Section 16.16.090 Amending filed final plats.
A. Material Alterations.
1. Changes that materially alter any
portion of the filed final plat, its land divisions, or
improvements shall be made by the filing of an amended plat showing all alterations. Within a
platted subdivision, any division of lots which results in an increase in the number of lots, or
which redesigns or rearranges six or more lots, must be reviewed and approved by the city
council and an amended plat must be filed with the county clerk and recorder.
2. The amended plat shall be subject
to procedures for major or minor subdivisions, as is
appropriate.
3. The city council may not approve
an amendment which will place the plat in non-conformance with the standards contained in this article
unless a public hearing is held on the
plat and a written variance from the standards issued pursuant to a variance.
4. The city council may not approve
an amendment unless it is consented to in writing by
all affected property owners.
5. The final amended plat submitted
for approval shall comply with the Montana Uniform
Standards for Final Subdivision Plats, with the exception that the title shall include the word
"amended." ("Amended plat of the (name) Subdivision" or "(name) Subdivision,
Amended").
B. Exemptions From Amended Plat Review.
Amended subdivision plats that show the
relocation of common boundaries and the aggregation of lots within platted subdivisions where
five or fewer of the original lots are affected within a platted subdivision filed with the county
clerk and recorder are exempt from approval as a subdivision. An amended plat shall be prepared
following the requirements of the Montana Uniform Standards for Final Subdivision Plats except
that in place of the city council's approval the landowner certifies that the approval of the city
council is not required pursuant to Section 76-3-207 MCA. (Ord. 131 (part), 1998: prior code §
16.01.020D-2)