Glendive City Zoning Code
AMENDMENTS
§ 155.350 APPLICATION PROCEDURE.
(A) Initiation. Application for amendment of the zoning ordinance map or text may be initiated at the request of the following:
(1) The City Council;
(2) A majority of the total membership of the City-County Planning Board; and
(3) A property owner or group of property owners, or his, her or their authorized agent on their respective property.
(B) Amendment requested.
(1) Application for amendment of the zoning ordinance may be initiated to amend the zoning ordinance map for a particular parcel or number of parcels, to amend the zoning ordinance text or to amend a combination of the zoning ordinance map and text.
(2) An application to amend the zoning ordinance map for a parcel or number of parcels and/or to amend the zoning ordinance text shall require two or more separate applications, although such applications may be consolidated into one public hearing. Approval of one application shall not mandate approval of the other application.
(C) Application form; conditions for submittal. Each application to amend the official map shall be completed on a form with the Zoning Coordinator, and each application shall be submitted under the following conditions:
(1) A legal description of the tract(s) proposed to be rezoned;
(2) A map showing the dimensions, acreage and location of the tracts(s) and adjacent land uses;
(3) The names and addresses of the owners of the land and their agents;
(4) Payment of all applicable fees; and
(5) Any additional information deemed necessary and appropriate by the Zoning Coordinator.
(D) Time of filing. An application for amendment to the official zoning map shall be at least 20 days prior to the date of the public hearing before the Zoning Commission.
(E) Withdrawal or amendment of application. An application for a zone change may not be withdrawn or amended after the legal advertising, as required by this section, has appeared for the final public hearing before the City Council.
(Prior Code, § 11-10-1) (Ord. 09-2002, passed 5-21-2002)
§ 155.351 NOTICE REQUIREMENTS.
(A) No such regulations, restriction or boundary shall become effective until after a public hearing, both before the Zoning Commission and City Council, in relation thereto at which parties in interest and citizens shall have an opportunity to be heard.
(B) At least 15 days’ notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in such municipality. The zoning change applicant, the land owner or his or her agent, shall be notified by mail five days prior to the date of the public hearing.
(Prior Code, § 11-10-2) (Ord. 09-2002, passed 5-21-2002)
§ 155.352 INVESTIGATION AND REPORTS.
(A) Investigation performed; submittal of report. The Zoning Coordinator, upon receiving an application for rezoning shall notify the Planning Director. An investigation shall be performed on each application to provide necessary information to ensure that the action on each initiation or application is consistent with the criteria and requirements set forth in this chapter. Any report on such investigation shall be submitted to the Zoning Commission and the City Council for consideration prior to or at the public hearing. A copy of said report shall be mailed or delivered to the applicant five days prior to the date of the public hearing.
(B) Duties of Zoning Coordinator and Planning Director. The Zoning Coordinator and Planning Director shall do the following:
(1) Consult with other departments of the city or county to fully evaluate the impact of any zoning change upon public facilities and services, including, but not limited to, schools, drainage, traffic and related facilities;
(2) Study each application with reference to its appropriateness and effect on existing and proposed land use, compatibility with surrounding land uses and references to the comprehensive plan;
(3) Identify public need in the property in question as compared with other property already zoned for the intended use in the area;
(4) In case of a protest petition filed in the matter of any application for rezoning determine the validity of each petition;
(5) Advertise in the legal newspaper 15 days in advance of the time and place of the public hearing;
(6) Notify, by mail, the applicant or his or her authorized agent five days prior to the date of the public hearing of the time and place of such hearing; and
(7) Report the findings and conclusions in writing to the Zoning Commission, which report shall be a matter of public record.
(Prior Code, § 11-10-3) (Ord. 09-2002, passed 5-21-2002)
§ 155.353 ZONING COMMISSION ACTION.
(A) Review. The Zoning Commission shall review and take action upon each application in accordance with the provisions of this chapter. The Zoning Commission shall make an advisory recommendation to the City Council which shall state the findings and determinations of the Zoning Commission.
(B) Findings of fact. In making its recommendations, the Commission shall, where applicable, submit in writing, the findings of fact on the following:
(1) The nature of the proposed use and its impact on adjacent properties and public services;
(2) The adequacy of ingress, egress, parking, lighting, landscaping and screening;
(3) Whether the proposed zone change is in accordance with the comprehensive plan and the intent of this chapter;
(4) Protest petitions, if any;
(5) There exists a public need for the use that would be allowed by the proposed zone amendment; and
(6) The identified public need is best met on the property in question as compared with other property already zoned for the intended use in the area.
(C) Recommendation to Council. The Zoning Commission shall make a recommendation to the City Council to:
(1) Deny the application;
(2) Approve the application; and
(3) Approve the application with conditions.
(D) Submittal of advisory recommendations. The advisory recommendations shall be in writing to the governing body within ten days of such public hearing.
(E) Adoption of rules and regulations. The Zoning Commission shall adopt such rules and regulations for the conduct of public hearings and meetings.
(Prior Code, § 11-10-4) (Ord. 09-2002, passed 5-21-2002)
§ 155.354 CITY COUNCIL ACTION.
(A) Public hearing required. Before taking action on an application for an amendment to the official map, and after presentation of the Zoning Commission report, the City Council shall hold a public hearing on the application.
(B) Protest. In case, however, of a protest against such change signed by the owners of 20% or more of the area of the lots included in such proposed change or of those within 150 feet of the exterior boundaries of the property for which a zone change is sought, such amendments shall not become effective except by the favorable vote of three-fourths of all the members of the City Council of such municipality.
(Prior Code, § 11-10-5) (Ord. 09-2002, passed 5-21-2002)
§ 155.355 REHEARING.
An application for amendment or zone change denied by the governing body shall not be resubmitted for a period of one year from the date of denial, except upon the initiation of the respective governing body in coordination with the Zoning Commission, after showing of a change of circumstances which would warrant a new application and rehearing.
(Prior Code, § 11-10-6) (Ord. 09-2002, passed 5-21-2002)
§ 155.356 HOLDING CLASSIFICATION FOR NEWLY ANNEXED AREAS.
When a parcel of land lying outside the corporate limits of the city is annexed to the city, the property shall revert to a holding classification of AR Agricultural Residential District. The Zoning Commission shall make a recommendation to the City Council the desirable zoning district classification for the area within 90 days of passage of the final resolution of annexation.
(Prior Code, § 11-10-7) (Ord. 09-2002, passed 5-21-2002)
§ 155.999 PENALTY.
(A) Misdemeanor. Violations of the provisions of this chapter or failure to comply with any of its requirements 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 as specified in § 10.99 and in addition shall pay all costs and expenses involved in the case. Each day such violations continues shall be considered a separate offense.
(B) Separate offense. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(C) Additional remedies. Nothing herein contained shall prevent the city or county from taking such other lawful action as is necessary to prevent or remedy any violation, or to bring an action to enjoin any violation of this chapter.
(Prior Code, § 11-9-5)