§ 17.16.32.020. Application and review procedure for variances that do not relate to the subdivision regulations.

A.

Submittal of application. The applicant shall submit a completed application to the Planning and Community Development Department along with the application fee as may be established by the City Commission.

B.

Determination of completeness. Within ten (10) days of submittal, the Director of Planning and Community Development shall determine if the application is complete. If the application is deemed incomplete, it shall be returned to the applicant and the applicant has six (6) months to resubmit the application or forfeit the application fee. The director shall take no further steps to process the application until the deficiencies are remedied.

C.

Notice. Consistent with Article 4 of this chapter, the director shall provide for public notice, property owner notification, and agency notification.

D.

Staff report. The director shall prepare a written staff report as described in this article and mail it to each member of the Board of Adjustment, the applicant, and the applicant's agent, if any, no later than three (3) days prior to the public hearing. He/she shall also provide a copy to interested people upon request.

E.

Public hearing. Allowing for proper notice, the Board of Adjustment shall hold a public hearing to review the application.

F.

Decision. Within thirty (30) days of the determination of completeness, the Board of Adjustment shall approve the application, approve it with conditions, or deny it. Such decision shall be in writing and shall include the findings in support of its decision and if approved any conditions as may be imposed.

G.

DNRC notification of decision. If the variance is related to the floodplain regulations, the Floodplain Administrator shall send a copy of the decision to the Montana Department of Natural Resources and Conservation, Floodplain Management Section.

H.

Applicant notification. Within five (5) days following the decision, the director shall mail the applicant the original (signed) copy of the decision and retain a copy for the public record.

I.

Additional procedural steps. If the board grants the variance, the applicant shall then follow other review procedures as may be required.

(Ord. No. 3056, § 1, 8-17-2010; Ord. No. 3102, § 3(Attach. A), 3-5-2013)