Whitehall City Zoning Code

ARTICLE XIII

NOTICING

Sec. 42-241.- Purpose.

It is the intent of this chapter to provide for adequate notice of governmental actions to those affected by such actions. Notice is required in order for citizens to participate in decision making which affects their interests and provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision maker. In establishing standards for providing such notice, the need for expeditious processing of applications is also recognized.

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

Sec. 42-242. - Contents of notice.

(a)

The following elements shall be included in notices issued pursuant to this chapter:

(1)

Address of the property, or its location by approximate distances from the nearest major street intersections, or other description to identify the affected property.

(2)

Legal description of the property.

(3)

The name and address of the applicant.

(4)

The name and address of the owner of record.

(5)

The number, date, time and place of all relevant scheduled public hearings by the town council, meetings of other review bodies established by this chapter at which final decisions shall be made, or the date of any final public comment deadline.

(6)

A description of how and where additional information regarding the action may be obtained; and

(7)

A brief description of the subject of the notice.

(b)

The applicant shall provide for the purposes of noticing a list of names and addresses of property owners within 150 feet of the site, using the most current known property owners of record as shown in the records of the county clerk and recorder's office and stamped, unsealed envelopes (with no return address) addressed with names of above property owners, and/or labels with the names of the above property owners, as specified on the appropriate application.

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

Sec. 42-243. - Notice requirements for application processing.

(a)

The following minimum standards for timing, location of noticing area and type of notice shall be provided. Noticing provisions are cumulative with the maximum combination of noticing requirements being provided. When more than one newspaper notice is required, only one of the required publication dates must fall within the minimum and maximum days required.

(b)

If for some reason a required property owner fails to receive mail notification of a scheduled public hearing, or if one or more of the required posted signs in the area or on the site for which the public hearing is being held is inadvertently moved through no fault of the town, this in no way shall invalidate the legal notice requirements of the scheduled public hearing.

Table 13-1
Application	Minimum Days ³	Maximum Days ³	Distance ¹	Notice Type
Text Amendment	15	45	NA	Newspaper once ⁴
ZMA	15	45	150 ft.	Newspaper once ⁴
ZMA - Resulting from ordinance changes	15	45	NA	Newspaper once ⁴
ZMA - Annexation w/initial zoning	15	45	150 ft.	Newspaper once ⁴
Variance	15	45	NA	Newspaper 2 times ⁵
Public Agency Exemption (76-2-402)	15	45	NA	Newspaper 2 times ⁵
Appeals ²	15	45	150 ft.	Newspaper 2 times, mail 1st class ²
Sketch Plan	None	None	NA	None
Informal Review	None	None	NA	None
Site Plan	None	None	NA	None
CUP	15	45	NA	Newspaper 2 times ⁵
Notice of Violation ⁶	15	45	None	Post on-site, certified mail to landowner
¹ The distance from the exterior property boundary of the site to all or part of another parcel of land whose owners must be notified of a governmental action. This distance includes the width of a right-of-way or other public ownership.
² In accordance with, MCA, notice must be given in the newspaper two times at least six days apart, and in accordance with, MCA, mailing only applies to parties in interest of appeals taken from actions to approve, approve with conditions or deny a development proposal and not to appeals of administrative interpretations.
³ Days prior to the public hearing.
⁴ In accordance with., MCA, notice must be given in the newspaper once.
⁵ In accordance with MCA, notice must be given in the newspaper two times at least six days apart.
⁶ Notices of Violation subject to Chapter 11 of this chapter.

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

Whitehall City Zoning Code

ARTICLE XIII

NOTICING

Sec. 42-241.- Purpose.

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

Sec. 42-242. - Contents of notice.

(a)

The following elements shall be included in notices issued pursuant to this chapter:

(1)

Address of the property, or its location by approximate distances from the nearest major street intersections, or other description to identify the affected property.

(2)

Legal description of the property.

(3)

The name and address of the applicant.

(4)

The name and address of the owner of record.

(5)

(6)

A description of how and where additional information regarding the action may be obtained; and

(7)

A brief description of the subject of the notice.

