A. Established: See Chapter 2.04 of the city code of ordinances.
B. Powers and duties: The Board shall set its operating rules in accordance with the laws of the state of Montana and shall have the following powers:
1. Appeals: To hear appeals and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official to enforce this title or any ordinance adopted pursuant hereto.
2. Variances:
a. Authority To Authorize: To authorize, upon appeal in specific cases, such variance from the terms of this title as shall not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed, and substantial justice is done. An unnecessary hardship shall not be construed as an event or situation caused or created by the applicant or previous property owner.
b. Required Vote: The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the application on any matter which it is required to pass under this title, or to affect any variation of this title.
c. All decisions and findings of the board of adjustment on appeals of administrative decisions and variances are final administrative decisions and are subject to review, as provided by law. (Ord. 2023-7, 7-17-2023; amd. Ord. 2023-9, 12-18-2023)