AN ACT MODIFYING PROVISIONS GOVERNING PROTEST OF CHANGES TO MUNICIPAL ZONING REGULATIONS; AND AMENDING SECTION 76-2-305, MCA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 76-2-305, MCA, is amended to read:

"76-2-305. Alteration of zoning regulations -- protest. (1) A regulation, restriction, and boundary may be amended, supplemented, changed, modified, or repealed. The provisions of 76-2-303 relative to public hearings and official notice apply equally to all changes or amendments.

(2) An amendment may not become effective except upon a favorable vote of two-thirds of the present and voting members of the city or town council or legislative body of the municipality if a protest against a change pursuant to subsection (1) is signed by the owners of 25% or more of :

(a) the area of the lots included in any proposed change; or

(b) those lots 150 feet from a lot included in a proposed change ."

Section 2. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].

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I hereby certify that the within bill,

SB 0096, originated in the Senate.

Secretary of the Senate

President of the Senate

Signed this	day

of	, .

Speaker of the House

Signed this	day

of	, .

SENATE BILL NO. 96

INTRODUCED BY S. STANG, V. COCCHIARELLA, L. GROSFIELD

BY REQUEST OF THE ENVIRONMENTAL QUALITY COUNCIL

AN ACT MODIFYING PROVISIONS GOVERNING PROTEST OF CHANGES TO MUNICIPAL ZONING REGULATIONS; AND AMENDING SECTION 76-2-305, MCA.