17.12.1.010 Establishment

The Great Falls Planning Advisory Board is established to undertake the responsibilities herein defined, pursuant to and under the provisions of the Charter of the City of Great Falls.

17.12.1.020 Jurisdiction

The jurisdictional area of the board includes the area within the incorporated limits of the City of Great Falls and such areas as may be granted or authorized pursuant to intergovernmental agreements.

17.12.1.030 Duties, services and functions

1. Generally. In general, the Board shall perform and provide the duties, services and functions established and assigned through City ordinance, resolution, agreements, this Title, etc., including the authority and responsibility to:
   1. Advise the City Commission on all community planning and land development activities specified in this Title, as well as any other duties, functions, services and activities requested or assigned;
   2. Undertake and perform other duties, services and functions, as requested by the City Commission.
2. Long-range planning. The board shall have the authority and responsibility to:
   1. If requested by the City, initiate, prepare, review, hear, and make recommendations to the City Commission on the adoption or amendment of a growth policy and such ordinances and resolutions necessary to implement the growth policy;
   2. Initiate, prepare, review, hear and make recommendations to the City Commission on the adoption or amendment of any planning documents designed to guide the orderly development of the community.
3. Subdivision, annexation, zoning and conditional use review. The board shall have the authority and responsibility to review, hear, and make recommendations to the City Commission on subdivision applications and plats, annexations, zoning and rezoning petitions and conditional use permits.
4. Transportation. The board shall have the authority and responsibility to:
   1. Review, prioritize and recommend projects for use of Community Transportation Enhancement Program (CTEP) funds;
   2. Serve as the Metropolitan Planning Organization (MPO) for the Great Falls Urbanized Area Transportation Planning Process, including participation in said process.

17.12.1.040 Composition and appointment of members

1. Number and appointment. The board shall consist of 9 members appointed by the City Commission, who:
   1. are residents of the City of Great Falls; and,
   2. are not City employees or elected officials.
2. Considerations in making appointments. Any interested and eligible citizen may be appointed to the board, but those with knowledge of or experience or interest in the fields of planning, development and zoning shall receive special consideration.
3. Terms. Each member shall be appointed to a 3-year term, beginning and ending on the first day of January.
4. Vacancies. When a position becomes vacant before the end of the term, the position shall be filled by the City Commission for the unexpired term.
5. Conditions for removal. A member may be removed from office by a majority vote of the City Commission.
6. Reappointments. Each member may be reappointed when their term has expired to the extent that City policy regarding reappointments allows.

17.12.1.050 Officers

1. Election. At its first regular meeting in each calendar year, the board shall elect from its members a chairman and vice-chairman to serve for a period of one year. If there is more than one nominee for any office, voting shall be by secret ballot.
2. Nominations. A nominating committee of 3 members, elected by a majority vote of the board, shall prepare a slate of nominees. The committee shall present the slate at the regular meeting preceding the annual meeting or notify the members in writing at least 2 weeks before the election at the annual meeting. Nominations may also be made from the floor, provided the nominee consents to the nomination.
3. Terms of office. All elective offices shall be for one year. An officer whose term has expired shall hold office until a successor is elected.
4. Limitation on consecutive terms. No member shall hold the same elective office for more than 3 consecutive terms.
5. Vacancies. In the event of a vacancy in any office, the chairman, upon approval by a majority of voting members present, shall designate a member to fill the unexpired term of the office.
6. Rights of chairman. The chairman shall have all the rights and privileges of a board member.
7. Duties of chairman. The chairman shall:
   1. preside at all meetings of the board,
   2. be an ex-officio member of all committees except the nominating committee,
   3. act as a liaison between the board and the Planning Department,
   4. execute all legal documents on behalf of the board,
   5. authorize all financial transactions upon approval of a majority of members present,
   6. appoint the chair and members of all committees except the nominating committee,
   7. call special meetings as provided herein, and
   8. act as the public representative of the board or designate an alternate.
8. Duties of vice-chairman. The vice-chairman shall perform the duties of the chairman in all cases in which the chairman is unable to serve or as otherwise directed by the chairman.
9. Duties of secretary. The Director of the Planning Department shall function as the secretary of the board. The secretary shall maintain the minutes and records of the board and issue calls and notices pertaining to the board, prepare and distribute the agenda for all regular meetings at least four days prior to the meeting, keep a roll of membership and attendance, and supervise the balloting at all elections.

