A.

Whenever public necessity and the general welfare require it, boundaries of the zones, zoning districts and zoning regulations or restrictions established by this title may be amended. Such requests to amend, change, modify or repeal the zoning boundaries or restrictions shall be initiated by one of the following:

1.

A resolution of intention of the council of commissioners; or

2.

A resolution of intention of the zoning commission; or

3.

A verified petition of an owner(s) of the affected property or his/her designated attorney-in-fact, a developer upon written consent of the property owner; or

4.

A plaintiff in an action in eminent domain to acquire the property as to which the zone or property use amendment is proposed.

B.

All proposals, except interim zoning ordinances, to amend zoning boundaries, establish zoning districts, or to amend or repeal zoning regulations and restrictions shall be submitted to the zoning commission for their consideration on a form prescribed by the zoning commission, including such fees as established by the council of commissioners.

C.

Upon receipt of a valid petition or application to amend, change, modify or repeal the zoning boundaries, regulations or restrictions, the secretary of the zoning commission shall give notice of a public hearing to consider said zone change or zoning ordinance amendment.

D.

Notice of the public hearing shall be at least fifteen days in advance and shall be by posting the affected property with a sign stating the date, time and place of the hearing and by publication in a newspaper of general circulation within the jurisdiction of Butte-Silver Bow, state of Montana.

(Ord. 225 § 1(B) (part), 1985: Ord. 53 § 250-1, 1978)

A.

Prior to the hearing or the conclusion thereof, the zoning commission shall make, or cause to be made, an investigation of the facts bearing upon the petition or application set for the hearing in order to provide information necessary to ensure that any action taken on the petition or application will be consistent with the master plan and the purpose of this title.

B.

Any interested person(s) may appear and speak for or against the petition or application at the public hearing or submit any comments regarding said petition or application prior to or during said public hearing.

C.

Upon completion of the public hearing, the zoning commission shall render its decision to the council of commissioners. Such decisions shall be advisory only and shall recite the findings of the zoning commission upon which the decision is made.

D.

After receiving the recommendation of the zoning commission, except for interim zoning ordinances, the zoning district boundaries or other zoning regulations and restrictions in this title, may be amended, supplemented, changed, modified or repealed by the passage of an appropriate ordinance by the council of commissioners. Provided, however, before the council acts on amending the zoning ordinance or zoning district boundaries, a public hearing shall be held by the council at which any party in interest or member of the public shall have an opportunity to be heard. At least fifteen days notice of the time and place of such hearing shall be given by publication in a newspaper of general circulation within the jurisdiction of Butte-Silver Bow, state of Montana and by posting a sign of said notice on the front of the land or structure that is proposed to be changed.

E.

Action of the council of commissioners regarding said petition or application shall be final and shall become effective within thirty days, except for interim zoning ordinances which shall become effective immediately, upon passage.

(Ord. 225 § 1(B) (part), 1985: Ord. 53 § 250-2, 1978)

In case of protest against a change in this title, signed by the owners of twenty percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred and fifty feet therefrom, or of those adjacent on either side thereof within the same block, or of those directly opposite thereof extending one hundred fifty feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the council of commissioners.

(Ord. 53 § 250-3, 1978)

A.

Purpose. The purpose of a transition (T) district is to permit orderly, proper and harmonious growth of a lower district into an adjacent higher district where such growth is in keeping with the best development of both districts and the total area covered by this title.

B.

1.

Method. Requests for establishing a transition (T) district shall be as covered under Chapter 17.56 and other applicable portions of this title.

2.

Should the zoning commission decide in favor of the request, the planning director shall, within two weeks, recommend the amending ordinance to the council of commissioners for processing as per Sections 17.52.010 and 17.52.020.

C.

Uses Permitted. Any use permitted in the amended lower zone in which the T district is combined is permitted, subject to direct review and approval of provisions and requirements of this title. In granting or denying a proposed use and in establishing conditions for said use, the director shall be governed by the specific standards adopted in the ordinance creating the T district as well as the general standards provided for in this title.

D.

Standards. The planning director's recommendation of a particular T district to the council of commissioners shall include specific development standards and may include performance standards. The T districts and the T districts' specific standards shall be adopted concurrently. Such standards may provide for:

1.

Special setbacks, yards, open spaces, and buffers;

2.

Fences and walls;

3.

Lighting;

4.

Regulation of points of vehicular ingress and egress;

5.

Regulations of signs;

6.

Regulations of time of certain activities;

7.

Requiring landscaping and maintenance thereof;

8.

Requiring maintenance of grounds;

9.

Time period in which the proposed use shall be developed;

10.

Regulation of odors, smoke, dust, flying ash, or airborne solids;

11.

Regulations of vibration, glare, and heat;

12.

Such other conditions as will make possible development of Butte-Silver Bow in an orderly and efficient manner and in conformity with the intent and purpose of this title. Any use permitted in the T district shall be established and conducted in conformity with the terms and conditions applicable in the T district.

E.

Designation. Should a lower zone (i.e. C-1 local business zone) be approved to expand into a higher district (i.e. R-2 multiple-family residence zone) as a transitional T district under the provisions of this chapter, it would then be designated as a combined district (i.e. C-l-T) and all of the provisions of the main (i.e. C-l) zone would be applicable but with the special standards of the T district taking precedence where these are more stringent.

F.

Alternate Procedures. Where a proposed change of zone qualifies under Chapter 17.46 of this title, this procedure shall be required in lieu of subsections A, B, C, D and E of this section.

(Ord. 53 § 250-4, 1978)