A. 
Application: Certain circumstances exist or arise wherein an unnecessary hardship is created through strict adherence to the provisions of these regulations. There is hereinafter provided provisions for the granting of a variance from the provisions of these regulations, so that the public welfare is secured, and substantial justice can be done to those so affected. Application procedures for a variance follow:
1. 
Application for a variance may be filed by any property owner or their designated agent for the affected property. The application must be for relief from subdivision design and improvement standards.
2. 
Such application shall be made on a form provided by the office of the Planning Administrator. Multiple requests for variance for the same project may be filed on a single application and charged a single fee.
3. 
The completed application and fee as set by the City Council shall be submitted to the Planning Administrator. No part of any such fee shall be refundable after an application is filed and such fee paid, except under petition by the applicant and approval by the Planning Administrator. No fee paid for an action which is declared closed or ruled invalid shall be refunded.
4. 
The application must be submitted and considered prior to an application or in conjunction with an application for subdivision approval. Any approval relying on the variance application shall not be issued until the variance application is approved, approved with conditions, or denied, and the approval shall be in conformance with the determination on the variance.
B. 
Processing of Application:
1. 
The variance request shall be reviewed and determined by the Planning Administrator. The Planning Administrator's decision is final, and no further action may be taken except as provided in § 76-25-503, MCA, relating to appeals.
2. 
Public notice providing for a 15-day written public comment period shall be provided pursuant to the City's adopted public participation plan.
3. 
The granting of a variance must meet all of the following criteria:
a. 
The variance is not detrimental to public health, safety or general welfare;
b. 
The variance is due to conditions peculiar to the property, such as physical surroundings, shape, or topographical conditions;
c. 
Strict application of the regulations to the property results in an unnecessary hardship to the owner as compared to others subject to the same regulations and is not self-imposed;
d. 
The variance will not cause a substantial increase in public costs; and
e. 
The variance will not place the property in nonconformance with any other regulations.
4. 
Additional criteria may apply if the variance is associated with a floodplain or floodway pursuant to the requirements of Title 76, Chapter 5, MCA.
5. 
In approving a variance, the Planning Administrator may impose such conditions as are in its judgment necessary to promote the general provisions of these regulations.
6. 
A variance shall be valid indefinitely, provided it is exercised within one year of the date of issuance, or as otherwise provided for by the Planning Administrator.
(Ord. 1951, 5/4/2026)
A. 
Penalty for Violation: Any person or corporation, whether owner, lessee, principal agent, employee, or otherwise, who violates any provisions of these regulations or permits any such violation or fails to comply with any of the requirements thereof, may be subject to penalties as a municipal infraction pursuant to Chapter 1, Article 2 of the Kalispell Municipal Code. Each day of continued violation shall constitute a separate, additional violation. The Planning Administrator or his or her authorized agent is hereby authorized to enforce the Subdivision Regulations of the City of Kalispell by issuing a civil citation.
B. 
Use of Available Remedies Authorized: In addition to penalties as a municipal infraction, remedies may include, but are not necessarily limited to, an injunction, mandamus, abatement, or any other appropriate action provided for in law.
C. 
Procedure Prior to Seeking Civil Penalties: Prior to seeking civil penalties against a property owner, the owner shall be provided with a written notice, by mail or hand delivery, of each violation of the regulations. The notice shall be provided to the address of the owner of record on file in the office of the county recorder. The notice shall provide a reasonable opportunity to cure the noticed violation and include a schedule of the civil penalties that may be imposed for failure to cure the violation before expiration of a time certain.
(Ord. 1951, 5/4/2026)
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 Land Use Planning Act and these regulations.
B. 
The cost of such action shall be imposed against the person transferring or offering to transfer the property.
(Ord. 1951, 5/4/2026)
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. 1951, 5/4/2026)
A. 
Initiation and Amendment: The City Council may, after consideration by and on the recommendation of the Planning Commission, amend, supplement, or change the text of these regulations. An amendment, supplement, or change may be initiated as specified in § 76-25-403(1)(b), MCA. Application shall be made to the Planning Department on the appropriate application form and payment of the appropriate application fee specified by the City Council.
B. 
Review of Proposed Amendment: The review process and criteria for a proposed amendment detailed in § 76-25-403, MCA, shall be followed.
C. 
Hearing for Amendment: The Planning Commission shall hold public hearings on the matters referred to it at which parties in interest and citizens shall have an opportunity to be heard.
1. 
Notice shall be provided pursuant to the City's adopted public participation plan.
2. 
After such hearing or hearings, the Planning Commission will make reports and recommendations on said petition or initiation to the City Council.
3. 
Based on the results of the Planning Commission hearing, the staff report and the findings of the Planning Commission, the City Council shall by ordinance render a decision to grant, amend or deny the requested amendment.
(Ord. 1951, 5/4/2026)
A. 
Basis of Appeal: Appeals of any final decision made under this Zoning Ordinance shall be made in accordance with § 76-25-503, MCA.
B. 
Application and Procedure:
1. 
Application shall be made to the Planning Department on the appropriate application form and payment of the appropriate application fee specified by the City Council.
2. 
No part of any such fee shall be returnable after an appeal is filed and such fee is paid, except upon petition by the appellant and approval by the Planning Administrator. No fee paid for an action which is declared closed or ruled invalid shall be refunded, provided that a refund shall be allowed upon petition by the applicant if the board rules in favor of the applicant.
3. 
Processing and review of the appeal, including provision of notice, shall be pursuant to § 76-25-503, MCA. As provided in the section, notice of the appeal must be published as provided in § 7-1-4127, MCA.
(Ord. 1951, 5/4/2026)