17.12.1.060 Board procedures

The board shall be governed by the rules contained in “Robert’s Rules of Order, Revised,” in all parliamentary procedures, as applicable.

17.12.1.070 Schedule of meetings

The board shall fix the time for holding regular meetings, but shall meet at least once each month during the year.

17.12.1.080 Special meetings

Special meetings of the board may be called by the chairman or by two members upon written request to the secretary of the board. The secretary shall send to all members, at least 2 days in advance of a special meeting, a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if the time of the special meeting has been fixed in a regular meeting or if all the members are present at the special meeting.

17.12.1.090 Voting and quorum

1. Requirements for quorum. A quorum shall consist of 5 members.
2. Requirements for official action. No action of the board shall be official unless authorized by 5 or more members of the board at a regular or properly called special meeting.
3. Disqualification or voluntary abstention from voting. In adjudicative decisions, a member shall abstain from voting on a particular issue or shall be disqualified by majority vote of the remaining members present, if any of the following circumstances apply:
   1. The member has a direct financial interest in the outcome of the matter at issue; or
   2. The member has such close personal ties to the applicant, the project, or to a party opposing the application that the member can not reasonably be expected to exercise sound judgment in the public interest; or
   3. The member owns property within the area entitled to receive written notice; or
   4. Participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or
   5. Other applicable law that applies.

17.12.1.100 Compensation and expenses

Members shall receive no salary for serving on the board but may be reimbursed for transportation and actual expenses up to but not exceeding State transportation reimbursements and allowable expenses for attendance at conferences, workshops, training sessions, etc.

17.12.1.110 Ethics

All members of the board shall comply with the provisions of the City of Great Falls Code of Ethics.

17.12.1.120 Contracts and agreements

Through the City, the board may accept, receive, and expend funds, grants, and services from the Federal government or its agencies and instrumentalities, from State or local governments or their agencies and instrumentalities, or from civic sources; may contract with respect thereto; and may provide such information and reports as may be necessary to secure such financial aid. The City may make all contracts for special or temporary services and any professional services to assist the board.

17.12.1.130 Staff

The City shall assign staff employed by the City to assist the board in conducting its duties. The board may delegate to assigned staff the authority to perform ministerial acts in all cases except when final action of the board is necessary. The staff will be responsive and responsible to the board for all work necessary to carry out its responsibilities.

17.12.1.140 Fiscal administration and budget

To finance the yearly operations of the board, the director of the Planning Department shall prepare a budget for approval by the board and the City, in the same manner as City departments. The budget shall be based on projected revenue from all sources and shall estimate projected expenditures. Further, the budget shall be limited in all expenditures to the provisions made therefore by the City.

17.12.2.010 Establishment

Pursuant to 76-2-307, MCA, a Zoning Commission is established to undertake the responsibilities herein defined.

17.12.2.020 Jurisdiction

The jurisdictional area of the commission includes the area within the incorporated limits of the City.

17.12.2.030 Authority

The commission shall have the authority to:

1. Review, hear, and make recommendations to the City Commission on conditional use permits.
2. Prepare and submit an application to amend this Title when it deems appropriate.
3. Review, hear, and make recommendations to the City Commission on applications to amend this Title.
4. Review and hear other applications as may be specified in this Title.

17.12.2.040 Composition and appointment of members

The members of the Great Falls Planning Advisory Board shall serve as the members of the zoning commission.

