(A) Submittal requirements. If the subdivider or subsequent lot owner proposes to change the subdivision or the terms of preliminary approval after final plat approval, the proponent shall submit the proposed changes to the Administrator for review according to § 11.02.040.030.
(B) Determining material change.
(1) Within five working days of receiving the proposed changes, the Administrator shall determine whether the changes are material pursuant to § 11.02.050.050(D).
(2) Once the final plat is approved, changing the proposed land use cannot be considered a material change. However, changing a proposed land use may impact the other criteria resulting in a material change.
(C) Result of a material change.
(1) Material changes requiring subdivision review. Any alteration which increases the number of lots, modifies six or more lots, or abandons or alters a public road right-of-way or park land dedication shall be reviewed as an amended subdivision plat and be reviewed according to §§ 11.02.030.010 through 11.02.030.110.
(2) Material changes requiring a public meeting or hearing. Material changes not meeting division (C)(1) above and other changes that are substantially contrary to any approved subdivision application, do not comply with the conditions of preliminary plat approval, or will materially alter any portion of a filed plat (not to include minor boundary line adjustments or aggregations of lots exempt under §§ 11.02.070.010 through 11.02.070.030) its land divisions or improvements, must be reviewed and approved using the procedure described in § 11.02.050.050(C).
(3) Additional requirements.
(a) The City Council reserves the right to require a current abstract of title for the impacted properties and may not approve an amended final plat without the written consent of the owners and lienholders of all lots which will be modified by the proposed amendment.
(b) The City Council may not approve an amendment that will place a lot in non-conformance with the design standards contained in §§ 11.02.060.010 through 11.02.060.270, unless the City Council holds a public meeting or public hearing (as applicable) and issues a written variance from the standards pursuant to §§ 11.02.030.100 and 11.02.050.030.
(c) The City Council may not approve an amendment that will place a lot in non-conformance with zoning regulations, unless the appropriate zoning board has granted a zoning variance to the applicable standard.
(d) The final amended plat submitted for approval must comply with the requirements for final subdivision plats under the Montana uniform standards for final subdivision plats.
(Prior Code, § 11.02.050.060) (Ord. 151, passed 6-20-2016) DESIGN STANDARDS