Montana Code 76-25-502. Variances
76-25-502. Variances. (1) All land use regulations must include a process for the submission and review of variances.
Terms Used In Montana Code 76-25-502
- Land use regulations: means zoning, zoning map, subdivision, or other land use regulations authorized by state law. See Montana Code 76-25-103
- Planning administrator: means the person designated by the local governing body to review, analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other development applications as required in this chapter. See Montana Code 76-25-103
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Property: means real and personal property. See Montana Code 1-1-205
- 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 76-25-103
(2)The application for a variance must be for relief from land or building form design standards or subdivision design and improvement standards.
(3)Variance applications must be considered and approved or approved with conditions before application or in conjunction with application for a zoning permit or subdivision approval.
(4)The granting of a variance must meet all of the following criteria:
(a)the variance is not detrimental to public health, safety or general welfare;
(b)the variance is due to conditions peculiar to the property, such as physical surroundings, shape, or topographical conditions;
(c)strict application of the regulations to the property results in an unnecessary hardship to the owner as compared to others subject to the same regulations and that is not self-imposed;
(d)the variance may not cause a substantial increase in public costs; and
(e)the variance may not place the property in nonconformance with any other regulations.
(5)Additional criteria may apply if the variance is associated with a floodplain or floodway pursuant to the requirements of Title 76, chapter 5.
(6)Variance requests must be reviewed and determined by the planning administrator. The planning administrator’s decision is final and no further action may be taken except as provided in 76-25-503.