APPEALS

§ 11-1-150 GENERAL.

   An appeal is a formal review by the Board of Adjustment of the Floodplain Administrator’s decision granting or denial of a floodplain development permit.

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

§ 11-1-151 APPEALS REQUIREMENTS.

   An appeal to the Board shall include:

   (A)   An appeal shall include the basis of the appeal and supporting information including specific findings and conclusions of the Floodplain Administrator’s decision being appealed;

   (B)   An appeal must be submitted by an applicant or anyone who may be aggrieved by the Floodplain Administrator’s decision or order;

   (C)   Appeals must be received within 30 days of the date of the decision or order of the Floodplain Administrator; and

   (D)   Additional information specific to the appeal request may be requested.

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

§ 11-1-152 NOTICE AND HEARING.

   (A)   Notice of the pending appeal and public hearing shall be provided pursuant to § 11-1-63 of this chapter. The Floodplain Administrator may notify DNRC and FEMA of pending appeals.

   (B)   A public hearing must be held within 30 days of the notice unless applicant agrees to a different deadline.

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

§ 11-1-153 DECISION.

   A judgment on an appeal shall be made within 30 days of the hearing unless the applicant agrees to a different deadline. The decision must grant the permit, modify or deny the permit or remand the application to the Floodplain Administrator with instructions or directions. A decision on an appeal of a permit cannot grant or issue a variance.

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

§ 11-1-154 JUDICIAL REVIEW.

   Any person or persons aggrieved by the decision may appeal such decision in the courts of competent jurisdiction.

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

Statutory reference:

   Appeal of decision, see MCA 76-5-209(1)

ENFORCEMENT