(A) Purpose. Any person may petition for the amendment of the zoning district map and/or these regulations. The amendment procedure shall be as provided here and in M.C.A. § 76-2-303. Amendments may also be initiated by the Zoning Commission or Zoning Administrator, in which cases steps (division (B)(1) below) through (division (B)(3) below) will not be required.
(B) Amendment process.
(1) The applicant shall submit a properly completed application form, the required supporting materials, including a narrative evaluating the amendment request under the amendment criteria in division (B)(2) below and the required application fee at the Town Hall.
(2) The Town Clerk shall process the application and cause the application to be received by the Zoning Administrator.
(3) The Zoning Administrator shall determine whether the application is complete and sufficient. When an application is determined incomplete or insufficient, the Zoning Administrator shall provide written notice to the applicant indicating what information must be submitted for the review to proceed.
(4) After the application is determined to be complete and sufficient, the Zoning Administrator shall place a public hearing on the application for a zoning amendment on the agenda of the next Zoning Commission meeting for which the notice requirements can be met (§ 155.080 of this chapter), and at which time allows for its proper consideration.
(5) The Zoning Administrator or Town Clerk shall give notice of the public hearing in accordance with § 155.080 of this chapter.
(6) The Zoning Administrator shall prepare, or contract for the preparation of, a report that describes the proposed amendment and how it complies, or fails to comply, with and the amendment criteria. The report may include a recommendation for approval, approval with modifications or denial.
(7) The Zoning Commission shall conduct a public hearing on the proposed amendment. At the hearing, the Zoning Commission shall determine whether the proposed amendment meets the amendment criteria. The Zoning Commission shall review the particular facts and circumstances of the proposed amendment and develop findings and conclusions that support its recommendation that the Town Council approve, approve with modifications or disapprove it accordingly.
(8) The Zoning Commission’s action on a proposed amendment may be tabled, but for no more than 35 days.
(9) The Zoning Administrator shall convey the Zoning Commission’s recommendation and all public comments to the Town Council and, unless the application is withdrawn, place a hearing on the agenda of the next Town Council meeting for which the notice requirements can be met (§ 155.080 of this chapter), and at which time allows for its proper consideration.
(10) The Zoning Administrator or Town Clerk shall give notice of the public hearing in accordance with § 155.080 of this chapter.
(11) The Town Council shall conduct a public hearing on the proposed amendment. At the hearing, the Town Council shall consider the recommendation of the Zoning Commission and all testimony received, then approve, reject or modify and approve the amendment. Action on the proposed amendment may be tabled, but for no more than 35 days.
(12) If approved or approved with modifications, the Town Council shall pass an ordinance effectuating the amendment to the zoning map or regulations, as applicable.
(13) An amendment to the zoning may not become effective, except upon favorable vote of two-thirds of the present and voting members of the Town Council if a protest against a change is signed by the owners of 25% or more of:
(a) The area of the lots included in the proposed change; or
(b) 1. Those lots or units, as defined in M.C.A. § 70-23-102, 150 feet from a lot included in a proposed change. For purposes of this protest provision, each unit owner is entitled to have the percentage of the unit owner’s undivided interest in the common elements of the condominium, as expressed in the declaration, included in the calculation of the protest.
2. If the property, as defined in M.C.A. § 70-23-102 spans more than one lot, the percentage of the unit owner’s undivided interest in the common elements must be multiplied by the total number of lots upon which the property is located.
3. The percentage of the unit owner’s undivided interest must be certified as correct by the unit owner seeking to protest or by the presiding officer of the association of unit owners.
(14) At the conclusion of the amendment process, the Zoning Administrator shall notify the applicant of the Town Council decision within 15 working days.
(C) Amendment criteria.
(1) Zoning amendments shall be made:
(a) In accordance with the growth policy;
(b) To secure safety from fire and other dangers;
(c) To promote public health, safety and general welfare; and
(d) To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
(2) In reviewing and making recommendations or decisions on zoning amendments, the Zoning Administrator, Zoning Commission, and Town Council shall also consider:
(a) Reasonable provision of adequate light and air;
(b) The effect on motorized and non-motorized transportation systems;
(c) The promotion of compatible urban growth;
(d) The character of the district, and its peculiar suitability for particular uses; and
(e) Conserving the value of buildings and encouraging the most appropriate use of the land throughout the jurisdictional area.
(3) Other criteria include whether the amendment:
(a) Corrects an inconsistency in the zoning; and
(b) Addresses changing conditions or furthers a specific public challenge such as the need for affordable housing, economic development, mixed use development or sustainable environmental features.
(Ord. 329, passed 1-11-2016)