Kalispell City Zoning Code
CHAPTER 27
29 AMENDMENTS AND CHANGES
§ 27.29.010 Initiation and Amendment.
(1)
The City Council may, from time to time, amend, supplement, or change the text of this Zoning Ordinance and the official zoning map. An amendment, supplement, or change may be initiated by the City Council or Zoning Commission.
(2)
A property owner affected by these regulations may also seek an amendment or change to the official zoning map via petition and application to the City Planning Department.
(3)
Any individual may submit a petition and application regarding amendments relating to the text of this Zoning Ordinance.
(Ord. 1677, 7-19-2010)
§ 27.29.020 Investigation of Amendment.
Upon initiation of an amendment by the City Council or the Zoning Commission, or upon petition from a property owner, the Zoning Commission shall cause to be made such an investigation of facts bearing on such initiation or petition as will provide necessary information to assure that the action of each such petition is consistent with the intent and purpose of this title.
When considering an application for amendment to the official zoning map, the Zoning Commission and City Council shall be guided by and give consideration to the following:
(1)
Whether the new zoning was designed in accordance with the growth policy.
(2)
Whether the new zoning will effect motorized and nonmotorized transportation systems.
(3)
Whether the new zoning will secure safety from fire and other dangers.
(4)
Whether the new zoning will promote public health, public safety and the general welfare.
(5)
Whether the new zoning includes the reasonable provision of adequate light and air.
(6)
Whether the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
(7)
Whether the new zoning gives consideration to the character of the district and its peculiar suitability of the property for particular uses.
(8)
Whether the new zoning was adopted with a view of conserving the value of buildings.
(9)
Whether the new zoning will encourage the most appropriate use of land throughout the municipality.
(Ord. 1677, 7-19-2010; amd. Ord. 1702, 11-7-2011)
§ 27.29.030 Hearing for Amendment.
The Zoning Commission shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard.
(1)
At least 15 days' notice of time and place of such hearing shall be published in an official paper or paper of general circulation in the City.
(2)
All property owners within 150 feet of the site of the proposed zone change shall be notified via the United States mail at least 15 days prior to the public hearing.
(3)
Names and addresses of adjoining property owners will be assembled by the City Planning Department.
(4)
After such hearing or hearings, the Zoning Commission will make reports and recommendations on said petition or initiation to the City Council.
(5)
Based on the results of the Zoning Commission hearing, the staff report and the findings of the Zoning Commission, the City Council shall by ordinance render a decision to grant, amend or deny the requested amendment.
(6)
Such amendments shall not become effective except by the favorable vote of two-thirds of present members of the City Council whenever a protest signed against such changes is signed by the owners of 25% or more of the area of:
(Ord. 1677, 7-19-2010; amd. Ord. 1771, 6-6-2016)