A. Conformance to these regulations and related laws of the State of Montana is the responsibility of the subdivider.
B. Variances from these subdivision regulations may be granted when the subdivider meets the burden of proving:
1. Granting of the variance will not be detrimental to the public health, safety, or general welfare, or injurious to other adjacent properties;
2. Literal enforcement of the provisions of these regulations will result in unnecessary hardship due to particular physical surroundings, shape, or topographical conditions that are unique to the specific property involved and that cannot be reasonably resolved by redesigning the subdivision proposal;
3. The variance will not cause a substantial increase in public costs; and
4. The variance conforms to the growth policy and this Code.
C. To request a variance, the subdivider must submit a written statement describing the requested variance and relevant facts showing why the variance should be granted. The City Commission and, if applicable, the Planning Board, will consider requested variances at the respective meetings on the preliminary plat.
D. When granting variances, the City Commission may impose conditions that, in its judgment, will substantially secure the objectives of these regulations. (Ord. 3166, 9-23-2013)
E. When a subdivider requests a variance from this title, the City Commission will first consider whether or not to grant any requested variance, then whether the subdivision application should be approved, conditionally approved, or denied.
F. A subdivision variance request is independent from the determination on the subdivision application and must be reviewed at a City Commission public hearing that has been noticed according to subsection 12-2-8A of this chapter. A division of land or aggregation of land exempt from subdivision review and a first minor subdivision as defined by State law is not subject to the public hearing requirement of this section. Approval or conditional approval of a subdivision application and the preliminary plat does not constitute approval of requested variances. (Ord. 3245, 10-29-2018)