House Bill No. 421

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act allowing a municipality to hold a hearing on a proposed annexation in conjunction with a hearing on the zoning of the proposed annexation; and amending section

76-2-303, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 76-2-303, MCA, is amended to read:

"76-2-303.   Procedure to administer certain annexations and zoning laws -- hearing and notice. (1) The city or town council or other legislative body of such a municipality shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be are determined, established, and enforced and from time to time amended, supplemented, or changed.

(2)  However, no such a regulation, restriction, or boundary shall may not become effective until after a public hearing in relation thereto to the regulation, restriction, or boundary at which parties in interest and citizens shall have an opportunity to be heard has been held. At least 15 days' notice of the time and place of such the hearing shall must be published in an official paper or a paper of general circulation in such the municipality.

(3) For municipal annexations, a municipality may conduct a hearing on the annexation in conjunction with a hearing on the zoning of the proposed annexation, provided that the municipality continues on the annexed property a land use comparable to the land use authorized by county zoning. A joint hearing authorized under this subsection fulfills a municipality's obligation regarding zoning notice and public hearing for a proposed annexation."

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