Land Use & Zoning
A variance in Montana zoning allows a property owner to:
AChange the zoning classification of their property
BDeviate from specific zoning requirements due to unique hardship of the property✓ Correct
COperate a commercial business in a residential zone permanently
DSubdivide property without going through the platting process
Explanation
A variance allows a property owner to deviate from specific dimensional or physical requirements (setbacks, height limits) of the zoning code when strict compliance would cause an undue hardship unique to the property.
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Key Terms to Know
Variance
Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
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