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.
(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.
History: En. Sec. 5, Ch. 500, L. 1973; amd. Sec. 3, Ch. 334, L. 1974; amd. Sec. 20, Ch. 213, L. 1975; R.C.M. 1947, 11-3863(6); amd. Sec. 14, Ch. 446, L. 2009.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 3. Local Regulation of Subdivisions
76-3-501. Local subdivision regulations
76-3-503. Hearing on proposed regulations
76-3-504. Subdivision regulations -- contents
76-3-506. Provision for granting variances
76-3-507. Provision for security requirements to ensure construction of public improvements
76-3-509. Local option cluster development regulations and exemptions authorized
76-3-510. Payment for extension of capital facilities
76-3-511. Local regulations no more stringent than state regulations or guidelines
76-3-512. and 76-3-513 reserved
76-3-514. Housing fees and dedication of real property prohibited