A.
Hardship:
The City Council may grant variances from Articles 3 and 4 of these
regulations when because of particular physical surroundings, shape,
or topographical conditions of a specific property, strict compliance
would result in undue hardship and when it would not be essential
to the public welfare. Such variances must not have the effect of
nullifying the intent and purpose of these regulations. The governing
body shall not approve variances unless it makes findings based upon
the evidence in each specific case that:
1.
The
granting of the variance(s) will not be detrimental to the public
health, safety or general welfare or injurious to other adjoining
properties;
2.
The
conditions on which the request for a variance(s) is based are unique
to the property on which the variance is sought and are not applicable
generally to other property;
3.
Because
of the particular physical surroundings, shape, or topographical conditions
of the specific property involved, an undue hardship to the owner
would result, as distinguished by a mere inconvenience, if the strict
letter of these regulations is enforced;
4.
The
variance(s) will not cause a substantial increase in public costs;
and
5.
The
variance(s) will not, in any manner, vary the provisions of any adopted
zoning regulations, or growth policy.
B.
Procedure:
The subdivider shall include with the submission of the preliminary
plat, a written statement describing the requested variance and the
facts of hardship upon which the request is based. The Planning Board
and City Council shall consider each requested variance at the public
meeting or hearing on the preliminary plat.
C.
Conditions:
In granting variances, the City Council may require such conditions
as will, in its judgment, secure substantially the objectives of these
regulations.
D.
Statement
of Facts: When any such variance is granted, the motion of approval
of the proposed subdivision shall contain a statement describing the
variance(s) and the facts and conditions upon which the issuance of
the variance(s) is based.
(Ord. 1707, 12-19-2011)
The final plat shall be filed for record with the County Clerk
and Recorder before title to the subdivided land can be sold or transferred
in any manner or offered for sale or transfer.
A.
If illegal
transfers or offers of any manner are made, the City of Kalispell
shall commence action to enjoin further sales, transfers, or offers
of sale or transfer and compel compliance with all provisions of the
Montana Subdivision and Platting Act and these regulations.
B.
The
cost of such action shall be imposed against the person transferring
or offering to transfer the property.
(Ord. 1707, 12-19-2011)
Any person who shall violate any of the provisions of the Montana
Subdivision and Platting Act or these regulations may be either:
A.
Charged
with a misdemeanor punishable by a fine of not less than $100 nor
more than $500 or by imprisonment in jail for not more than three
months or by both fine and imprisonment. Each sale, lease or transfer
of each separate parcel of land in violation of any provision of the
Montana Subdivision and Platting Act or these regulations shall be
deemed a separate and distinct offense.
(Ord. 1707, 12-19-2011)
In order to cover costs of reviewing plans, advertising, holding
public hearings, and other expenses incidental to the approval of
a subdivision, the subdivider shall pay a non-refundable fee at the
time of application. The fee schedule will be established by the Kalispell
City Council.
(Ord. 1707, 12-19-2011)
Before the City Council amends these regulations, they shall:
A.
Hold
a public hearing;
B.
Publish
a notice advertising the public hearing in a newspaper of general
circulation in the City not less than 15 days nor more than 30 days
prior to the date of the hearing;
C.
The
Council may ask for a recommendation from the Planning Board prior
to the Council hearing;
D.
The
Council may direct the Planning Board to hold a public hearing prior
to Council action.
(Ord. 1707, 12-19-2011)
A.
A person
who has filed with the governing body an application for a subdivision
under the MSPA and these regulations may bring an action in district
court to sue the governing body to recover actual damages caused by
a final action, decision, or order of the governing body or a regulation
adopted pursuant to the MSPA that is arbitrary or capricious.
B.
A party identified in subsection D who is aggrieved by a decision of the governing body to approve, conditionally approve, or deny an application and preliminary plat for a proposed subdivision or a final subdivision plat may, within 30 days after the decision, appeal to the district court in the county in which the property involved is located. The petition must specify the grounds upon which the appeal is made.
C.
For
the purposes of this section, "aggrieved" means a person
who can demonstrate a specific personal and legal interest, as distinguished
from a general interest, who has been or is likely to be specially
and injuriously affected by the decision.
D.
The following parties may appeal under the provisions of subsection B:
1.
The
subdivider;
2.
A
landowner with a property boundary contiguous to the proposed subdivision;
3.
A
private landowner with property within the County or municipality
where the subdivision is proposed if that landowner can show a likelihood
of material injury to the landowner's property or its value;
4.
The
County Commissioners of the County where the subdivision is proposed.
(Ord. 1707, 12-19-2011)