17.12.2.050 Officers

1. Election. At its first regular meeting in each calendar year, the commission shall elect from its members a chairman and vice-chairman to serve for a period of one year. If there is more than one nominee for any office, voting shall be by secret ballot.
2. Nominations. Nominations may be made from the floor, provided the nominee consents to the nomination.
3. Terms of office. All elective offices shall be for one year. An officer whose term has expired shall hold office until a successor is elected.
4. Limitation on consecutive terms. No member shall hold the same elective office for more than 3 consecutive terms.
5. Vacancies. In the event of a vacancy in any office, the chairman, upon approval by a majority of voting members present, shall designate a member to fill the unexpired term of the office.
6. Rights of chairman. The chairman shall have all the rights and privileges of a commission member.
7. Duties of chairman. The chairman shall:
   1. preside at all meetings of the commission,
   2. act as a liaison between the commission and the Planning Department,
   3. execute all legal documents on behalf of the commission,
   4. call special meetings as provided herein, and
   5. act as the public representative of the commission or designate an alternate.
8. Duties of vice-chairman. The vice-chairman shall perform the duties of the chairman in all cases in which the chairman is unable to serve or as otherwise directed by the chairman.
9. Duties of secretary. The Director of the Planning Department shall function as the secretary of the commission. The secretary shall maintain the minutes and records of the commission and issue calls and notices pertaining to the commission, prepare and distribute the agenda for all regular meetings at least four days prior to the meeting, keep a roll of membership and attendance, and
   supervise the balloting at all elections.

17.12.2.060 Commission procedures

The commission shall be governed by the rules contained in “Robert’s Rules of Order, Revised,” in all parliamentary procedures, as applicable.

17.12.2.070 Schedule of meetings

1. Regular meeting. The commission shall schedule meetings to review applications for which it has authority to review.
2. Special meeting. Special meetings may be called by the chairman, 2 members of the commission, or the City Commission upon written request to the secretary.

17.12.2.080 Notice for special meetings

The secretary shall send a written notice to all members at least 2 days in advance of a special meeting.

17.12.2.090 Voting and quorum

1. Requirements for quorum. A quorum shall consist of 5 members.
2. Requirements for voting. Each decision of the commission shall be approved by a majority vote of the members present at a meeting in which a quorum is in attendance and voting.
3. Disqualification or voluntary abstention from voting. In adjudicative decisions, a member shall abstain from voting on a particular issue or shall be disqualified by majority vote of the remaining members present, if any of the following circumstances apply:
   1. The member has a direct financial interest in the outcome of the matter at issue; or
   2. The member has such close personal ties to the applicant, the project, or to a party opposing the application that the member can not reasonably be expected to exercise sound judgment in the public interest; or
   3. The member owns property within the area entitled to receive written notice; or
   4. Participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or
   5. Other applicable laws that apply.

17.12.2.100 Compensation and expenses

Members shall receive no salary for serving on the commission but may be reimbursed for transportation and actual expenses up to but not exceeding State transportation reimbursements and allowable expenses for attendance at conferences, workshops, training sessions, etc.

17.12.2.110 Ethics

All members of the commission shall comply with the provisions of the City of Great Falls Code of Ethics.

17.12.2.120 Joint airport zoning board

The commission established by this part shall also assume the responsibilities of the joint airport zoning board.

17.12.3.010 Establishment

A Design Review Board is established to undertake the responsibilities herein defined.

17.12.3.020 Authority

To further promote the health, safety and general welfare of the City, the board has the authority and responsibility to review specified types of development proposals to ensure that the design and aesthetics conform to the review criteria contained in this Title. The board may approve or deny, in whole or in part, or may modify and set conditions for approval, or provide advice and counsel.

17.12.3.030 Composition and appointment of members

1. Number and appointment. The board shall consist of 5 voting members appointed by the City Commission.
2. Considerations in making appointments. Members shall be residents of the City. The City Commission shall make an effort to achieve a diversity of expertise, background, and interest. Such diversity should preferably include 2 architects and 3 individuals chosen for their demonstrated interest in and expertise in design or community aesthetics. No member of the City Commission or employee of the City shall be eligible for membership on the board.
3. Terms. Each member shall be appointed to a 3-year term. The expiration of initial terms of board members will be staggered to assure continuity.
4. Vacancies. When a position becomes vacant before the end of the term, the City Commission shall make an appointment. A member whose term expires may continue to serve until a successor is appointed and qualified.
5. Conditions for removal. A member shall be removed from the board and the member's office declared vacant under the following conditions:
   1. The member fails to attend 3 successive regular meetings without excused absences; or
   2. The member moves outside of the City; or
   3. The City Commission declares without notice and without assignment of cause the removal of a member.

