Legals for June, 29 2023

No. 29491 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, herby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request from the Flathead County Planning Board to amend the text of the Flathead County Zoning Regulations (FCZR). The proposed amendments are described as follows: 1. Amend Section 5.11.020 to read: The use of a dwelling, accessory dwelling, or a guest house as Short-term Rental Housing requires Administrative Conditional approval as outlined in Section 2.06.045 except as otherwise noted as a permitted use in Chapter III – Establishment and Definition of Districts. 1. No more than two Short-term Rental units per tract of record shall be established in AG-80, AG-40, AG-20, SAG-10, SAG-5, R-2.5, R-1, R-2, R-3, RC-1, BS, AL, LBL, LL, LS, RL, and WV use districts. 2. Two or more Short-term Rental units per tract of record may be established in R-4, R-5, RA-1, and B-5 use districts. 2. Amend Section 5.11.030 to read: Maximum occupancy shall be set by the sewage capacity as determined by the Flathead City-County Environmental Health Department, the applicable sewer district, or the number of bedrooms in the dwelling(s), whichever is fewer. 3. Amend Section 5.11.050 to read: Short-term rentals are allowed one sign to indicate a Short-term Rental operation. The signage must be located on the subject property. 1. The sign shall be no larger than 1 square foot. 2. Information displayed on the signage shall be limited to the name of the property owner, the property address, or the property management company associated with the Short-term Rental. 4. Amend Section 5.11.060 to read: The name and number of a local contact person or management company shall be provided with the Administrative Conditional Use application. This contact person or management company shall be available 24 hours a day, seven days a week, and be able to arrive at the subject property within one hour should there be an emergency or problem. The contact information for the local contact person or management company shall be sent via certified mail by the applicant to all property owners within 150 feet of the property applying for Short- term Rental Housing. 1. Quiet hours shall be established by the property owner and approved by the Zoning Administrator. A. Quiet hours shall be enforced by the emergency contact, and the emergency contact shall be available to address and mitigate potential problems. B. Quiet hours/house rules shall be posted within the short-term rental and in any online advertising. 5. Amend 5.11.090 to read: The property being utilized as Short-term Rental Housing shall have adequate off-street parking spaces. 1. A Short-term Rental within the principal dwelling must have a minimum of two (2) off-street parking spaces. 2. A Short-term Rental within the guest houses or accessory dwellings shall have a minimum of 2 (two) off-street parking spaces in addition to the requirements for the principal dwelling. 3. For dwellings with 4 bedrooms or more, one (1) additional off-street parking space is required. 6. Amend Section 5.11.110 to read: With the issuance of a Short-term Rental permit, the property owner/applicant shall receive a fire safety brochure from the Planning Office. The brochure will be conditioned to be posted on-site at the location of the short-term rental. 7. Amend Section 5.11.120 to read: The approval of an Administrative Permit for Short- term Rental Housing is subject to suspension or revocation should any of these standards and any additional conditions of approval not be met, or if there are three separate verified violations of the permit conditions or criminal violations related to the operation of Short-term Rental Housing. 1. If the Short-term Rental was approved administratively the Zoning Administrator has the right to suspend the Short-term Rental. A. The suspension can be appealed to the Flathead County Board of Adjustment and shall follow the procedures outlined in Section 2.04.020. The Flathead County Board of Adjustment can move to dismiss the suspension, uphold the suspension or revoke the permit. 2. If the short-term rental was approved by the Flathead County Board of Adjustments, the Zoning Administrator has the right to temporarily suspend the Short-term Rental pending a Board of Adjustment hearing. A. The process shall follow the procedures outlined in Section 2.04.020 B. The Flathead County Board of Adjustment can move to impose a formal suspension, dismiss the suspension or revoke the permit. The Flathead County Zoning Regulations apply in all County zoning districts created under Section 76-2-205, M.C.A., and are on file for public inspection at the Office of the Board of Commissioners, located at 800 South Main, Room 302 Kalispell, Montana, the Flathead County Planning and Zoning Office, 40 11th Street West, and on the Flathead County Planning and Zoning Office’s website at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed amendments to the regulations are on file for public inspection at the Office of the Board of Commissioners and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 13th day of July, 2023 at 10:30 a.m. in the Commissioners’ Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the text of the Flathead County Zoning Regulations. Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing if received by the Flathead County commissioners’ Office at least three business days prior to the hearing. DATED this 25th day of May, 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: Brad Abell Brad W. Abell, Chairman June 29, July 6, 2023 MNAXLP __________________________

No. 29544 C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W., P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com Attorneys for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In The Matter of The Estate of James L. Schmauch, Jr., Deceased. Cause No. DP-23-163(D) NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must be either mailed to the personal representative, Daniel E. Schmauch, by certified mail, return receipt requested, c/o Hash, O’Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED this 31st day of May, 2023. /s/ Daniel E. Schmauch Personal Representative Hash, O’Brien, Biby & Murray, PLLP By /s/ C. Mark Hash Attorneys for the personal representative June 22, 29, July 6, 2023 MNAXLP __________________________