11-1-13: TEXT AMENDMENT AND REZONING CHANGES:
   A.   Initiation:
      1.   Initiation By Town: The town commission may, from time to time, amend, supplement or change this title and zoning map. An amendment, supplement or change may be initiated by the town commission, or the planning board.
      2.   Owner Petition: A property owner that desires a reclassification of his property or change of regulations applicable to the property may file a petition with the zoning administrator on forms provided for this purpose. The petition shall be signed by the property owner requesting an amendment or change of regulations prescribed for the property.
   B.   Investigation: Upon initiation of an amendment, the zoning administrator shall investigate the facts to assure that the result of each such petition will be consistent with the intent and purpose of this title, including but not limited to, finding that the application complies with the Ennis comprehensive plan.
   C.   Public Hearing Procedures And Requirements:
      1.   Planning Board Hearing: The planning board shall hold a public hearing on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of the hearing shall be published in an official paper or a paper of general circulation in the town 1 .
      2.   Additional Area Notice: Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed change or use as determined by the zoning administrator.
      3.   Planning Board: After such hearing or hearings, the planning board will make reports and recommendations on the petition or initiation to the town commission.
      4.   Town Commission Action: When the planning board has recommended to approve or deny an amendment to this title, including a change in the district boundaries, a public hearing shall be held by the town commission for the purpose of acting upon the proposed amendment.
      5.   An amendment may not become effective, except upon a favorable vote of two-thirds (2/3) of the present and voting members of the town commission if a protest against the amendment is signed by the owners of twenty five percent (25%) or more of:
         a.   The area of the lots included in the proposed change; or
         b.   Those lots within one hundred fifty feet (150') from a lot included in the proposed amendment. (Ord. 131, 3-14-2002)

 

Notes

1
1. MCA § 76-2-303.