The following subchapters describe the types of subdivisions with special provisions or review considerations.
(A) Condominiums.
(1) Definition. A CONDOMINIUM is the ownership of single units with common elements held jointly by unit owners. All land in a CONDOMINIUM subdivision is jointly held with undivided interest. The unit owners own their individual units, not the land beneath the units. The term does not include a townhome or townhouse.
(2) Procedures.
(a) All condominium subdivisions shall be reviewed as major or minor subdivisions based on the number of units and the history of divisions on the existing tract of record, except as provided below:
1. The approval of the original subdivision of land expressly contemplated the construction of the condominiums and any applicable park dedication requirements in MCA § 76-3-621 are complied with; or
2. The proposed condominium is in conformance with applicable city zoning regulations that are in effect.
(b) When either of the above exceptions is met, the condominium development is exempt from the provisions of these regulations.
(c) No construction may begin until the subdivision site plan has been approved as a final site plan (MCA § 70-23-301(8)) and all other applicable approvals have been received (e.g., DEQ, building permits and the like).
(3) Submittal requirements. Applications for condominium subdivisions shall comply with §§ 11.02.030.010 through 11.02.030.110.
(4) Survey requirements.
(a) The perimeter of the existing tract of record shall meet survey requirements of MCA Title 76, Chapter 3, Part 4.
(b) A final plat is required.
(5) Site plan requirements.
(a) For the condominiums, a site plan is required according to MCA § 70-23-306.
(b) Site plans shall show the layout of each unit, including the unit designation, location and dimensions of each unit, and the common areas to which each has access, including internal streets, parking and storage areas.
(c) The site plan shall identify the total number of units by type, dwelling units, commercial units or industrial units.
(d) The site plan shall be prepared by a registered architect, registered professional engineer or registered professional land surveyor as required by MCA § 70-23-306.
(6) Final plat/site plan application. An application for the final plat of a condominium subdivision shall include all of the items required in § 11.02.040.010, in addition to the following:
(a) A final site plan meeting the requirements in division (A)(5)(c) above;
(b) The subdivider shall provide certification from a lawyer licensed in the state that the condominium complies with the requirements of MCA Title 70, Section 23 “Unit Ownership Act - Condominiums;”
(c) The certification and supporting materials shall be filed with the final plan; and
(d) All permits and approvals for construction, including building permits.
(7) Review criteria. Condominium subdivisions must meet the applicable review criteria in §§ 11.02.050.005 through 11.02.050.060 in addition to the following:
(a) Condominiums must be designed in compliance with the requirements of MCA Title 70, Section 23 “Unit Ownership Act - Condominiums, MCA;” and
(b) No creation of a parcel for condominiums may result in a parcel or parcels of less than 160 acres, unless the parcels are reviewed as lots in a subdivision or as a valid exemption under MCA Title 76, Part 2, and all condominiums must have DEQ approval per MCA § 76-4-102(16).
(8) Access. Condominium subdivisions must meet the minimum requirements in §§ 11.02.060.010 through 11.02.060.270. In addition, all units must be provided legal and physical access by dedicated public street(s) leading to the parking spaces for the units, which may also be provided by garages or other interior parking facilities.
(a) The parking spaces for each individual unit shall extend to within 100 feet of at least one exterior door to the unit, and the parking spaces and unit door must be connected by common element(s) that provide pedestrian access to the unit.
(b) The specified distance is a straight line measurement between the nearest point of the parking spaces to the exterior door of the unit.
(B) Townhomes and townhouses.
(1) Definition. TOWNHOME or TOWNHOUSE means property that is owned subject to an arrangement under which persons own their own units and hold separate title to the land beneath their units, but under which they may jointly own the common areas and facilities.
(2) Procedures.
(a) All townhome and townhouse subdivisions shall be reviewed as major or minor subdivisions, based on the number of units and the history of divisions on the existing tract of record, except as provided below:
1. The approval of the original subdivision of land expressly contemplated the construction of the townhomes and any applicable park dedication requirements in MCA § 76-3-621, are complied with; or
2. The proposed townhomes are in conformance with applicable city zoning regulations that is in effect.
(b) When either of the above exceptions is met, the townhome or townhouse development is exempt from the provisions of these regulations.
(c) The review procedure and requirements for townhomes not meeting the exceptions cited above shall be the same as division (A) above.
(d) Common areas must be jointly owned through a legal entity, such as an incorporated property owners’ association.
(C) Recreational vehicle (RV) and mobile home parks.
(1) Overview. This subchapter establishes the criteria and requirements for mobile home parks and RV parks, in addition to or different from other requirements in the subdivision regulations.
(a) Mobile home park. A mobile home park, as used in these regulations, is land set aside for renting or leasing of two or more mobile homes.
(b) RV park. RV park, as used in these regulations, is land set aside for renting or leasing two or more recreational camping vehicles.
