Whenever the following words and phrases appear in these regulations, they shall be given meaning attributed to them by this section. When not inconsistent with the context, words used in the present tense shall include the future, the singular shall include the plural and the plural the singular, the word "shall" is always mandatory, and the word "may" indicates a use of discretion in making a decision.
The owner of record of a parcel of land that is contiguous, at any point, or land that is separated from the parcel by a road, watercourse or deeded right-of-way.
All aspects of farming or ranching including the cultivation or tilling of soil; dairying; the production, cultivation, growing, harvesting of agricultural or horticultural commodities; raising of livestock, bees, fur-bearing animals or poultry; and any practices including, forestry or lumbering operations, including preparation for market or delivery to storage, to market, or to carriers for transportation to market.
Those facilities which provide water for irrigation or stock watering to agricultural lands for the production of agricultural products. These facilities include, but are not limited to, ditches, head gates, pipes, and other water conveying facilities.
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.
A person who seeks a land use permit or other approval of a development proposal.
A group of lots, tracts or parcels bounded by public streets, railroads, natural features, platted or unplatted lands or a combination thereof.
Man-made or modified structures that provide people with living, working, and recreational spaces.
Cash-in-lieu donation is the amount equal to the fair market value of unsubdivided, unimproved land.
A drawing of a field survey prepared by a registered land surveyor for the purpose of disclosing facts pertaining to boundary locations.
The City of Kalispell in Flathead County, Montana.
The City Council of the City of Kalispell, Montana.
The Clerk and Recorder for Flathead County, Montana.
That portion of a subdivision which is reserved for the common use and maintenance of some or all residents. Such a use may include: common mail box facilities, parks, trails, storm water management areas, boulevards and/or infrastructure.
Flathead County, Montana.
An agreement, in writing, of two or more parties by which any one of the parties pledges to the others that something is done or shall be done.
The deliberate appropriation of land by an owner for any general and public use, reserving no rights to the owner which are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted.
An owner or any person with authorization from the owner, who intends to improve or to construct improvements upon his or her property. Same as Subdivider.
The segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring or contracting to transfer title to a portion of the tract or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to this chapter. The conveyance of a tract of record or an entire parcel of land that was created by a previous division of land is not a division of land.
One or more rooms designed for, or occupied exclusively by, one household.
A right to use land, other than as a tenant, for a specific purpose; such right being held by someone other than the owner.
A person licensed in conformance with the Montana Professional Engineer Registration Act (Title 37, Chapter 67, MCA) to practice engineering in the State of Montana.
A registered land surveyor duly appointed by the governing body to review surveys and plats submitted for filing.
The area adjoining a watercourse or drainage way which would be covered by the flood water of a flood of 100-year frequency. A 100-year flood has a one percent chance of occurring in any given year.
The channel of a watercourse or drainage way and those portions of a floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater of any watercourse or drainage way.
The City Council, City of Kalispell, Flathead County, Montana.
A "T" shaped turn-around used at the end of a dead end street which provides three point turn around capability.
An association of all the owners of real property within a geographic area defined by physical boundaries that: (a) is formally governed by a declaration of covenants, bylaws, or both; (b) may be authorized to impose assessments that, if unpaid, may become a lien on a member's real property; and (c) may enact or enforce rules concerning the operation of the community or subdivision.
A contractual agreement that may be required by the governing body to ensure the construction of such improvements as required by local subdivision regulations. The improvement agreement may require collateral to secure the construction of such improvements, such as the deposit of certified funds, irrevocable letters of credit, performance bonds, private or public escrow agreements, or similar financial guarantees.
Any structure or facility constructed to serve common use by the residents of a subdivision or the general public. The improvements may include parks, streets and roads, parking areas, sidewalks, trails, curbs and gutters, street lighting, utilities and systems for water supply, sewage disposal and drainage.
The area within the boundaries of the local government. For municipalities, the term includes those areas the local government anticipates may be annexed into the municipality over the next 20 years.
An authorization to complete development in conformance with an application approved by the local government.
The Land Use Plan means the land use plan and future land use map adopted in accordance with state statutes.
Land Use Regulations means zoning, zoning map, subdivision, or other land use regulations authorized by state law.
Where the subdivision abuts a public (city, county or state road) or where the subdivider has obtained adequate and appropriate easements across all necessary properties from a public road to the subdivision.
"Local governing body" or "governing body" means the elected body responsible for the administration of a local government.
A parcel of land, tract or lot on file and of record in the office of the Clerk and Recorder, Flathead County, Montana, space or other land area created by subdivision for sale, rent, lease or other purpose.
Lot Depth: The depth (or length) of a lot shall be:
If the front and rear lines are parallel, the shortest distance between the lines.
If the front and rear lines are not parallel, the shortest distance between the midpoint of the front lot line and the midpoint of the rear lot line.
If the lot is triangular, the shortest distance between the front lot line and a line parallel to the front lot line, not less than 10 feet long lying along the rear of the lot but still wholly within the lot.
