly hearing and shall reserve the right to recess or postpone the hearing in the event discussion becomes unruly or unmanageable. ARTICLE XI - VOTE NEEDED FOR BOARD ACTION The concurring vote of a majority of members of the Board shall be necessary to effect any variation from the ordinance or to reverse any order, requirement, decision, or determination of an administrative official. ARTICLE XII - DECISION Board members shall declare their findings on applications as the grounds for their decisions. After a decision is reached by the Board, the Chair shall sign, on behalf of the Board, a written decision pursuant to such action. The signed decision shall be filed in the office of the Board and kept as part of the permanent record. ARTICLE XIII - MINUTES Minutes of Board proceedings will be taken and kept by the Bozeman Planning Office and shall be subject to approval by a majority of Board members present at a regular meeting. Until signed by the chair, minutes will be designated as preliminary. ARTICLE XIV – AMENDMENTS TO BY-LAWS By-laws amendments may be introduced in writing by any member of the Board at a regular meeting. Action by a majority of the Board on the amendments may be taken on second reading at any future regular meeting. DATED THIS _____________________________ APPROVED BY THE BOARD OF ADJUSTMENT BY: ____________________________________________ JP Pomnichowski, Chairperson, Board of Adjustment