(2) Process. All RV and mobile home parks shall be reviewed as major or minor subdivisions, based on the number of spaces and the history of divisions on the existing tract of record.
(3) Review criteria. In addition to the applicable review criteria in §§ 11.02.050.005 through 11.02.050.060, the following are required:
(a) DPHHS approval is required prior to final plat application;
(b) No creation of a parcel for an RV or mobile home park may result in a parcel or parcels of less than 160 acres, unless the parcels are reviewed as lots in a subdivision or as a valid exemption under MCA Title 76, Part 2; and
(c) DEQ approval is required per MCA § 76-4-102(16), even when the rental spaces are 20 acres or greater.
(4) Submittal requirement. The requirements of §§ 11.02.030.010 through 11.02.030.110 apply, and the following clarifies other submittal requirements unique to RV and mobile home parks:
(a) The exterior boundaries of the existing and proposed tract(s) of record shall meet survey requirements of the Montana uniform standards for final subdivision plats; and
(b) The delineation of the mobile home and RV spaces shall be shown on a site plan.
(5) Site plan. A detailed site plan drawn to scale is required. Site plans requiring more than one page will be numbered and include total number of pages.
(6) Site plan contents. The site plan shall include the following information:
(a) Locations and dimensions of any service building, cabin, cooking shelter or other structure that will be available for public use, including showers and restrooms;
(b) Information required by ARM § 37.111, subchapter 2. ARM § 37.111, subchapter 2 provides rules for the layout plan review by the Department of Public Health and Human Services;
(c) Location and ownership of existing utilities and roads in their true and correct location and location of proposed streets, roads, electrical lines, natural gas, cable, phone and any other utilities proposed to serve mobile home or RV spaces;
(d) Location and dimensions of mobile home or RV pads, demonstrating compliance with the subdivision design standards; and
(e) RV park areas and mobile home park areas shall be delineated if both are proposed.
(7) Manufactured home and mobile home park design standards. All manufactured home and mobile home parks must comply with the city zoning ordinance. Mobile home parks are subject to the design standards in §§ 11.02.060.010 through 11.02.060.270 and applicable requirements of the city zoning ordinance.
(8) RV park design standards. All RV parks must comply with the design standards in §§ 11.02.060.010 through 11.02.060.270 and the city zoning ordinance, with the following exceptions and additions:
(a) Street requirements.
1. There shall be no public right-of-way dedications required in RV parks. Streets shall be developed for the use of the RV park renters and guests and owned and maintained by the property owner.
2. The requirements for paving streets may be waived by the City Council if the subdivider demonstrates unpaved RV park roads will be maintained for dust suppression and provided with a durable, drivable surface in wet or other inclement conditions. In approving the waiver, the City Council shall consider overall context and surrounding uses.
(b) RV space standards.
1. RV spaces shall be arranged to permit the safe and practical placement and removal of RVs.
2. The prohibition on through or double front lots in §§ 11.02.060.010 through 11.02.060.270 does not apply to RV spaces, as long as the access roads accommodate this through the use of one-way streets or wider streets to accommodate turns.
3. The boundary limits of each RV space shall be permanently marked on the ground.
4. An individual RV pad shall be provided in each RV space and sized to accommodate the proposed type of RV. The pads shall be constructed on at least six inches of gravel over a stabilized sub-base.
5. Notwithstanding the setbacks established by this subchapter, all RVs shall be located at least 50 feet from the property line abutting upon a major arterial and at least 25 feet from all other public street right-of-ways.
6. No RV shall be located closer than 15 feet from all exterior boundaries of the RV park.
7. No detached structures are allowed on RV spaces.
8. No RV or its attached structures, such as awnings and carports, may be located within ten feet of any other RV or its attached structures.
9. Each driveway must be located to allow for convenient access to the RV and be a minimum of ten feet wide.
(c) Park dedication. RV parks shall include land to be used as a park or recreation area. The area to be dedicated shall be 11% of the total RV park area as surveyed for the plat (see requirements of preliminary plat above). These areas shall remain in private ownership and shall not be dedicated to the public, unless expressly accepted by the City Council. It shall be the responsibility of the RV park owner to maintain the park and recreation area. The City Council may accept cash-in-lieu of requiring the park area.
(d) Adjacent land buffer. RV parks located adjacent to industrial, commercial or residential land uses shall provide screening, such as fences or natural growth along the property boundary line separating the park from these adjacent uses.
(e) Storage. The City Council may require that a common area be provided, which shall not be calculated as part of the parkland dedication, for storage or parking for boats, trailers or other recreational vehicles. If such a common area is included, it shall be restricted for storage only and no structure, vehicle, boat or other container may be used for living in.
(Prior Code, § 11.02.020.040) (Ord. 151, passed 6-20-2016)