Lot Rear: The rear property line of a lot is that lot line opposite to the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than 10 feet long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line then the rear property line shall be assumed to be a line not less than 10 feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint.
Lot Front: The front property line of a lot shall be determined as follows:
Corner Lot: The front property line of a corner lot shall be the shorter of the two lines adjacent to the streets as platted, subdivided or laid out. Where the lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing custom of the other buildings on the block. If such front is not evident, then either may be considered the front of the lot, but not both.
Interior Lot: The front property line of an interior lot shall be the line bounding the street frontage.
Through Lot: The front property line of a through lot shall be that line which is obviously the front by reason of the prevailing custom of other buildings in the block. Where such front property line is not obviously evident, the Zoning Administrator shall determine the front property line. Such a lot over 200 feet deep shall be considered, for the purpose of this definition, as two lots, each with its own frontage.
Lot Area: The total horizontal area within the confines of the boundary lines of a lot. Where street easements are located within or bordering a parcel, lot area computation shall not include that area contained within the easement.
Lot Side: The side property lines of a lot are those lot lines connecting the front and rear property lines of a lot.
Corner Lot: A lot located at the intersection of two streets.
Interior Lot: A lot with frontage on only one street.
Irregular Lot (Flag Lot): An irregularly shaped lot typified by being almost entirely land-locked and having limited access and/or no direct frontage. Access to a public or private street is typically by an extended strip of land either deeded or by easement.
Irregular Lot (Pie Lot): An irregularly shaped lot which at the front lot line contains minimal frontage and a substandard lot width but as the depth increases, side lot lines rapidly expand to a legal width.
Through Lot: A lot with double frontage where the front lot line faces one public street and the rear lot lint faces another public street.
Sublot: A lot intended to contain an attached, single-family residence. A townhouse lot. (See zoning def.)
A dwelling for a single household, built off site in a factory that is in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of its production. A manufactured home does not include a mobile home or housetrailer, as defined in § 15-1-101, MCA.
A designated portion of a manufactured home park designed for the accommodation of one manufactured home and its accessory buildings or structures for the exclusive use of the occupants.
A parcel of land under single ownership on which two or more spaces are rented or leased for the placement of manufactured homes. The space size requirements, setbacks, and other such dimensions of a mobile home park shall be established by the City of Kalispell Subdivision Regulations.
A permit granted upon a determination that a proposed project complies with the applicable regulations and meets all established standards set forth in the applicable regulations. The determination must be based on objective standards, involving little or no personal judgment, and must be issued by the Planning Administrator.
A structure of masonry, metal or other permanent material placed in the ground, which is exclusively identifiable as a monument to a survey point, expressly placed for surveying reference.
Areas along water bodies that are vegetated with many plant species including grasses, shrubs and trees. The natural term refers to plant species that are naturally found along local riparian areas and allowed to grow and establish plant communities that are found along undisturbed banks. These areas are not manicured landscapes, but are allowed to grow in a natural state.
Any part of a lot unobstructed from the ground upward. Any area used for parking or maneuvering of automotive vehicles or storage of equipment or refuse shall not be deemed open space.
The plan for a subdivision design for a single tract proposed to be subdivided in stages.
A constructed road that conforms to the local subdivision standards providing access from a public (City, County or State) road to the subdivision.
A land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks that compose a planned mixture of land uses built in a prearranged relationship to each other and having open space and community facilities in common ownership or use. A PUD allows for flexibility of design, setting or density, in exchange for improved overall site design.
The person designated by the local governing body to review, analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other development applications as required in this chapter, or a person designated and supervised by the Planning Administrator to perform the duties.
The Kalispell City Planning Commission, formed pursuant to Title 76, Chapter 25, MCA.
A graphic representation of a subdivision prepared by a licensed surveyor showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications:
Preliminary Plat: A neat and scaled drawing of a proposed subdivision showing the layout of streets, alleys, lots, blocks, and other elements of a subdivision which furnishes a basis for review by the governing body.
Final Plat: The final drawing of the subdivision and dedication required to be prepared for filing for record with the County Clerk and Recorder and containing all elements and requirements set forth in these regulations and the Montana Land Use Planning Act.[1]
Amended Plat: The final drawing of any change to a platted subdivision filed with the County Clerk and Recorder required to be prepared for filing for record with the County Clerk and Recorder and containing all elements and requirements set forth in these regulations and the Montana Land Use Planning Act.
Vacation of Plat: A plat which has been voided under the provisions of Montana law.
A permanent or seasonal body of open water generally smaller and shallower than lakes.
The prevailing healthful, sanitary condition of well being for the community at large. Conditions that relate to public health and safety include but are not limited to: disease control and prevention; emergency services; environmental health; flooding, fire or wildfire hazards, rock falls or landslides, unstable soils, steep slopes, and other natural hazards; high voltage lines or high pressure gas lines; and air or vehicular traffic safety hazards.
