HomeMy WebLinkAboutChapter_68 Text Amendments
Title 18
Chapter 68
TEXT AMENDMENTS
Sections:
18.68.010 Initiation of Amendments and Changes
18.68.020 Amendments - Investigation Requirements
18.68.030 Public Hearing Procedures and Requirements
18.68.040 Protest of Text Amendments
18.68.010 Initiation of Amendments and Changes
A. The City Commission may, from time to time, amend, supplement, or change this
title and the regulations appertaining thereto. An amendment, supplement or
change may be initiated by the City Commission, City Manager, Zoning
Commission, Planning Board, or upon petition from an owner of property within the
city.
B. The City Commission, Planning Board, or Zoning Commission may upon a vote of
a majority of its members direct the initiation of an amendment to this title and the
regulations appertaining thereto. When one of these bodies initiates an
amendment, the application shall be signed by the Mayor, President of the Planning
Board, or Chairman of the Zoning Commission as applicable.
C. Whenever any person or entity allowed to initiate an amendment desires a change
in regulations, they may file with the Planning Department, on forms provided by the
City for this purpose, an application duly signed and notarized by that person or
authorized representative of that entity requesting an amendment or change of
regulations.
1. When the application initiated by an owner of property, bearing the
property owners signature(s), is filed with the department it shall contain
or be accompanied by:
a. All the data and information pertinent to the understanding and
judgment of the proposal, as may be prescribed by the
Commission for that purpose so as to assure the fullest
practicable presentation of facts for the permanent record; and
b. A notarized statement by at least one of the owners of property
within the area subject to the proposed changes attesting to the
truth and correctness of all facts and information presented with
the petition. (Ord. 1645 ~ 1, 2005)
18.68.020 Amendments - Investigation Requirements
Upon initiation of an amendment by the City Commission, Zoning Commission, Planning
Board, or upon petition from a property owner, the Zoning Commission and/or Planning Board
shall cause to be made an investigation of facts bearing on such initiation or petition as will
provide necessary information to assure that the action of each such petition is consistent with
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the intent and purpose of this title as set forth in ~ 18.02.040, including but not limited to a finding
that the proposed amendment complies with the Bozeman growth policy. (Ord. 1645 ~ 1, 2005)
18.68.030 Public Hearing Procedures and Requirements
A. The City Commission, Zoning Commission, and/or Planning Board shall hold one
or more public hearings on the matters referred to in such initiation or petition at
which parties in interest and citizens shall have an opportunity to be heard. Notice
of such public hearings shall be provided as required by Chapter 18.76.
B. Any amendment to the text of the title shall be the subject of one or more public
hearing(s) before the City Commission, after receiving a recommendation from the
Zoning Commission and/or Planning Board as set forth below.
C. The public hearings to be heard by the Zoning Commission and/or Planning Board
shall be conducted by the bodies specified in this subsection:
1. Any amendment to the text of this title affecting only zoning provisions of
this title shall be heard by the Zoning Commission.
2. Any amendment to the text of this title affecting only subdivisions shall be
heard by the Planning Board.
3. Any amendment to the text of this title affecting both zoning and
subdivision shall be heard as a joint hearing of the Planning Board and
Zoning Commission with the president of the Planning Board to preside.
When there is a question as to whether an amendment would affect both
subdivision and zoning, the public hearing shall be jointly held.
4. After such hearing or hearings, the Zoning Commission and/or Planning
Board will make reports and recommendations on the petition or initiation
to the City Commission.
D. In the event that there is a question as to whether a proposed text amendment
affects both zoning and subdivision or only one of the subjects, the Planning
Director shall determine which bodies must hold a public hearing.
E. Recommendations to the City Commission and other official actions by both the
Zoning Commission and the Planning Board shall be only be official if made by at
least a majority of the membership of the body. (Ord. 1645 ~ 1, 2005)
18.68.040 Protest of Text Amendments
In the case of protest against such changes signed by the owners of 25 percent or more of
either the area of the lots included in any proposed change or those lots 150 feet from a lot
included in a proposed change, such amendment may not become effective except upon a
favorable vote of two-thirds of the present and voting members of the City Commission. (Ord.
1645 ~ 1, 2005)
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