17.12.3.040 Officers

1. Election. At its annual meeting, the board shall elect a chair and vice-chair from among its membership by majority vote. If there is more than one nominee for any office, voting shall be by secret ballot.
2. Nominations. Nominations may be made from the floor, provided the nominee consents to the nomination.
3. Terms of office. All elective offices shall be for one year. An officer whose term has expired shall hold office until a successor is elected.
4. Limitation on consecutive terms. No member shall hold the same elective office for more than 3 consecutive terms.
5. Vacancies. In the event of a vacancy in any office, the chair, upon approval by a majority of voting members present, shall designate a member to fill the unexpired term of the office.
6. Rights of chair. The chair shall have all the rights and privileges of a board member.
7. Duties of chair. The chair shall:
   1. preside at all meetings of the board,
   2. plan the agenda for the board,
   3. act as a liaison between the board and the Community Development Department,
   4. execute all legal documents on behalf of the board,
   5. call special meetings as provided herein, and
   6. act as the public representative of the board or designate an alternate.
8. Duties of vice-chair. The vice-chair shall perform the duties of the chair in all cases in which the chair is unable to serve or as otherwise directed by the chair.
9. Duties of secretary. The secretary shall:
   1. maintain the minutes and records of the board and issue calls and notices pertaining to the board,
   2. distribute the agenda for all regular and annual meetings at least one week prior to the meeting,
   3. keep a roll of membership and attendance, and
   4. supervise the balloting at all elections.
10. Delegation of duties. The board may delegate the duties of the secretary to the Community Development Department by a majority vote.

17.12.3.050 Board procedures

The board may adopt rules of procedure to carry out it purposes. All rules must conform to this Title, other City regulations, and State law and shall be filed in the office of the City Clerk.

17.12.3.060 Schedule of meetings

1. Annual meeting. The board shall meet at least once a year in January to elect officers and for such other business as may arise.
2. Regular meeting. The board shall schedule meetings to review applications for which it has authority to review.
3. Special meeting. Special meetings may be called by the chair or by 2 members of the board or the City Commission upon written request to the secretary.

17.12.3.070 Voting and quorum

1. Requirements for quorum. A quorum shall consist of 3 voting members.
2. Requirements for voting. Each decision of the board shall be approved by a majority vote of the members present at a regular, annual, or special meeting in which a quorum is in attendance and voting.
3. Disqualification or voluntary abstention from voting. A member shall abstain from voting on a particular issue or shall be disqualified by majority vote of the remaining members present, if any of the following circumstances apply:
   1. The member has a direct financial interest in the outcome of the matter at issue; or
   2. The member has such close personal ties to the applicant , the project, or to a party opposing the application that the member can not reasonably be expected to exercise sound judgment in the public interest; or
   3. The member owns property within the area entitled to receive written notice; or
   4. Participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or
   5. Other applicable law that applies.

17.12.3.080 Compensation and expenses

1. Compensation. Members shall not be compensated for their services on the board.
2. Expenses. Members may be paid for travel and other expenses incurred on board business under procedures prescribed in advance by the City Commission.

17.12.3.090 Legal representation

The City Commission may appoint legal counsel to represent the board when it deems necessary.

17.12.4.010 Establishment

1. Commission. In order to carry out the purpose of this chapter, the Great Falls City-County Historical Preservation Advisory Commission is hereby created.
2. Historic preservation program. A local historic preservation program is hereby created to promote the preservation of historic and prehistoric sites, structures, buildings and districts through the identification, evaluation and protection of historic resources within the County and City. This program is intended to promote the public interest and welfare by:
   1. Enhancing the visual character of the City and County by encouraging preservation ideals;
   2. Promoting the tourist industry of the City and County by encouraging the preservation of historically significant buildings and structures;
   3. Fostering public appreciation of and civic pride in the beauty of the community and the accomplishments of the past;
   4. Integrating historic preservation into local, State and federal planning and decision-making processes;
   5. Safeguarding the heritage of the community by providing a system for identification and evaluation of historic buildings and structures representing significant elements of its history.

