Resolution 3525A - Clarifies Extra-Territorial Building Permit Procedures280.
RESOLUTION NO. 3525A
A RESOLUTION TO CLARIFY THE CITY OF KALISPELL'S EXTRA -TERRITORIAL
BUILDING PERMIT PROCEDURES, BY REQUIRING THE CITY BUILDING OFFICIAL
TO REVIEW EXTRA -TERRITORIAL BUILDING PERMIT APPLICATION FOR COMPLIANCE
ONLY WITH THE UNIFORM BUILDING CODE, 1982, AS ADOPTED BY THE CITY OF
KALISPELL; AND DIRECTING THAT THE BUILDING OFFICIAL SUBMIT WRITTEN
REQUESTS TO COUNTY OFFICIALS FOR DETERMINATION OF COMPLIANCE WITH
SANITARY REGULATIONS, FLOOD PLAIN REGULATIONS, AND THE -COMPREHENSIVE
PLAN; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has adopted the Uniform Building Code under
the requisite provisions of Montana law and that said Uniform Building Code applies
to areas outside the boundaries of the City of Kalispell; and
WHEREAS, the issuance of a Building Permit when issued by the City of
Kalispell outside its corporate limits, may be issued in compliance with the Uniform
Building Cade but in violation of other laws or Ordinances; and
WHEREAS, the reason and purpose for the extension of City building jurisdiction
to areas beyond the corporate limits is to assure technically safe and necessary
building practices; and
WHEREAS, the considerations of compliance with sanitary regulations, flood
plain regulations and the comprehensive plan are more properly addressed by agencies
or offices not responsible to the City of Kalispell.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION 1. That upon application for.a Building Permit outside the
City Limits of Kalispell, but within the jurisdiction of the Building Code
of the City of Kalispell, the Kalispell Building Official shall be, and
hereby, is directed to process the Bui'ding Permit Application and deter-
mine whether said .Building Permit Application is in compliance with the
Kalispell Building Code and the Kalispell Building Official shall forttlwith,
within five (5) days from his determination of compliance, perform the
following:
a) Submit written request to the Flathead County Sanitarian
accompanied by a copy of the Building Permit Application,
as to whether the structure as constructed under the Building
Permit Application, violates any sanitation or healtn laws of
the County of Flathead of the State of Montana. Specifically,
the Flathead County Sanitarian shall be requested to enu-
merate the violations he determines to exist, and that the
Flathead County Sanitarian affirmatively request the City
not to issue the Building Permit, for the reason that the
proposed structure would violate the health regulations.
b) Submit a written request to the Flathead County Flood
Plain Agency accompanied by a copy of the Building Permit
Application, as to whether the structure, if constructed under
the Building Permit Application, would be in violation of the
Flathead County Flood Plain Regulations. Specifically, the
Flathead County Flood Plain Agency shall be requested to
enumerate the violations and said Flathead County Flood Plain
Agency shall request the Kalispell Building Official not to
issue the Building Permit for 'the reason that the proposed
structure would violate the Flathead County Flood Plain
Regulations.
c) Submit a written request to the Flathead County Zoning
Administrator under the provisions of Chapter 6 of the Flat-
head County Comprehensive Zoning Regulations, Section 6.04
as to whether the proposed Building Permit, if issued, would
be in conformance under Section 6.04 of said Zoning Regu-
lations insofar as any particular zoning district that may
exist or the Comprehensive Plan for the Kalispell Planning
Area. The Flathead Zoning Administrator shall be requested
to indicate whether the proposed structure is in conformance
281.
with the Zoning Regulations_ if a district has been created
and/or the Comprehensive Plan in absence of an existing
zoning district under the Comprehensive Zoning Regulations
of Flathead County. The Flathead Zoning Administrator shall
be requested to state to the City of Kalispell Building Official
that the proposed structure would be in violation of either
the zoning district or the Comprehensive Plan and said Flat-
head Zoning Administrator shall request the Kalispell Building
Official not to issue the Building Permit.
SECTION II. That in the event any of the agencies outside the City
Limits of the City of Kalispell fail to reply to the requests submitted by
the Building Official as set forth in Section I within a ten (10) working
day period, the Kalispell Building Official, upon the further request of
the Building Permit applicant, shall forthwith issue the Building Permit,
unless a request for extension is received from the County Officials.
SECTION Ill. That in the event any of the agencies set forth abcve
request that the Kalispell Building Official not issue the Building Permit
for a reason that a particular regulation or law would be violated by
the issuance of the Building Permit, then the Kalispell Building Official
shall inform the applicant that for the specific reasons of the specific
agency involved, the Building Permit is denied.
SECTION IV. The City of Kalispell hereby urgently requests that the
Board of County Commissioners of Flathead County, at their earliest
convenience, adopt comprehensive zoning for the area of the Comp: e-
hensive Plan for the Kalispell Planning Area.
SECTION V. Should the Flathead County Board of County Commissio.in; s
move to adopt comprehensive zoning in the Kalispell Planning Area the
City Council shall hold in abeyance the institution of the policies contained
in this Resolution for a reasonable period allowing the County a reasonable
time to zone within the Kalispell Planning Area.
SECTION VI. This Resolution shall be effective thirty (30) days from
and after its final passage by the City Council and approval by the
Mayor.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AND AF PROVED
BY THE MAYOR THIS 2_ DAY OF J, 1984.
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ATTES1
/ � ,y - map ��tP_.- .-� -r� •�. Wit- ��
Marjorie iermann, City Clerk -Treasurer
the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a true
opy of the Resolution passed by the Xity Council of the City of Kalispell, Montana at a
regular meeting held
CityClerk of he City of
y Kalispell