Big Timber City Zoning Code
AMENDMENTS AND
CHANGES
§ 154.465 INTENT.
The intent of this subchapter is to provide a procedure for processing applications or petitions for zone changes and amendments. The City-County Planning Board may make recommendations and the City Council may amend, supplement, or change this subchapter, regulations, and map pertaining hereto.
(2015 Code, § 11-25-1) (Ord. 454, passed 6-19-2000)
§ 154.466 APPLICATION PROCEDURES.
Written applications for zone changes or amendments shall be submitted, signed, and filed with the Zoning Officer. No application will be regarded as having been filed unless it is complete and until the required fee has been paid.
(A) Required information. The application for a zone change shall include, but not be limited to, the following:
(1) A description of the present and proposed zoning;
(2) A legal description and general location of the tract upon which the zone change is sought;
(3) The area and dimensions of the parcel;
(4) Covenants or deed restrictions on the property, if any, must be provided with the application; and
(5) The name, address, and phone number of the owner(s) of the land and agent(s), if any. Applications must be signed by the owner(s).
(B) List of property owners. A list of all property owners of lots 150 feet from a lot included in a proposed change, their mailing address, and legal description of their property. The County Clerk and Recorder or a title abstractor must certify the list.
(C) Map. A map showing the present and proposed zone change in relation to zoning of properties within 150 feet of the property.
(D) Deadline for submission. The application must be submitted at least 15 days prior to a meeting of a regularly scheduled meeting of the City-County Planning Board.
(F) Withdrawal or amendment. The application may be withdrawn or amended by the applicant prior to the legal advertising as required by this subchapter if the request is submitted in writing and signed by the owner(s).
(2015 Code, § 11-25-2) (Ord. 454, passed 6-19-2000)
§ 154.467 INVESTIGATION OF AMENDMENT.
(A) Zoning Officer to investigate. Upon initiation of an amendment by the City Council or the City-County Planning Board, or upon petition from a property owner, the Zoning Officer shall investigate facts bearing on such initiation or petition and will prepare a report that:
(1) Evaluates whether the zone change or amendment is consistent with the intent and purpose of this chapter;
(2) Evaluates the impact of the proposed zone change or amendment on public facilities and services; and
(3) Assesses whether the zone change or amendment is in compliance with the city growth policy plan, as amended.
(B) Additional duties of Zoning Officer. Additionally, the Zoning Officer shall:
(1) Place a notice of the time, date, and place for a public hearing in a newspaper of general circulation at least 15 days prior to the public hearing;
(2) Notify the owner(s) of the property, or the agent, of the time, date, and place of the public hearing at least 15 days prior to the public hearing;
(3) Notify the property owners, by mail, of lots 150 feet from a lot included in the proposed change of the time, date, and place of the public hearing and proposed use at least 15 days prior to the public hearing. The Zoning Officer may notify property owners of lots beyond 150 feet if the officer determines that the proposed use of the property would likely have a substantial impact on the surrounding land uses; and
(4) Post a notice of the time, date, and place of the public hearing on the property 15 days prior to the public hearing.
(2015 Code, § 11-25-3) (Ord. 454, passed 6-19-2000)
§ 154.468 HEARING FOR AMENDMENT.
(A) Public hearing required. The City-County Planning Board shall hold a public hearing on the zone change or amendment at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days’ notice of time and place of such hearing shall be published in a newspaper of general circulation. In addition, the Zoning Officer shall post a notice of time and place of such hearing at least 15 days’ prior to the hearing on the affected property. All property of lots 150 feet from a lot included in the proposed change shall be notified of the proposed change by U.S. mail at least 15 days in advance of the hearing.
(B) Board reports and recommendations. After such hearing or hearings, the City-County Planning Board will make reports and recommendations on said petition or initiation to the City Council. The recommendation shall address:
(1) Whether the zone change or amendment is consistent with the intent and purpose of this chapter;
(2) What impacts the proposed zone change or amendment will have on public facilities and services;
(3) What impacts the proposed zone change or amendment will have on abutting properties or the permitted uses thereof; and
(4) Whether the zone change or amendment is in compliance with the city growth policy plan, as amended.
(2015 Code, § 11-25-4) (Ord. 454, passed 6-19-2000)
§ 154.469 APPROVAL.
(A) Basis for approval or denial. The City Council approves such lawful zone changes or amendments that are not detrimental to substantial protection of public health, safety, and general welfare. The City Council will base its final approval or denial on the following criteria:
(1) Consistency with the intent and purpose of this subchapter;
(2) Compliance with the city growth policy plan, as amended;
(3) Impacts to abutting properties or the permitted uses thereof; and
(4) Compatibility with prevailing uses in the area. No zone change will result in spot zoning.
(B) Protest. A zone change or amendment may not become effective except upon a favorable vote of two-thirds of the present and voting members of the City Council if a protest against a change is signed by the owners of 25% or more of:
(1) The area of lots included in any proposed change; or
(2) Those lots 150 feet from a lot included in a proposed change.
(2015 Code, § 11-25-5) (Ord. 454, passed 6-19-2000)
§ 154.999 PENALTY.
(A) Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof, and shall be filed with the Zoning Officer. He or she shall record properly such complaint and immediately investigate and take action thereon as provided by this chapter.
(2015 Code, § 11-26-1)
(B) Violation of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with the grant of variances or conditional uses or any of the requirements for conditions imposed by the City Council, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned not more than six months or both; and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense and punishable as such.
(2015 Code, § 11-26-2)
(Ord. 454, passed 6-19-2000)