This article states the purpose of these regulations, identifies the statutes pursuant to which they are adopted, repeals conflicting previous regulations, establishes vested rights for developments approved prior to adoption of these regulations, and establishes rules for the interpretation of these regulations.

The purpose of these regulations is to promote the health, safety, morals and general welfare of the people of the City of Polson. Additionally, in accordance with MCA 76-2-301, and 76-3-501, et seq., these regulations are intended to:

1.

Secure safety from fire and other dangers;

2.

Promote public health, safety, morals and general welfare;

3.

Provide adequate light, air, water, sewerage, schools, parks, and other public requirements;

4.

Lessen congestion on streets and highways and provide effective motorized and non-motorized transportation systems;

5.

Promote compatible urban growth, including the character of each district and its peculiar suitability for particular uses;

6.

Conserve the value of buildings and encourage the most appropriate use of the land;

7.

Prevent overcrowding of the land;

8.

Require development in harmony with the natural environment, and promote the preservation of open space and cluster development;

9.

Protect the rights of property owners;

10.

Require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey; and

11.

Provide for phased developments.

The items listed in numbers 1 through 11 above are the general purposes of zoning and subdivision regulations as provided in Montana law. The regulations and standards in the Polson Development Code are intended to help achieve these purposes. The purposes listed above are not to be used to evaluate development proposals.

These regulations are adopted under the authority granted by MCA 76-2-301 et seq., which authorized city zoning; and MCA 76-3-501, which requires cities and counties to adopt subdivision regulations.

These regulations apply to all development, public or private, within the city and surrounding area proposed for annexation unless otherwise expressly stated. Where development is exempt from these regulations, these regulations shall be used as non-binding guidelines.

The Polson Growth Policy provides the policy basis for these regulations and standards. The regulations and standards herein have been made in consideration of and in conformance with the Polson Growth Policy.

No land shall hereafter be divided, combined, used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, razed, or structurally altered, and no development shall commence unless it is in conformity with these regulations.

The 1993 Polson Development Code is repealed and replaced with this 2016 Polson Development Code. If the provisions of these regulations are inconsistent with those of the state or federal government, the more restrictive shall control. If the provisions of these regulations are inconsistent with one another, or if they conflict with the provisions of other ordinances or regulations of the city, the more restrictive shall control unless otherwise expressly stated. Headings and illustrations are provided for convenience and reference only. In the case of any difference of meaning or implication between the text of this code and any heading, table or drawing, the text controls.

A vested right is the right to proceed with development in compliance with the previous regulations (which are repealed by section 6.01.200, above), or the right to proceed in compliance with these regulations, pursuant to a development agreement, as provided in article 5.

1.

A vested right to proceed with development initiated prior to the effective date of these regulations shall be established only by:

a.

Having obtained a permit in compliance with the previous regulations (such vested rights expire with the permit); or

b.

For subdivisions in the preliminary plat application and review phase, the subdivision administrator issuing notice that the preliminary plat application is sufficient for review (MCA 76-3-604); or

c.

Having recorded a final plat or obtained approval of a preliminary plat in compliance with the previous regulations. Recording a final plat establishes a vested right to develop and sell lots precisely as they are described on that plat. Prior approval of a preliminary plat establishes a vested right to proceed with final platting and development of the subdivision as approved. Such vested rights expire with termination of the preliminary plat approval. Development or subsequent division of the lots shown on a final plat must comply with these regulations.

2.

Vested rights to proceed with development in compliance with these regulations (which may be amended) shall be established only by obtaining a permit or by obtaining a notice of preliminary plat application sufficiency. Such vested rights expire with the permit, the subdivision approval period or, where one is approved, the development agreement. Vested rights are established for a development as it was approved. Any material change must be in compliance with the then current regulations.

Adoption of these regulations does not nullify easements, covenants, and similar private agreements, but where any such agreement imposes requirements less restrictive than those adopted here, the requirements of these regulations apply. Where the provisions of any private agreements are more restrictive or impose higher standards than these regulations, the city has no duty to enforce such restrictions or advise of their existence. The city may enforce private restrictions if they are a party to such restrictions, if such restrictions were required by the city during the land permitting and development process in order to meet the requirements of these regulations.

The language of the Polson Development Code must be read literally. These regulations are no more or less strict than stated. Words and terms expressly defined in these regulations have specific meanings assigned, unless the context expressly indicates another meaning.

In the event a question arises concerning any provision or the application of any provision of these regulations, the Polson planning official, acting as the zoning and subdivision administrator (the administrator) and in consultation with the municipal attorney's office as may be necessary, shall be responsible for such interpretation and shall look to the overall intent of these regulations and the policy statements of specific chapters for guidance. In interpreting these regulations, the administrator may use a variety of sources. The administrator shall provide such interpretations in writing upon request and keep a permanent record of said interpretations. The responsibility for interpretation shall not be construed as overriding the responsibilities given to any commission, board, or official named in other parts of these regulations. Any person who disputes the administrator's interpretation of text may appeal to the city board of adjustment (BOA) for zoning matters (section 6.03.300) and the governing body for subdivision matters (article 6).

When a provision in these regulations requires a department supervisor to perform some act or duty, it shall be construed to authorize that individual to designate, delegate and authorize subordinates to perform the required act or duty, performed under supervision, unless the terms of the provision or section specify otherwise.

The responsibility for demonstrating compliance with these regulations is the developer's. No incomplete or insufficient application for a permit may be accepted, and "insufficient information to determine compliance" shall be proper grounds for the rejection of an application by the administrator, board, or city commission.

All requirements of these regulations shall be interpreted as the minimum necessary to protect the public health, safety and general welfare. These regulations are designed for consistency with the growth policies and should be interpreted to achieve their goals, objectives, policies and strategies.

When a time period is specified in these regulations, the first day shall be the day after the event that triggers the time clock to start. For example, if an action is to be taken within 35 working days of the date an application is deemed to be sufficient for review, the time clock starts on the first business day after the date the application is deemed sufficient.

If any requirement of these regulations, or their application to particular circumstances, is held to be invalid by a court of competent jurisdiction, the remaining requirements and application of these regulations to other circumstances shall be unaffected.

These regulations shall become effective May 5, 2016.