The common council may from time to time on its own motion or on petition, amend, supplement, change, modify, or repeal the boundaries of districts, these regulations, or the restrictions herein established. Any property owner in the jurisdictional area may apply for a zone change if the provisions of this chapter are met.
The zoning commission shall have thirty (30) working days to hold a public hearing and submit a written recommendation to the common council.
Prior to making a recommendation regarding a proposed zone change or amendment to the zoning regulations, the zoning commission shall hold a public hearing giving notice in a local newspaper of general circulation of such at least fifteen (15) days prior to the public hearing.
A. Twelve (12) copies of the zone change application form with the following information shall be submitted to the city clerk on the first day of the month prior to the month in which the zoning commission will hear the application. If the application is not complete its review will be postponed one month until all required information is presented.
1. The names and addresses of the owners and their agents, if any.
2. A legal or metes and bounds description of the tract(s) to be rezoned.
3. A scale map showing the dimensions, acreage, and location of the tract(s) and adjacent parcels within one hundred fifty feet (150'). (Ord. 2003-03, 4-15-2003)
4. An accurate straight line drawing prepared within thirty (30) days prior to application depicting the property, a list of names and addresses of all property owners of record owning property within one hundred fifty feet (150') of the proposed location; and a copy of the geocode map of all property owners of record owning property within one hundred fifty feet (150') of the proposed location provided by the Montana department of revenue property assessment Big Horn office. (Ord. 2012-04, 4-17-2012)
5. Present and desired zoning of the subject tract(s).
6. Review fee.
7. Statement by applicant indicating understanding that review fee is not refundable and does not constitute a payment for zone change, that the applicant or the authorized agent of the applicant must appear before the zoning commission and the common council and that all information supplied by the applicant is true and correct to the best of the applicant's knowledge.
B. The city clerk shall keep one copy of the application with supplements, note the time received, send one copy to the city planner, and forward the remainder to the zoning commission secretary.
No petition for zone change shall be processed and the application review time frame does not start until all of the information listed above, the required number of copies, and the review fee have been received by the city.
C. An application for the same zone change affecting the same property shall not be submitted more than once every twelve (12) months.
D. State code 1 requires that local governments take into consideration during deliberations on proposed zone changes the "purposes of zoning": 1) such regulations shall be made in accordance with the growth management plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, schools, parks, and other public requirements; 2) such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality.
E. After conducting the duly advertised public hearing, the zoning commission shall make a recommendation to the common council, and the zoning commission may delay making this recommendation no more than thirty (30) working days.
F. After making a decision on zoning district or ordinance change, the city shall send a copy of its decision to the applicant and to the zoning commission. (Ord. 2003-03, 4-15-2003)
Notes
| 1 | 1. MCA 76-2-304. |