(A) Variances authorized.
(1) The governing body may grant variances from §§ 9.6.95 through 9.6.113, Design and Improvement Standards, 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.
(2) A variance will not be granted if it would have the effect of nullifying the intent and purpose of these regulations. The governing body will not approve a variance unless it finds:
(a) The granting of the variance will not be detrimental to the public health, safety or general welfare or injurious to other adjoining properties;
(b) 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 which is self-imposed;
(c) The variance will not cause a substantial increase in public costs; and
(d) The variance will not place the subdivision in nonconformance with any adopted zoning regulations.
(B) Variances from floodway provisions not authorized. The governing body will not, by variance or otherwise, permit a subdivision for building purposes in areas located within the floodway of a flood of 100-year frequency as defined by M.C.A. Title 76, Chapter 5.
(C) Procedure. 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 governing body. In the absence of a Planning Board, the recommendation will be made by the City Planning Staff or other designee.
(D) Conditions. In granting variances, the governing body may impose reasonable conditions to secure the objectives of these regulations.
(E) Statement of facts. 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.
(Res. 607, passed 7-1-2019)