Bill Summary – FastDemocracy

                                         Unofficial Draft Copy - To Legal Review
****                                               As of: 11/23/2024, 03:47:22
69th Legislature 2025                              Drafter: Toni Henneman, ****                                      LC 0014
                                                    **** BILL NO. ****
                                                 INTRODUCED BY ****
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING THE PROCEDURE FOR A BOARD OF COUNTY
  COMMISSIONERS TO ADOPT OR AMEND ZONING REGULATIONS; REQUIRING A PUBLIC MEETING BE
  NOTICED AND HELD BEFORE A BOARD OF COUNTY COMMISSIONERS MAY ADOPT A RESOLUTION
  TO AMEND A ZONING REGULATION; AND AMENDING SECTION 76-2-205, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 76-2-205, MCA, is amended to read:
          "76-2-205.    Procedure for adoption of regulations and boundaries. (1) The board of county
  commissioners shall observe the following procedures in the establishment or revision of described in
  subsection (2) through (8) when establishing or revising boundaries for zoning districts and in the adoption or
  amendment of when adopting or amending zoning regulations:.
          (1)(2)    (a) Notice of a public hearing on the proposed zoning district boundaries and of regulations for
  the zoning district must state:
          (a)       state:
          (i)       the boundaries of the proposed district;
          (ii)      the general character of the proposed zoning regulations;
          (iii)     the time and place of the public hearing;
          (iv)      that the proposed zoning regulations are on file for public inspection at the office of the county
  clerk and recorder;
          (b)       The notice must be:
          (i)       posted not less than 45 days before the public hearing in at least five public places, including
  but not limited to public buildings and adjacent to public rights-of-way, within the proposed district; and
          (c)(ii)   be published once a week for 2 weeks in a newspaper of general circulation within the county.
          (2)(3)    At the public hearing, the board of county commissioners shall give the public an opportunity to
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                                        Unofficial Draft Copy - To Legal Review
****                                               As of: 11/23/2024, 03:47:22
69th Legislature 2025                              Drafter: Toni Henneman, ****                                     LC 0014
  be heard regarding the proposed zoning district and regulations.
           (3)(4)   After the public hearing, the board of county commissioners shall review the proposals of the
  planning board and shall make any revisions or amendments that it determines to be proper.
           (4)(5)   The board of county commissioners may pass a resolution of intention to create a zoning
  district and to adopt zoning regulations for the district.
           (5)(6)   The board of county commissioners shall publish notice of passage of the resolution of
  intention once a week for 2 weeks in a newspaper of general circulation within the county. The notice must
  state:
           (a)      the boundaries of the proposed district;
           (b)      the general character of the proposed zoning regulations;
           (c)      that the proposed zoning regulations are on file for public inspection at the office of the county
  clerk and recorder; and
           (d)      that for 30 days after first publication of this notice, the board of county commissioners will
  receive written comments on the creation of the zoning district or to the zoning regulations from persons owning
  real property within the district whose names appear on the last-completed assessment roll of the county.
           (6)(7)   Within 30 days after the expiration of the comment period, the board of county commissioners
  may in its discretion adopt the resolution creating the zoning district or establishing the zoning regulations for
  the district.
           (8)      (a) When amending a zoning regulation, the board of county commissioners shall provide
  notice of a public hearing on the proposed amendment to the zoning district regulation.
           (b)      The notice must state:
           (i)      the specific changes to the regulation;
           (ii)     the time and place of the public hearing;
           (iii)    that the original zoning regulation and any proposed amendment to the zoning regulation are
  on file for public inspection at the office of the county clerk and recorder;
           (c)      The notice must be:
           (i)      posted no less than 15 days before the public hearing; and
           (ii)     published once a week for 2 weeks in a newspaper of general circulation within the county.
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                                       Unofficial Draft Copy - To Legal Review
****                                              As of: 11/23/2024, 03:47:22
69th Legislature 2025                             Drafter: Toni Henneman, ****                                LC 0014
          (d)        The board of county commissioners may adopt a resolution amending the resolution after the
  public hearing."
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