"Public utility" has the meaning provided in § 69-3-101, MCA, except that for the purposes of these regulations, the term includes a county water or sewer district as provided for in Title 7, Chapter 13, Parts 22 and 23, MCA, and municipal sewer or water systems and municipal water supply systems established by the governing body of a municipality pursuant to Title 7, Chapter 13, Parts 42, 43, and 44, MCA.
A place used for public camping where persons can rent space to park individual camping trailers, pick-up campers, motor homes, travel trailers, or automobiles for transient dwelling purposes.
A designated portion of a recreational vehicle park designed for placement of a single recreational vehicle and the exclusive use of its occupants.
A person licensed in conformance with the Montana Professional Engineers' Registration Act (Title 37, Chapter 67, MCA) to practice surveying in the State of Montana.
A linear public way established or dedicated for public purposes by a duly recorded plat, deed, easement, grant, prescription, condemnation, governmental authority or by operation of law, intended to be occupied by a street, non-motorized vehicle path, railroad, electric transmission lines, water line, sanitary sewer line, storm sewer line, or other similar uses.
A paved walkway designed to provide for safe and convenient circulation of pedestrians.
Sloughs or old meander channels are generally narrow, shallow water bodies that are either connected to or were previously connected to a river system. Typically they contain stagnant water, are generally influenced by ground water and provide wetlands habitat.
State of Montana.
For purposes of these regulations, street types are defined as follows:
Alley: A service way, open to public travel and dedicated to public use, affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.
Arterial: A street or road having the primary function of moving traffic and the secondary function of providing access to adjacent land. Arterials generally carry relatively large volumes of traffic. Arterials have two to four lanes of traffic and provide limited access to abutting property.
Collector: A street or road having the equally important functions of moving traffic and providing access to adjacent land. Collector streets have two traffic lanes and two parking lanes.
Cul-de-Sac: A street having only one outlet for vehicular traffic and terminating in a turn-around area.
Dead End Street: A street having only one outlet for vehicular traffic.
Frontage Access (Service Road): A local or collector street, usually parallel and adjacent to an arterial or major collector, which provides access to abutting properties and controls traffic access to arterials or collectors.
Half-Street: A portion of the width of a street, usually along the outside perimeter of a subdivision, where the remaining portion of the street must be located on adjacent property.
Local Streets: A street or road having the primary function of providing access to abutting properties, and the secondary function of moving traffic. Local streets having two traffic lanes may have one or two parking lanes.
Loop: A local street which begins and ends on the same street, generally used for access to properties.
Private: A street or road which provides primary access to a lot or property but is not owned or maintained by a government agency.
Secondary Access/Emergency Access Road: A local road whose primary function is to serve as an alternate access in or out of a development in emergency situation for both emergency vehicles and the public. Such roads may be built to a lesser standard than typically required for subdivision roads, but if constructed to a lesser standard, it does not qualify as a primary access road or as providing legal access to a lot.
Any person, firm or corporation, or other entity who causes land to be subdivided or who proposes a subdivision of land.
A division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium. The term also means an area, regardless of its size, that provides or will provide multiple spaces for rent or lease on which recreational camping vehicles or mobile homes will be placed.
A form of guarantee that is approved by the commissioner of insurance and is specifically designed to disclose the information required in § 76-25-413, MCA.
"Substantial compliance" means:
With respect to the amendment of an adopted land use plan, that all facets of the proposed amendments, when taken together, comply, not strictly and rigidly but substantially, with the densities, standards, and community intent for development of the community as set forth in the jurisdiction's adopted land use plan;
With respect to the adoption or amendment of a zoning map, zoning regulation, or subdivision regulation, that all facets of the proposed map, regulation, or amendment, when taken together, comply, not strictly and rigidly but substantially, with the densities, standards, and community intent for development of the site as set forth in the jurisdiction's applicable adopted land use plan; and
With respect to the proposed development of a particular site, that all facets of the proposed development, when taken together, comply, not strictly and rigidly but substantially, with the densities and standards for development of the site as set forth in the jurisdiction's applicable adopted zoning regulations, zoning map, and subdivision regulations.
A drainage channel or shallow depression designed to direct surface water flow.
A building or structure that has two or more dwelling units erected in a row as a single building, and where the owner of each unit may exclusively own the land underneath the unit in addition to jointly owning the common areas in the development.
Land area proposed to be subdivided.
A parcel of land, irrespective of ownership, that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the County Clerk and Recorder's Office.
A map at a scale suitable to locate the proposed subdivision, showing the boundary lines of all adjacent properties and streets and other information necessary to determine the general location of the proposed subdivision.
Those animals that are not domesticated or tamed, or as may be defined in the land use plan.
The place or area where wildlife naturally lives or travels through.
(Ord. 1951, 5/4/2026)
[1]
Editor's Note: See Title 76, Chapter 25, MCA.