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Townsend City Zoning Code

13.44 ZONE

MAP AMENDMENT

13.44.010 Initiation Of Amendments And Changes

  1. The City Council and/or Zoning Commission may, from time to time, amend, supplement, or change the zoning district maps appertaining to this title. An amendment, supplement or change may be initiated by the City Council, Zoning Commission, or upon application from an owner of property within the City.
  2. The City Council or Zoning Commission may upon a vote of a majority of its members direct the initiation of an amendment to the zoning map.
  3. Whenever the property owner of any land or building desires a reclassification on his/her property, they may file with the City an application requesting an amendment or change of regulations prescribed for such property. When the application, bearing property owner’ signatures, is filed with the City Clerk it shall contain or be accompanied by:
    1. All the data and information pertinent to the understanding and judgment of the proposal, as may be prescribed by the Council for that purpose so as to assure the fullest practicable presentation of facts for the permanent record; and
    2. A notarized statement by at least one of the owners of property within the area proposed to be changed attesting to the truth and correctness of all facts and information presented with the application.
  4. Whenever an owner of any land within the City desires a reclassification on property that they do not own, such as a request to establish a different zoning classification for a block or other group of properties, they may file with the City an application duly signed by the owners of no less than 51 percent of either the area of lots or number of lots of the affected property requesting an amendment for such property. When the application, bearing property owners signatures, is filed with the City it shall contain or be accompanied by:
    1. All the data and information pertinent to the understanding and judgment of the proposal, as may be prescribed by the Council for that purpose so as to assure the fullest practicable presentation of facts for the permanent record; and
    2. A notarized statement by at least one of the owners of property within the area proposed to be changed attesting to the truth and correctness of all facts and information presented with the petition.
    3. An application containing less than the required number of signatures shall be considered incomplete and invalid and shall not be processed.

13.44.020 Amendments And Rezonings - Investigation Requirement

  1. Upon initiation of an amendment by the City Council, Zoning Commission, or upon application from a property owner, the City shall cause to be made an investigation of facts bearing on such initiation or application as will provide necessary information to assure that the action of each such application is consistent with the intent and purpose of this title. Specifically, the investigation must address the criteria of MCA which are:
  2. Consistency with the City’s growth policy.
  3. Designed to;
    1. Securing safety from fire, panic, and other dangers.
    2. Promote public health, public safety, and the general welfare.
    3. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
  4. Reasonable provision of adequate light and air.
  5. The effect on motorized and non-motorized transportation systems.
  6. Promotion of compatible urban growth.
  7. The character of the district and its particular suitability for particular uses.
  8. Conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area.

13.44.030 Public Hearing Procedures And Requirements

  1. The Zoning Commission shall hold public hearings on proposed amendments and interested parties and citizens shall have an opportunity to comment at the hearing. Notice of the time and place of the hearing shall be published in the local newspaper at least 15 days prior to the hearing.
  2. If the proposed change involves an amendment to the Official Zoning Map notice of the hearing shall be mailed to all property owners within the affected area and all owners of property within 150 feet of the affected area.
  3. After the hearing(s) the Zoning Commission shall make a recommendation to the City Council.
  4. After the Zoning Commission makes its recommendation, the City Council shall hold a public hearing on the issue after giving notice in accordance with the procedures above.
  5. In the case of protest against such changes, signed by the owners of 25 percent or more of either the area of the lots included in any proposed change or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of two-thirds of the present and voting members of the City Council. The provisions of the paragraph below include the ability for an applicant to protest a possible decision to adopt a zoning less than originally requested when the applicant meets the same criteria as other affected landowners.
  6. If the City Council intends to adopt a zoning designation different than that applied for, the hearing will be continued for a minimum of one week to enable the applicant to consider their options and whether to protest the possible action. In the case of a protest against a change to the zoning map by the applicant the same favorable vote of two-thirds of the present and voting members of the City Council is required as for any other protested zoning action.