[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]
A.
Amendments
may be proposed by any citizen, property owner, organization or governmental
body.
B.
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.
C.
The
application submitted shall contain the following information:
1.
The name, address and phone number of the applicant.
2.
Legal description of the property proposed for rezoning.
3.
The name of the person, firm or organization holding title to such
real estate.
4.
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.
5.
The amendment requested. For rezonings, the zoning classification
requested.
D.
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]
A.
The
Commission shall hold a public hearing on all proposed amendments.
Notice of public hearing shall be given in the following manner:
1.
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.
2.
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.
3.
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.
B.
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.
C.
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.
D.
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.
