§ 10-94. Hearing for amendment.

(a)

The town planning and zoning board 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.

(b)

The town clerk shall give public notice of all public hearings to be held before either the planning and zoning board or the town council as provided in MCA 7-1-2121 and MCA 76-2-303.

(c)

Said notice shall specify the number, date, time and place of all scheduled public hearings. It shall state the name and address of the applicant, the name and address of the owner of record of the property, a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road intersection so that the property can be easily identified, and a brief statement of the nature of the hearing.

(d)

In addition to such publication, the town clerk shall post same notice of public hearing on or before the date of the first published notice, on the site in question as well as on one or more additional locations, visible to the general public, within the affected area as deemed appropriate by the town clerk or the zoning administrator.

(e)

Said notice of public hearings shall be made available to all newspapers, radio and television stations serving the jurisdiction for use as a public service announcement.

(f)

Said notice shall be sent by mail, on or before the date of the first published notice, to the applicant and owners of record (or their legal representative) of the subject property as well as to the owners of record of all parcels within 500 feet of the perimeter of the subject property. The number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in determining the 500 feet requirements. Mailed notice shall also provide a map of the area in question so as to indicate the project's general location and proximity to surrounding properties.

(g)

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 removed through no fault of the town, this in no way shall invalidate the legal notice requirement of the scheduled public hearing.

(h)

Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed variance as determined by the building inspector or planning director.

(i)

After such hearing or hearings, the planning and zoning board will make reports and recommendations of said petition or initiation to the town council.

(j)

When the planning and zoning board has recommended an amendment or supplement to this chapter, including a change in the district boundaries, an additional public hearing shall be held by the town council, after public notice, for the purpose of acting upon the ordinance adopting the amendment or supplement. In case, however, of protest against a regulation, restriction or boundary change signed by the owners of 25 percent or more, either of the area of the lots included in such proposed change or of those lots within 150 feet of those lots included in a proposed change, such amendment shall not become effective except upon a favorable vote of two-thirds of the present and voting members of the town council.

(Res. No. 168, § 16.100.030, 3-26-2001; Ord. No. 154, § 2, 1-8-2015)