The Board shall set its operating rules in accordance with MCA §§ 76-2-321 through 76-3-328, as amended, and shall have the following powers:
(A) Hear and decide appeals. 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 act or of any ordinance adopted pursuant thereto;
(B) Variances.
(1) Power to authorize. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
(2) Requirements allowed modification. More specifically, the Board may, after public notice and hearing, conditionally approve, deny, or approve any request to modify the following requirements of this chapter:
(a) Setback requirements;
(b) Yard requirements;
(c) Area requirements;
(d) Height requirements;
(e) Parking requirements; and
(f) Loading requirements.
(C) Vote. The concurring vote of four 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 applicant on any matter upon which it is required to pass under this chapter or to affect any variation of this chapter; and
(D) Meetings. All Board of Adjustment meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
(2015 Code, § 11-24-3) (Ord. 454, passed 6-19-2000)