HomeMy WebLinkAboutChapter_70 Zoning Map Amendments
Title 18
Chapter 70
ZONING MAP AMENDMENTS
Sections:
18.70.010 Initiation of Amendments and Changes
18.70.020 Amendments and Re-zonings - Investigation Requirements
18.70.030 Public Hearing Procedures and Requirements
18.70.010 Initiation of Amendments and Changes
A. The City Commission may, from time to time, amend, supplement, or change the
zoning district maps appertaining to this title. An amendment, supplement or
change may be initiated by the City Commission, Zoning Commission or upon
application from an owner of property within the city.
B. The City Commission or Zoning Commission may upon a vote of a majority of its
members direct the initiation of an amendment to the zoning map. When either
body initiates an amendment, the application shall be signed by the Mayor or
Chairman of the Zoning Commission as applicable.
C. Whenever the property owner of any land or building desires a reclassification on
his/her property, they may file with the Planning Department an application
requesting an amendment or change of regulations prescribed for such property.
Applications for change of district boundaries or reclassification of districts as shown
on the Zoning District Map shall be on forms supplied and prepared by the
department. When the application, bearing property owner's signatures, is filed with
the department it shall contain or be accompanied by:
1. 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
2. A notarized statement by at least one of the owners of property within the
area proposed to be changed attesting to the truth and correctness of all
facts and information presented with the application.
D. Whenever an owner of any land within the city desires a reclassification on property
that they do not own, such as a request to establish a different zoning classification
for a block or other group of properties, they may file with the Planning Department
on forms provided by the City for this purpose an application duly signed by the
owners of no less than 51 percent of either the area of lots or number of lots of the
affected property requesting an amendment for such property. When the
application, bearing property owners signatures, is filed with the department it shall
contain or be accompanied by:
1. All the data and information pertinent to the understanding and judgment
of the proposal, as may be prescribed by the Commission for that purpose
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so as to assure the fullest practicable presentation of facts for the
permanent record; and
2. A notarized statement by at least one of the owners of property within the
area proposed to be changed attesting to the truth and correctness of all
facts and information presented with the petition.
3. A application containing less than the required number of signatures shall
be considered incomplete and invalid and shall not be processed. (Ord.
1645 9 1, 2005)
18.70.020 Amendments and Re-zonings - Investigation Requirements
Upon initiation of an amendment by the City Commission, Zoning Commission, or upon
application from a property owner, the Zoning Commission shall cause to be made an
investigation of facts bearing on such initiation or application as will provide necessary information
to assure that the action of each such application is consistent with the intent and purpose of this
title. Specifically the investigation must address the criteria of 9 76-02-304, MCA, which are:
A. Consistency with the City's growth policy;
B. Lessening of congestion in the streets;
C. Securing safety from fire, panic, and other dangers;
D. Promotion of health and the general welfare;
E. Provision of adequate light and air;
F. Prevention of the overcrowding of land;
G. Avoiding undue concentration of population;
H. Facilitating the adequate provision of transportation, water, sewerage, schools,
parks, and other pUblic requirements;
I. Reasonable consideration to the character of the district;
J. Reasonable consideration to the peculiar suitability of the property for particular
uses;
K. Conserving the value of buildings; and
L. Encouraging the most appropriate use of land throughout the municipality. (Ord.
164591,2005)
18.70.030 Public Hearing Procedures and Requirements
A. The City Commission and Zoning Commission shall hold public hearings on the
matters referred to in such application at which parties of interest and citizens shall
have an opportunity to be heard.
B. The Planning Director shall give public notice as required by Chapter 18.76.
C. After such hearing or hearings, the Zoning Commission will make reports and
recommendations on the application to the City Commission.
D. After the Zoning Commission has forwarded a recommendation on the amendment
to the zoning district map, a public hearing shall be held by the City Commission for
the purpose of acting upon the proposed amendment after public notice.
1. 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.
The provisions of Subsection 18.70.030.D include the ability for an
applicant to protest a possible decision to adopt a zoning less than
originally requested when the applicant meets the same criteria as other
affected landowners.
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2. If the City Commission intends to adopt a zoning designation different than
that applied for, the hearing will be continued for a minimum of one week
to enable the applicant to consider their options and whether to protest the
possible action. In the case of protest against a change to the zoning map
by the applicant the same favorable vote of two~thirds of the present and
voting members of the City Commission is required as for any other
protested zoning action. (Ord. 1645 9 1, 2005)
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