Variances from the Subdivision Regulations

ADMINISTRATIVE PROVISIONS

  


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Section 23-1101. Variances 

The City Council or Yellowstone County Board of County Commissioners may grant reasonable variances from the design and improvement standards of these Regulations when strict compliance would result in undue hardship and the result would not negatively affect public health and safety.
​The granting of a variance shall not have the effect of nullifying the intent and purpose of these Regulations or justifying submission of an incomplete application. The City Council or Board of County Commissioners may not approve a variance that would permit structures within the 100-year floodplain, as defined in 76-5-101, MCA.
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Requesting a Variance


​The subdivider shall include with the submission of the variance request, a written statement describing the facts of hardship upon which the request for the variance is based. Each requested variance shall be deemed a separate application, for which a fee shall be required. Information addressing each of the following findings shall accompany the application. The Planning Board shall review the submitted findings and make a recommendation to the City Council or Yellowstone County Board of County Commissioners.​​​​
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To Apply:  Request for Variance from the Subdivision Regulations

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​-->Complete and attach the Variance Request Application and Variance Request criteria answers per Chapter 11. 1.A.1-5. Each requested variance shall be deemed a separate application, to be processed concurrently with the preliminary plat. A variance review fee must accompany all applications for variances.
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​​​​-->Facts of Hardship: Provide a separate written statement describing the facts of hardship upon which the request for variance is based.​
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