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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.
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)
Such regulations, restrictions, and boundaries A
regulation, restriction, and boundary may from time to time be amended, supplemented, changed, modified, or repealed.
The provisions of 76-2-303 relative to public hearings and official notice shall 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
In case, however, of a if a protest against such a
change pursuant to subsection (1) is signed by the owners of 20% 25% or more of either of:
(a) the area of the lots included in
such any proposed change; or or
of those lots immediately adjacent in the rear thereof extending 150 feet therefrom from a lot included in a proposed
change or of those adjacent on either side thereof within the same block or of those directly opposite thereof extending 150
feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote
of three-fourths of all the members of the city or town council or legislative body of such municipality."
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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Latest Version of SB 96 (SB0096.ENR)
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