HomeMy WebLinkAboutPossible Modification to Noticing Requirements forZoning Projects
Report compiled on March 17, 2009
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Options for noticing of zoning projects
MEETING DATE: Monday, March 23, 2009
RECOMMENDATION: Direct staff to prepare code amendments as needed to implement the
Commission’s selection of options.
BACKGROUND: Planning Staff was asked to look at ways to reduce the cost of noticing in
the development review process. Noticing occurs in three ways: by mail, posting a notice on the
site, and publication in the newspaper. For some smaller projects the cost of publishing notice in
the newspaper may exceed the cost of the review itself. Staff does not recommend any changes
in the mail or site posting activities. Mail and site posting has minimal cost and provides the
most direct noticing to affected parties. We do recommend changes in newspaper publication.
Publication of notice in the newspaper is required for all public hearings. Unless a specific
process is identified in the law, the provisions of 7-1-4121, MCA apply. Notice is necessary to
enable citizens to be aware of possible government actions and enable them to participate in the
decision making process. Bozeman has chosen to add mail and site posting actions for
development review. Mail and posting are targeted to the citizens most affected by a
development decision.
The current local noticing requirements are in Title 18, Unified Development Ordinance, Chapter
76 BMC. Bozeman has chosen to include a map of the site with notices, as well as the name and
address of the developer and applicant. Inclusion of the map has required publication of display
advertisements rather than legal advertisements. There is substantial additional cost to use the
display advertisements.
Bozeman has chosen to require public hearings with some actions which are not required by state
law. Examples are demolition of contributing historic structures and notices of zoning violations.
Uses which are required to obtain a conditional use permit must also have a public hearing.
Requiring additional public hearings has increased the number of public notices which must be
published in the newspaper.
The City’s website provides an alternate means to make development notices available to the
public. There is no additional cost to including the map within a notice provided on the website.
If the Commission wishes to reduce costs from noticing Staff suggests the following changes in
practice.
1. Remove the map requirement from the notices published in the newspaper. The map
can be retained for mailed, posted, and web provided notices.
2. Utilize legal advertisements instead of display advertisements. This may only be done
if option 1 is also chosen.
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Report compiled on March 17, 2009
Commission Memorandum
3. Change the Unified Development Ordinance so that a public meeting rather than a
public hearing is required for:
– Notice of violation enforcement actions, Section 18.64.160.E
– Demolition of contributing historical structures, Section 18.28.080.C
– Home based business complaints, Section 18.40.110.D
– Common open space maintenance enforcement, Section 18.72.030.H
4. Create a service through the City’s website to provide notice of pending development
decisions.
In addition, Staff recommends consideration of which uses currently identified as needing a
conditional use permit may be better to process as site plans. Legal staff has suggested removing
the applicant and owner information from all notices. This would not materially affect cost but
would simplify the notice and thereby place greater emphasis on the most important information.
UNRESOLVED ISSUES: Which, if any, of the identified options does the Commission wish to
implement.
FISCAL EFFECTS: Direct fiscal effects to the City are expected to be minor. Most noticing
costs are recouped through application fees. There may be some cost savings on City initiated
actions.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Chris Saunders at csaunders@bozeman.net if you have
questions prior to the meeting.
Respectfully submitted,
Andrew Epple, Planning Director
Chris Kukulski, City Manager
Attachments: Sections 7-1-4127, 7-1-4142, and 7-1-4243 Montana Code annotated
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7-1-4127. Publication of notice -- content -- proof. (1) When a municipality is required to publish
notice, publication must be in a newspaper, except that in a municipality with a population of 500 or less
or in which no newspaper is published, publication may be made by posting in three public places in the
municipality which have been designated by ordinance.
(2) The newspaper must be:
(a) of general paid circulation with a periodicals mailing permit;
(b) published at least once a week; and
(c) published in the county where the municipality is located.
(3) In the case of a contract award, the newspaper must have been published continuously in the
county for the 12 months preceding the awarding of the contract.
(4) In a county where no newspaper meets these qualifications, publication must be made in a
qualified newspaper in an adjacent county.
(5) If a person is required by law or ordinance to pay for publication, the payment must be received
before the publication may be made.
(6) The notice must be published twice, with at least 6 days separating each publication.
(7) The published notice must contain:
(a) the date, time, and place of the hearing or other action;
(b) a brief statement of the action to be taken;
(c) the address and telephone number of the person who may be contacted for further information on
the action to be taken; and
(d) any other information required by the specific section requiring notice by publication.
(8) A published notice required by law may be supplemented by a radio or television broadcast of the
notice in the manner prescribed in 2-3-105 through 2-3-107.
(9) Proof of the publication or posting of any notice may be made by affidavit of the owner,
publisher, printer, or clerk of the newspaper or of the person posting the notice.
History: En. Sec. 3, Ch. 455, L. 1979; amd. Sec. 3, Ch. 354, L. 2001.
Page 1 of 17-1-4127. Publication of notice -- content -- proof.
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7-1-4142. Public participation. Each municipal governing body, committee, board, authority, or
entity, in accordance with Article II, section 8, of the Montana constitution and Title 2, chapter 3, shall
develop procedures for permitting and encouraging the public to participate in decisions that are of
significant interest to the public.
History: En. Sec. 18, Ch. 455, L. 1979.
Page 1 of 17-1-4142. Public participation.
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7-1-4143. Participation. In any meeting required to be open to the public, the governing body,
committee, board, authority, or entity shall adopt rules for conducting the meeting, affording citizens a
reasonable opportunity to participate prior to the final decision.
History: En. Sec. 19, Ch. 455, L. 1979.
Page 1 of 17-1-4143. Participation.
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