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Hardin City Zoning Code

CHAPTER 2

SUBDIVISION REGULATIONS

11-2-1: ADOPTION OF STATE MODEL SUBDIVISION REGULATIONS:

There is hereby adopted by the City Council for the purpose of prescribing regulations governing the subdivision of land in the jurisdiction of the Hardin-Big Horn City-County Planning Board, that set of regulations known as the Montana Model Subdivision Regulations, being particularly the most current edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which model regulations not less than three (3) copies have been and are now filed in the office of the City Finance Officer and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Chapter takes effect, the provisions thereof shall be controlling within the limits of the City. (Ord., 1983; amd. Ord. 93-4, 8-17-93)

11-2-2: DUTIES OF HARDIN-BIG HORN CITY-COUNTY PLANNING BOARD:

It shall be the duty of the Hardin-Big Horn City-County Planning Board to review all subdivision activity as defined in the State Model Subdivision Regulations and activities related thereto and hold public hearings regarding same, and make recommendations to the City Council. (Ord., 1983)

11-2-3: AMENDMENTS TO STATE MODEL SUBDIVISION REGULATIONS:

Each of the three (3) copies of the State Model Subdivision Regulations on file in the City Finance Officer's office have been provided an addendum, as allowed by State law, which defines City standards for required approval application procedures, amendments to the regulations, and application review fee schedules. (Ord., 1983; amd. Ord. 93-4, 8-17-93)

11-2-4: APPEALS:

A decision of the City Council approving or rejecting a proposed subdivision plat may be reviewed by the District Court upon application for a writ of certiorari. The application shall specify the grounds upon which it alleges the illegality of the action of the City Council. (Ord., 1983)

11-2-5: PENALTY:

Any person who shall violate any of the provisions of this Chapter is guilty of a misdemeanor and punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment in jail for not more than three (3) months, or by both fine and imprisonment. Each sale, lease or transfer, or offer of sale, lease or transfer of each separate parcel of land in violation of any provision of this Chapter shall be deemed a separate and distinct offense. (Ord., 1983)

11-2-6: DEED RESTRICTIONS:

A subdivider of property that is to be used for commercial purposes shall not be required to make a park dedication or donation as provided in section 76-3-606, MCA, but said subdivider shall, in lieu of said park dedication or donation, prepare and record in the Big Horn County Clerk and Recorder's office a binding restrictive covenant on said property allowing only the district uses said property is then zoned for, per the City's current zoning map and Title 11, Chapter 1 of the Official Code of the City. Said district uses shall not include uses allowed in residential zones. (Ord. 84-6, 1-15-85)