17.12.4.020 Authority

The commission shall serve in an advisory capacity to the Board of County Commissioners, City Commission, Great Falls Planning Advisory Board, and the Business Improvement District and have the authority to:

1. Maintain a system for the survey and inventory of historic properties. The commission shall maintain this inventory of identified districts, sites and/or structures within the County and the City and make this information available to the public;
2. Use the National Register of Historic Places criteria for designation of historic and prehistoric properties;
3. Participate in the process of nominating to the National Register of Historic Places according to procedures established for certified local governments. This includes reviewing and commenting on any National Register nominations of property within the County and City;
4. Consult with the City, County, State and federal agencies on all applications, environmental assessments, environmental impact statements, and other similar documents pertaining to historic districts, landmark sites, landmarks or properties;
5. Review the City's land development regulations for their applicability to issues of historic preservation and make appropriate recommendations to the Planning Board and Zoning Commission concerning any changes or modifications to the zoning regulations and zoning district boundaries;
6. Render advice and guidance upon request of property owners as to the restorations, alterations, decoration, landscaping or maintenance of historic buildings or structures. The commission shall create design guidelines which will be made available to the public for assistance in preservation projects;
7. Provide a means of informing owners of property, buildings and structures of potential tax incentives and federal and/or State grants that might be obtained through the preservation of historic facilities;
8. Participate in, promote and conduct public informational, educational and interpretive programs pertaining to historic preservation;
9. Advise on State guidelines and make recommendations in an attempt to ensure compliance regarding certification;
10. In carrying out the listed powers and duties of the commission, the commission shall at all times ensure that any surveys, analyses, evaluations, reviews, or reports relating to any property or project within the City are completed within the current time frames for development. Should the commission fail to complete any of the above actions in time to be included for final action of the City Commission or Board of County Commissioners, such failure shall not in any way impede the decision of the City Commission or Board of County Commissioners.

17.12.4.030 Composition and appointment of members

1. Number and appointment. The commission shall consist of 9 members appointed as follows:
   1. Four members as appointed by the Board of County Commissioners
   2. Four members as appointed by the City Commission
   3. One member who has professional architectural expertise as appointed by the commission by a majority vote
2. Considerations in making appointments. Members shall have expertise/qualifications in one or more of the following areas: history, planning, archaeology, architecture, architectural history, historic archaeology, or other history preservation-related disciplines such as cultural geography or cultural anthropology. Ownership of property nominated to the National Register of Historic Places may also qualify a person to serve on this commission.
3. Terms. Each member shall be appointed to a 3-year term. During the initial round of appointments, 2 members shall be appointed to one-year terms.
4. Vacancies. When a position becomes vacant before the end of the term, the position shall be filled by the appropriate governing body. A member whose term expires may continue to serve until a successor is appointed and qualified.
5. Conditions for removal. A member shall be removed from the commission and the member's office declared vacant under the following conditions:
   1. The member fails to attend 3 successive meetings without excused absences; or
   2. The member moves outside of the jurisdiction the member represents; or
   3. The governing body that appoints the member to the commission declares without notice and without assignment of cause the removal of a member.