(b)

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

Sec. 42-243. - Notice requirements for application processing.

(a)

(b)

Table 13-1
Application	Minimum Days ³	Maximum Days ³	Distance ¹	Notice Type
Text Amendment	15	45	NA	Newspaper once ⁴
ZMA	15	45	150 ft.	Newspaper once ⁴
ZMA - Resulting from ordinance changes	15	45	NA	Newspaper once ⁴
ZMA - Annexation w/initial zoning	15	45	150 ft.	Newspaper once ⁴
Variance	15	45	NA	Newspaper 2 times ⁵
Public Agency Exemption (76-2-402)	15	45	NA	Newspaper 2 times ⁵
Appeals ²	15	45	150 ft.	Newspaper 2 times, mail 1st class ²
Sketch Plan	None	None	NA	None
Informal Review	None	None	NA	None
Site Plan	None	None	NA	None
CUP	15	45	NA	Newspaper 2 times ⁵
Notice of Violation ⁶	15	45	None	Post on-site, certified mail to landowner
¹ The distance from the exterior property boundary of the site to all or part of another parcel of land whose owners must be notified of a governmental action. This distance includes the width of a right-of-way or other public ownership.
² In accordance with, MCA, notice must be given in the newspaper two times at least six days apart, and in accordance with, MCA, mailing only applies to parties in interest of appeals taken from actions to approve, approve with conditions or deny a development proposal and not to appeals of administrative interpretations.
³ Days prior to the public hearing.
⁴ In accordance with., MCA, notice must be given in the newspaper once.
⁵ In accordance with MCA, notice must be given in the newspaper two times at least six days apart.
⁶ Notices of Violation subject to Chapter 11 of this chapter.

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

Whitehall City Zoning Code

ARTICLE XIII

NOTICING

Sec. 42-241.- Purpose.

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

Sec. 42-242. - Contents of notice.

(a)

The following elements shall be included in notices issued pursuant to this chapter:

(1)

Address of the property, or its location by approximate distances from the nearest major street intersections, or other description to identify the affected property.

(2)

Legal description of the property.

(3)

The name and address of the applicant.

(4)

The name and address of the owner of record.

(5)

(6)

A description of how and where additional information regarding the action may be obtained; and

(7)

A brief description of the subject of the notice.

(b)

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

Sec. 42-243. - Notice requirements for application processing.

(a)

(b)

Table 13-1
Application	Minimum Days ³	Maximum Days ³	Distance ¹	Notice Type
Text Amendment	15	45	NA	Newspaper once ⁴
ZMA	15	45	150 ft.	Newspaper once ⁴
ZMA - Resulting from ordinance changes	15	45	NA	Newspaper once ⁴
ZMA - Annexation w/initial zoning	15	45	150 ft.	Newspaper once ⁴
Variance	15	45	NA	Newspaper 2 times ⁵
Public Agency Exemption (76-2-402)	15	45	NA	Newspaper 2 times ⁵
Appeals ²	15	45	150 ft.	Newspaper 2 times, mail 1st class ²
Sketch Plan	None	None	NA	None
Informal Review	None	None	NA	None
Site Plan	None	None	NA	None
CUP	15	45	NA	Newspaper 2 times ⁵
Notice of Violation ⁶	15	45	None	Post on-site, certified mail to landowner
¹ The distance from the exterior property boundary of the site to all or part of another parcel of land whose owners must be notified of a governmental action. This distance includes the width of a right-of-way or other public ownership.
² In accordance with, MCA, notice must be given in the newspaper two times at least six days apart, and in accordance with, MCA, mailing only applies to parties in interest of appeals taken from actions to approve, approve with conditions or deny a development proposal and not to appeals of administrative interpretations.
³ Days prior to the public hearing.
⁴ In accordance with., MCA, notice must be given in the newspaper once.
⁵ In accordance with MCA, notice must be given in the newspaper two times at least six days apart.
⁶ Notices of Violation subject to Chapter 11 of this chapter.

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