Montana Petition to Board of Zoning Appeals in Support of Application for a Variance

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US-01290BG
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Description

Zoning is a government-imposed restriction on the use that may be made of land.
For example, a municipality may adopt a zoning ordinance that permits the construction of only single-family houses in a designated portion of the city. Zoning is used to plan future community growth and to ensure reasonable, orderly development. A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing zoning ordinance.


This form is a generic example of a petition appealing a decision of a zoning board of a municipality to a higher administrative agency. In this petition, petitioner is asking that he be allowed to use the premises in a way other than for a dwelling.

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FAQ

SECTION 6-29-790. Board of zoning appeals; officers; rules; meetings; notice; records. The board shall elect one of its members chairman, who shall serve for one year or until he is re-elected or his successor is elected and qualified.

Residents can also appeal a zoning or ZBA decision to the Superior Court. They have 15 days from when the decision was published by serving notice the commission's or board's chairman. The statutes specify the steps the residents and the court must follow to resolve the appeal.

The Board of Zoning Appeals (BZA) is a quasi-judicial body that hears requests for variances from zoning regulations, appeals of staff decisions, and special exceptions. The BZA generally meets on the second Wednesday of each month at 3 p.m. in Council Chambers on the fourth floor of the Opera House at 21 N.

The purpose of the Planned Development (PD) District is to encourage integrated and well-planned mixed-use development in locations throughout the City.

The Board of Zoning Appeals is a quasi-judicial board that makes decisions regarding zoning issues. Cases are posted and advertised in ance with Chapter 17 of the City Code of Ordinances and with Title 30, Chapter 4 of the code of Laws of South Carolina. The Board meets the first Thursday of every month.

USE VARIANCE STANDARDS 1) The applicant must prove that the property is unable to achieve a reasonable return for any use allowed in that zoning district. 2) The applicant must prove that unique circumstances apply to the property for which the variance is requested.

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Montana Petition to Board of Zoning Appeals in Support of Application for a Variance