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A. Whenever the owner of any land or building desires a zone change or change in the boundaries of any district, the owner may request a zone change. Such request is filed with the community development department on an application form provided by the city for this purpose. The application must be duly signed and verified by the applicant, who shall pay any required fee.
B. For amendments to the Helena zoning regulations or zone changes, the zoning commission shall hold a public hearing to obtain facts and information from all interested parties. At least fifteen (15) days' notice of the time and place of such hearing must be published in an official newspaper, or a newspaper of general circulation, in the city.
C. The zoning commission may continue the hearing if necessary to obtain additional facts and information. If the hearing is continued, a second legal notice is not required if the time, date, and location of the continued hearing are announced at the hearing and placed in the official record of the zoning commission.
D. The zoning commission recommendation must be based upon information presented at a public hearing and information contained in the application.
E. The zoning commission shall send the city commission its recommendation on the application, together with any and all pertinent facts in regard to the application and its recommendation. The applicant shall be given a true and exact copy of the zoning commission's recommendation at least three (3) days prior to the city commission hearing on the application.
F. The city commission shall hold a public hearing on the application, at which time the zoning commission's recommendation is considered and public testimony received. The city commission may by ordinance approve, deny or change the recommendation of the zoning commission.
G. The recommendations of the zoning commission, and the decisions of the city commission, are based upon the considerations and factors set forth in sections 76-2-301 through 76-2-305 Montana Code Annotated. The city commission shall set forth its reasons in written findings and conclusions giving due consideration to each of the matters set forth in section 76-2-304 Montana Code Annotated. (Ord. 3097, 4-7-2008)