_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT revising laws related to local government subdivision variance procedure; requiring and prohibiting certain considerations when hearing a variance request; providing a definition; and AMENDING SECTION 76-3-506, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 76-3-506, MCA, is amended to read:

"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)        When determining whether to grant a variance request, the governing body:

(a)        may consider the affordability of housing in the geographical area where the subdivision is located; and

(b)        may not consider:

(i)         whether the variance would be applicable to other properties; or

(ii)         the surrounding community character.

(2)(3)     Any variance granted pursuant to this section must be based on specific variance criteria contained in the subdivision regulations.

(3)(4)     A minor subdivision as provided for in 76-3-609(2) is not subject to the public hearing requirement of this section.

(5)        As used in this section, "undue hardship" means a circumstance in which special conditions make strict conformity with subdivision regulations burdensome or unreasonable and may include considerations of:

(a)        physical surroundings, shape, and topographical conditions of the property; and

(b)        cost or financial considerations."