76-15-723. Petition for variance. (1) A qualified elector may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardship in the way of the elector carrying out upon the elector's lands the strict letter of the land use regulations prescribed by ordinance approved by the supervisors and asking the board to authorize a variance from the terms of the land use regulations in the application of the regulations to the lands occupied by the petitioner.
(2) Copies of the petition must be served by the petitioner upon the presiding officer of the supervisors of the district within which the petitioner's lands are located and upon the department.
History: En. Sec. 11, Ch. 72, L. 1939; amd. Sec. 10, Ch. 431, L. 1971; amd. Sec. 93, Ch. 253, L. 1974; amd. Sec. 53, Ch. 439, L. 1975; R.C.M. 1947, 76-111(part); amd. Sec. 2534, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 15. Conservation Districts
76-15-701. Adoption of land use regulations
76-15-702. Referendum on proposed land use regulations
76-15-703. Voter approval of proposed regulations required
76-15-704. Regulations to have force of law
76-15-705. Alteration of regulations
76-15-706. Contents of land use regulations
76-15-707. Publication of regulations
76-15-708. Power to determine compliance with regulations
76-15-709. Enforcement of regulations -- petition to district court
76-15-710. Court procedure after petition is filed
76-15-711. through 76-15-720 reserved
76-15-721. Board of adjustment
76-15-722. Operation of board of adjustment
76-15-723. Petition for variance
76-15-724. Hearing on petition for a variance