1. Ordinance 1342 - Text Amendment - Protest Provision - 2nd ReadingREPORT TO:
FROM:
SUBJECT:
City of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
Honorable Mayor and City Council
Chris A. Kukulski, City Manager
Ordinance 1342 - 2nd Reading - Zoning Text Amendment - Zone Change
Protest Provision.
MEETING DATE: December 20, 1999
BACKGROUND: This amendment brings the local ordinance into compliance with the state
statutes which were changed during the 1999 legislative session. Council passed Ordinance 1342
at its first reading December 6th.
RECOMMENDATION: The City Council approve Ordinance 1342 on second reading..
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by Council.
Respectively submitted,
Chris A. Kukulski
City Manager
Report compiled December 17, 1999
ORDINANCE NO. 1342
AN ORDINANCE AMENDING SECTION 27.30.030 OF THE KALISPELL ZONING
ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING THE PROTEST PROVISION
OF A ZONE CHANGE REQUEST IN ORDER TO COMPLY WITH STATE STATUTE, AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Flathead Regional Development Office has submitted a
written request to amend Section 27.30.030 of the
Kalispell Zoning Ordinance, by amending the protest
provision of any zone change request in order to conform
to new state statutes passed during the 1999 Legislative
session, and
WHEREAS, the request was forwarded to the Kalispell City -County
Planning Board and Zoning Commission by the Flathead
Regional Development Office after having been evaluated
under 27.14.030, Kalispell Zoning Ordinance, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell
Zoning Ordinance be amended to reflect the new statutes,
and
WHEREAS, the City Council has reviewed the FRDO Report and the
transmittal from the Kalispell City -County Planning Board
and Zoning Commission and hereby adopts the findings made
in Report #KZTA-99-7 as the Findings of Fact applicable
to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended as
follows:
Section 27.30.030: 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. 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. All property owners within 150 feet of the site of
the proposed zone change shall be notified via the United
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States mail at least 15 days prior to the public hearing.
Names and addresses of adjoining property owners will be
provided to the Flathead Regional Development Office by
the applicant and will be certified by the County Clerk
and Recorder's office or an authorized title company.
After such hearing or hearings, the Zoning Commission
will make reports and recommendations on said petition or
initiation to the city council.
The Zoning Commission shall forward to the city council
its recommendation on the proposed amendment to either
the text or the Zoning District Map. 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. In case, however, of
protest signed against such changes, signed by the owners
of 2--e� 25 percent or more either of the area of the lots
included in such proposed change or of those lots
immediately adjacent on either side thereof within the
block or of those directly opposite thereof extending 150
feet from the street frontage of such opposite lots, such
amendments shall not become effective except by the
favorable vote of thtee fourths two-thirds of aa-a- present
members of the city council.
SECTION II. All parts and portions of Ordinance No. 1175
not amended hereby remain unchanged.
SECTION III. This Ordinance shall take effect thirty (30)
days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS DAY OF , 1999.
Wm E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
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