17.12.4.040 Officers

1. Election. At its annual meeting, the commission shall elect a chair, vice-chair, and secretary from among its membership by majority vote. If there is more than one nominee for any office, voting shall be by secret ballot.
2. Nominations. A nominating committee of 3 members, elected by a majority vote of the commission, shall prepare a slate of nominees. The committee shall present the slate at the regular meeting preceding the annual meeting or notify the members in writing at least 2 weeks before the election at the annual meeting. Nominations may also be made from the floor, provided the nominee consents to the nomination.
3. Terms of office. All elective offices shall be for one year. An officer whose term has expired shall hold office until a successor is elected.
4. Limitation on consecutive terms. No member shall hold the same elective office for more than 3 consecutive terms.
5. Vacancies. In the event of a vacancy in any office, the chair, upon approval by a majority of voting members present, shall designate a member to fill the unexpired term of the office.
6. Rights of chair. The chair shall have all the rights and privileges of a commission member.
7. Duties of chair. The chair shall:
   1. preside at all meetings of the commission;
   2. plan the agenda for the commission;
   3. act as a liaison between the commission, the Community Development Department, and the Planning Department;
   4. execute all legal documents on behalf of the commission;
   5. call special meetings as provided herein; and
   6. act as the public representative of the commission or designate an alternate.
8. Duties of vice-chair. The vice-chair shall perform the duties of the chair in all cases in which the chair is unable to serve or as otherwise directed by the chair.
9. Duties of secretary. The secretary shall:
   1. maintain the minutes and records of the commission and issue calls and notices pertaining to the commission,
   2. distribute the agenda for all meetings at least one week prior to the meeting,
   3. keep a roll of membership and attendance, and
   4. supervise the balloting at all elections.
10. Delegation of duties. The commission may delegate the duties of the secretary to the Community Development Department / Planning Department by a majority vote.

17.12.4.050 Commission procedures

The commission may adopt rules of procedure to carry out it purposes. All rules must conform to this Title, other City regulations, and State law and shall be filed in the office of the City Clerk and County Clerk and Recorder.

17.12.4.060 Schedule of meetings

1. Annual meeting. The commission shall meet at least once a year in January to elect officers and for such other business as may arise.
2. Special meeting. Special meetings may be called by the chair or by 2 members of the commission, the City Commission, or the Board of County Commissioners upon written request to the secretary.

17.12.4.070 Voting and quorum

1. Requirements for quorum. A quorum shall consist of 4 voting members.
2. Requirements for voting. Each decision of the commission shall be approved by a majority vote of the members present at a meeting in which a quorum is in attendance and voting.
3. Disqualification or voluntary abstention from voting. In adjudicative decisions, a member shall abstain from voting on a particular issue or shall be disqualified by majority vote of the remaining members present, if any of the following circumstances apply:
   1. The member has a direct financial interest in the outcome of the matter at issue; or
   2. The member has such close personal ties to the applicant, the project, or to a party opposed to the application that the member can not reasonably be expected to exercise sound judgment in the public interest; or
   3. The member owns property within the area entitled to receive written notice; or
   4. Participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or
   5. Other applicable law that applies.

17.12.4.080 Compensation and expenses

1. Compensation. Members shall not be compensated for their services on the commission.
2. Expenses. Members may be paid for travel and other expenses incurred on commission business under procedures prescribed in advance by the City Commission and Board of County Commissioners.

17.12.4.090 Legal representation

The City Commission and Board of County Commissioners may appoint legal counsel to represent the commission when it deems necessary.

17.12.4.100 Staff

1. Historic preservation officer. The City shall provide a historic preservation officer to act as staff to the commission. The commission should be involved in the selection process for new hires.
2. Duties. Duties of the preservation officer include coordinating the local historic preservation programs, helping in the development of local surveys, projects and historic preservation planning documents, advising and providing assistance to the commission, government agencies and the public, and ensuring to the extent practicable that the duties and responsibilities delegated by this article are carried out.

17.12.5.010 Establishment

Pursuant to 76-2-321, MCA, a Board of Adjustment is established to undertake the responsibilities herein defined.

17.12.5.020 Authority

1. Generally. The Board of Adjustment shall have the following authority and responsibility:
   1. Appeals. To hear and decide appeals where it is alleged that an administrative official responsible for administering this Title or the housing or building regulations:
      1. failed to act as required;
      2. made an error in issuing a permit or in denying an application;
      3. made an error in enforcement; or d. made an error in an interpretation or any other determination. (See: 76-2-323 (1), MCA)
   2. Variances. To hear and decide variances consistent with this Title. (See: 76-2-323 (1), MCA)
2. Powers. In exercising these powers, the board may compel the administrative official to act as required or 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. (See: 76-2-323 (2), MCA)
3. Chair. The chair or acting chair may administer oaths and compel the attendance of witnesses. (See: 76-2-321, MCA)

