[Ord. No. 777 §26-103, 3-23-1994]
An appeal from any final order or decision of the Commission or of an administrative official may be taken to the Board of Adjustment by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. An appeal shall be taken by filing with the City Clerk a written notice of appeal specifying the grounds for the appeal. The City Clerk shall enter the date of filing on the notice of the appeal and shall transmit the notice of appeal to the Commission Secretary and to the Chairman of the Board of Adjustment.
An appeal must be made within thirty (30) days after the date of the decision or order appealed.
The City Clerk shall transmit to the Board of Adjustment all the papers and materials constituting the record relating to the action under appeal.
The Board of Adjustment may reverse or affirm, wholly or partially, or may modify the order, requirement, decision or determinations that in its opinion ought to be made in the case before it.
[Ord. No. 777 §26-104, 3-23-1994]
An application for a variance shall be submitted to the Board of Adjustment by filing a copy of the application with the City Clerk. The City Clerk shall transmit the application and all the papers and materials constituting the record to the Board of Adjustment.
The Board of Adjustment may grant a variance if it concludes that strict enforcement of the Chapter would result in practical difficulties or undue hardship for the applicant and that, by granting the variance, the spirit of the Chapter will be observed, public safety and welfare will be secured and substantial justice will be done. The Board of Adjustment may reach these conclusions if it finds that:
The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public.
The applicant cannot make reasonable use of his/her property if strict compliance with the regulations is required.
The hardship relates to the applicant's land, rather than personal circumstances.
The hardship is unique, or nearly so, rather than one that is suffered by neighbors or the general public.
The hardship is not the result of the applicant's own actions.
The variance will not nullify the intent and purpose of the City of Billings land development regulations.
In granting a variance, the Board of Adjustment may impose such reasonable conditions to ensure that the use of the property to which the variance applies will be as compatible as practical with surrounding properties.
A variance may be issued for a specified or indefinite duration.
The nature of the variance shall be entered upon (development) permit. All such conditions are enforceable in the same manner as any applicable requirement of this Chapter.
[Ord. No. 777 §26-105, 3-23-1994]
When an appeal or variance request is taken to the Board of Adjustment in accordance with Sections 400.880 and 400.890, the administrative official shall have the initial burden of presenting to the Board of Adjustment sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant who shall also have the burden of persuasion.
[Ord. No. 777 §26-106, 3-23-1994]
With respect to appeals, a motion to reverse, affirm or modify the order, requirement or decision appealed from shall include, so far as practical, a statement of the specific reasons or findings of fact that support the motion. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement or decision or to decide in favor of the applicant on any matter upon which it is required to pass.
With respect to variances, the Board of Adjustment shall take a separate vote on each of the six (6) required findings stated in Section 400.890(B). The affirmative vote of four (4) members of the Board shall be required on each separate finding. Insofar as is practical, a motion to make an affirmative finding on each of the requirements shall include a statement of the specific reasons or findings of fact supporting the motion.
A motion to deny a variance may be made on the basis that any one (1) or more of the requirements set forth in Section 400.890(B) are not satisfied or that the application is incomplete. Such motion, insofar as is practical, shall include a statement of the reasons or findings of fact that support the motion. A motion to deny a variance is adopted as the Board of Adjustment's decision if supported by more than one (1) affirmative vote.
[Ord. No. 777 §26-107, 3-23-1994]
Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons or any officer, department, board or bureau of the municipality, may present to the circuit court of the County or City in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality.