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BOARD
OF ADJUSTMENT (APPEALS)
COMMISSION
Rob Lund, Chair
Bud Butts
Kathy Frovarp
Jim Snell
Eric Moore
Section 24-90
(Miles City Code of Ordinances), Establishment of Board of Adjustment
The city council may
provide for the appointment of a board of adjustment, and the regulations
adopted pursuant to the authority of this chapter may provide that the board of
adjustment may, in appropriate cases, and subject to appropriate conditions and
safeguards, make special exceptions to the terms of this chapter in harmony with
its general purposes and intent and in accordance with the general or specific
rules contained in this chapter.
State Law Reference -
Board
of Adjustment, MCA 76-2-321
76-2-323. Powers of Board of Adjustment.
(1) The board of adjustment shall have the following powers:
(a) 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 this part or of any ordinance adopted pursuant
thereto;
(b) to hear and decide special exceptions to the terms of the ordinance
upon which such board is required to pass under such ordinance;
(c) to authorize upon appeal in specific cases such variance from the terms
of the ordinance as will not be contrary to the public interest, where, owing to
special conditions, a literal enforcement of the provisions of the ordinance
will result in unnecessary hardship and so that the spirit of the ordinance
shall be observed and substantial justice done.
(2) In exercising the above-mentioned powers, such board may, in conformity
with the provisions of this part, 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 officer from whom the appeal is taken.
CURRRENT MEMBERS OF THE BOARD OF ADJUSTMENT
Rob Lund, Chairman
Bud Butts
Kathy Frovarp
Jim Snell
Eric Moore
*Agendas and Minutes
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