[Ord. No. 777 §26-109, 3-23-1994]
The Board of Aldermen may from time to time by ordinance amend, supplement, change, modify or repeal the boundaries of the zoning districts or the zoning regulations and subdivision regulations herein or subsequently established. Before taking any such action, the Board of Aldermen shall submit the same to the Planning and Zoning Commission for its recommendation and report.
[Ord. No. 777 §26-110, 3-23-1994]
Amendments may be proposed by any citizen, property owner, organization or governmental body.
An application for an amendment, along with pertinent data and information as may be prescribed by the Commission, shall be submitted to the Commission at least thirty (30) working days prior to the date of public hearing to be held by the Commission on the application. Applications for amendments initiated by the Commission, the Board of Aldermen or the Board of Adjustment shall be accompanied by a resolution of such body pertaining to the proposed amendment.
The application submitted shall contain the following information:
The name, address and phone number of the applicant.
Legal description of the property proposed for rezoning.
The name of the person, firm or organization holding title to such real estate.
The street address of such real estate and if there is no street address, a sufficient description of the location of said real estate to enable the ordinary person to determine its location.
The amendment requested. For rezonings, the zoning classification requested.
A fee established by the Board of Aldermen shall be paid to the City of Billings for each application for an amendment to cover the costs of advertising and other administrative expenses involved. The Board of Aldermen, the Planning and Zoning Commission and Board of Adjustment shall be exempt from this fee.
[Ord. No. 777 §26-111, 3-23-1994]
The Commission shall hold a public hearing on all proposed amendments. Notice of public hearing shall be given in the following manner:
Notice of public hearing shall be given by publication in a newspaper of general circulation in the City of Billings at least fifteen (15) days prior to said hearing.
Amendments pertaining to a change in zoning district boundaries or classification of property shall require notices to be posted by the applicant in three (3) conspicuous places on the property for which the zoning change is requested. Said signs shall be provided by the City and a deposit as established by the Board of Aldermen shall be required on said signs. Said signs shall be posted not less than ten (10) days prior to the public hearing held by the Commission.
Notice of such hearing shall also be provided by certified United States record owners of property within the area proposed to be rezoned and within one hundred eighty-five (185) feet of the property proposed to be rezoned. The applicant shall provide the City with proof of such notification, including certified return receipts and a list of all persons and addresses notified.
The Commission shall make written findings of fact on the proposed amendment and shall submit same together with its recommendations to the Board of Aldermen. The Commission shall not, however, forward its recommendations to the Board of Aldermen when at the hearing before the Commission the applicant or his/her agent did not appear and present evidence in regard to the applicant's request for a change in zoning classification or district boundaries.
The Board of Aldermen shall take no action on a proposed amendment until the report or recommendations of the Commission has been submitted. A public hearing shall be held by the Board of Aldermen before adopting any proposed amendment, supplement, change or repeal. Notice of such hearing shall conform to the requirements of Subsection (A) herein.
In case of a protest against such change duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the district proposed to be changed, then the favorable vote of two-thirds (⅔) of all the members of the Board of Aldermen shall be required for the amendment to be enacted.