§ 11-1-134 DECISION.

   (A)   The city’s Board of Adjustment shall:

      (1)   Evaluate the application using the criteria and findings in this section, the application requirements and minimum development standards in §§ 11-1-75 through 11-1-88 and 11-1-100 through 11-1-103 of this chapter;

      (2)   Hear, make findings and approve, conditionally approve or deny a variance within 60 days of a complete application;

      (3)   Attach conditions to the granting of variance, including a project completion date and inspections during and after construction;

      (4)   Notify the applicant that the issuance of a variance to construct a structure below the base flood level may result in increased premium rates for flood insurance and that flood insurance premiums are determined by actuarial risk and will not be modified by the granting of a variance; and

      (5)   Grant approval only if the jurisdictional area of the regulated flood hazard area has been approved pursuant to § 11-1-47 of this chapter.

   (B)   The Floodplain Administrator shall maintain a record of all actions involving a variance, including the Board’s findings and decision and shall send a copy of each variance granted to DNRC.

   (C)   The Floodplain Administrator shall report such variances issued in the biennial report submitted to FEMA.

(Ord. 2013-01, passed 1-30-2013)

Federal law reference:

   Variances and exceptions, see 44 C.F.R. § 60.6(a)(6)

Statutory reference:

   Variances for obstructions or non-conforming uses, see MCA 76-5-405