CHAPTER 12
VARIANCES

SECTION:

12-12-1: General

12-12-2: Variance Application Requirements

12-12-3: Notice Requirements For Floodplain Variance Application

12-12-4: Evaluation Of Variance Application

12-12-5: Decision

12-12-6: Judicial Review

12-12-1: GENERAL:

A variance from the minimum development standards of these regulations may be allowed. An approved variance would permit construction in a manner otherwise as required or prohibited by these regulations ((44 CFR 59.1) (ARM 36.15.218)). (Ord. 16-3, 11-7-2016; amd. Ord. 16-3, 12-19-2018)

12-12-2: VARIANCE APPLICATION REQUIREMENTS:

   A.   Prior to any consideration of a variance from any development standard in these regulations, a completed Floodplain Permit application and required supporting material must be submitted.

   B.   Additionally, supporting materials in a Variance application specific to the variance request including facts and information addressing the criteria in this Section must be submitted.

   C.   If the Floodplain permit application and Variance application is deemed not correct and complete, the Floodplain Administrator shall notify the applicant of deficiencies within a reasonable time not to exceed 60 days. Under no circumstances should it be assumed that the variance is automatically granted. (Ord. 16-3, 11-7-2016; amd. Ord. 16-3, 12-19-2018)

12-12-3: NOTICE REQUIREMENTS FOR FLOODPLAIN VARIANCE APPLICATION:

Public Notice of the Floodplain permit application and Variance application shall be given pursuant to section 12-8-2. (Ord. 16-3, 11-7-2016; amd. Ord. 16-3, 12-19-2018)