Montana Code 76-3-506. Provision for granting variances
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76-3-506. Provision for granting variances. (1) Subdivision regulations may authorize the governing body, after a public hearing on the variance request before the governing body or its designated agent or agency, to grant variances from the regulations when strict compliance will result in undue hardship and when it is not essential to the public welfare.
Terms Used In Montana Code 76-3-506
- Governing body: means a board of county commissioners or the governing authority of a city or town organized pursuant to law. See Montana Code 76-3-103
- Minor subdivision: means a subdivision that creates five or fewer lots from a tract of record. See Montana Code 76-3-103
- Subdivision: means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium. See Montana Code 76-3-103
(2)Any variance granted pursuant to this section must be based on specific variance criteria contained in the subdivision regulations.
(3)A minor subdivision as provided for in 76-3-609(2) is not subject to the public hearing requirement of this section.