(A) The Town Council may grant variances from § 154.08 of these regulations when, due to the characteristics of land proposed for subdivision, strict compliance with these standards would result in undue hardship and would not be essential to the public welfare. A variance will not be granted if it would have the effect of nullifying the intent and purpose of these regulations.
(B) The Town Council will not approve a variance unless it finds that:
(1) The granting of the variance will not be detrimental to the public health, safety, or general welfare, or injurious to other adjoining properties;
(2) Due to the physical surroundings, shape, or topographical conditions of the property involved, strict compliance with the regulations will impose an undue hardship on the owner. Undue hardship does not include personal or financial hardship, or any hardship that is self imposed;
(3) The variance will not cause a substantial increase in public costs; and
(4) The variance will not place the subdivision in nonconformance with any adopted zoning regulations.
(C) The Town Council will not, by variance, permit subdivision for building purposes in areas located within the floodway of a flood of 100-year frequency, as defined by MCA Title 76, Chapter 5.
(D) The subdivider shall include, with the submission of the preliminary plat, a written statement describing and justifying the requested variance. The Planning Board will consider the requested variance and recommend its approval or denial to the Town Council.
(E) In granting variances, the Town Council may impose reasonable conditions to secure the objectives of these regulations.
(F) When a variance is granted, the motion to approve the proposed subdivision must contain a statement describing the variance, and the facts and conditions upon which the issuance of the variance is based.
(Prior Code, § 11-4-32)