(a)

The town council may, from time to time, amend, supplement or change the zoning district maps appertaining to this chapter. An amendment, supplement or change may be initiated by the town council or upon application from an owner of property within the town.

(b)

The town council may upon a vote of a majority of its members direct the initiation of an amendment to the zoning map.

(c)

Whenever the property owner of any land or building desires reclassification on his/her property, they may file with the town an application requesting an amendment or change of regulations prescribed for such property. When the application, bearing property owner' signatures, is filed with the department 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.

(d)

Whenever an owner of any land within the town 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 town 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 town 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.

(Amendment of 8-12-2024(1))

(a)

Upon initiation of an amendment by the town council or upon application from a property owner, the town 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 chapter. Specifically, the investigation must address the criteria of MCA which are:

(b)

Consistency with the town's growth policy.

(c)

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.

(d)

Reasonable provision of adequate light and air.

(e)

The effect on motorized and non-motorized transportation systems.

(f)

Promotion of compatible urban growth.

(g)

The character of the district and its particular suitability for particular uses.

(h)

Conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area.

(Amendment of 8-12-2024(1))

(a)

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 town council. The provisions of the subsection 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.

(b)

If the town 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 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 town council is required as for any other protested zoning action.

(Amendment of 8-12-2024(1))