17.12.5.030 Composition and appointment of members

1. Number and appointment. The board shall consist of 5 members as appointed by the City Commission.
2. Considerations in making appointments. Board members shall be residents of the City.
3. Terms and vacancies. Each member shall be appointed to hold office for a period of 3 years and until a successor is appointed and qualified. (See: 76-2-322 (1), MCA) Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. (See: 76-2-322 (2), MCA)
4. Conditions for removal. The City Commission may remove a member for cause upon written charges and after public hearing. (See: 76-2-322 (1), MCA)

17.12.5.040 Officers

1. Election. At its annual meeting, the board shall elect a chair, vice-chair, and secretary from among its membership by majority vote. If there is more than one nominee for any office, voting shall be by secret ballot.
2. Nominations. Nominations may be made from the floor, provided the nominee consents to the nomination.
3. Terms of office. All elective offices shall be for one year. An officer whose term has expired shall hold office until a successor is elected.
4. Limitation on consecutive terms. No member shall hold the same elective office for more than 3 consecutive terms.
5. Vacancies. In the event of a vacancy in any office, the chair, upon approval by a majority of voting members present, shall designate a member to fill the unexpired term of the office.
6. Rights of chair. The chair shall have all the rights and privileges of a board member.
7. Duties of chair. The chair shall:
   1. preside at all meetings of the board,
   2. plan the agenda for the board,
   3. act as a liaison between the board and the Community Development Department,
   4. execute all legal documents on behalf of the board,
   5. call special meetings as provided herein, and
   6. act as the public representative of the board or designate an alternate.
8. Duties of vice-chair. The vice-chair shall perform the duties of the chair in all cases in which the chair is unable to serve or as otherwise directed by the chair.
9. Duties of secretary. The secretary shall:
   1. maintain the minutes and records of the board and issue calls and notices pertaining to the board,
   2. distribute the agenda for all meetings at least one week prior to the meeting,
   3. keep a roll of membership and attendance, and
   4. supervise the balloting at all elections.
10. Delegation of duties. The board may delegate the duties of the secretary to the Community Development Department by a majority vote.

17.12.5.050 Board procedures

The board may adopt rules of procedure to carry out it purposes. All rules must conform to this Title, other City regulations, and State law and shall be filed in the office of the City Clerk.

17.12.5.060 Schedule of meetings

1. Annual meeting. The board shall meet at least once a year in January to elect officers and for such other business as may arise.
2. Regular meeting. The board shall schedule meetings to review applications for which it has authority to review.
3. Special meeting. Special meetings may be called by the chair or by 2 members of the board or the City Commission upon written request to the secretary. (See: 76-2-321 (3), MCA)

17.12.5.070 Voting and quorum

1. Requirements for quorum. A quorum shall consist of 4 voting members.
2. Requirements for voting. The concurring vote of 4 members shall be necessary to grant a variance or overturn in whole or part an administrative decision, or interpretation. (See: 76-2-324, MCA).
3. Disqualification or voluntary abstention from voting. In adjudicative decisions, a member shall abstain from voting on a particular issue or shall be disqualified by majority vote of the remaining members present, if any of the following circumstances apply:
   1. The member has a direct financial interest in the outcome of the matter at issue; or
   2. The member has such close personal ties to the applicant , the project, or to a party opposing the application that the member can not reasonably be expected to exercise sound judgment in the public interest; or
   3. The member owns property within the area entitled to receive written notice; or
   4. Participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or
   5. Other applicable law that applies.

17.12.5.080 Compensation and expenses

1. Compensation. Members shall not be compensated for their services on the board.
2. Expenses. Members may be paid for travel and other expenses incurred on board business under procedures prescribed in advance by the City Commission.

17.12.5.090 Legal representation

The City Commission may appoint legal counsel to represent the board when it deems necessary.

17.12.5.100 Board of airport hazard adjustment

The board established in this article shall also serve as the board of airport hazard adjustment consistent with 67-4-312, MCA. The board shall expressly state in its public notice and at the opening of its meetings that it is acting as the Board of Airport Hazard Adjustment.