SENATE BILL NO. 423
INTRODUCED BY D. MAHLUM
AN ACT MODIFYING PROCEDURES FOR CONDUCTING A HEARING ON ANNEXATION IN CONJUNCTION WITH A HEARING ON ZONING; 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 a municipality shall provide for the manner in which regulations and restrictions
and the boundaries of districts are determined, established, and enforced, and from time to time amended, supplemented, or
changed, subject to the requirements of subsection (2).
(2) However, a A regulation, restriction, or boundary may not become effective until after a public hearing in relation to
the regulation, restriction, or boundary at which parties in interest and citizens have an opportunity to be heard has been
held. At least 15 days' notice of the time and place of the hearing must be published in an official paper or a paper of
general circulation in the municipality.
(3) (a) 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 proposed municipal zoning
regulations for the annexed property:
(i) authorize a land use uses comparable to the land use uses authorized by county zoning;
(ii) authorize land uses that are consistent with land uses approved by the board of county commissioners or the board of adjustment pursuant to part 1 or 2 of this chapter; or
(iii) are consistent with zoning requirements recommended in the master plan adopted pursuant to chapter 1 of this title for the annexed property.
(b) 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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Latest Version of SB 423 (SB0423.ENR)
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