76-2-106. Adoption of development district. (1) Adoption by the planning and zoning commission of the development district or any change therein may be in whole or in part but must be by the affirmative vote of the majority of the whole commission, provided, however, that prior to any such adoption, a public hearing shall have been held not less than 15 days after notice thereof shall have been posted in at least three public places within the area affected.
(2) The resolution adopting the district or any part or parts covering one or more of the functional elements which may be included within the district shall refer expressly to the maps, charts, and descriptive matters forming the pattern or part thereof. The board of county commissioners shall have the power to authorize such variance from the recommendations of the planning commission as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the decision of the planning and zoning commission will result in unnecessary hardship.
History: En. Sec. 3, Ch. 154, L. 1953; R.C.M. 1947, 16-4103.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 2. Planning and Zoning
Part 1. County Planning and Zoning Commission
76-2-101. Planning and zoning commission and district
76-2-102. Organization and operation of commission
76-2-103. Powers of commission and employees
76-2-105. Continuation of prior nonconforming uses
76-2-106. Adoption of development district
76-2-107. Preparation of resolutions and other materials
76-2-109. Effect on natural resources
76-2-111. Cooperation by public agencies with commission
76-2-112. Effect on powers of incorporated communities to plan adjacent areas
76-2-113. Enforcement of zoning provisions
76-2-114. Housing fees and dedication of real property prohibited
76-2-115. and 76-2-116 reserved
76-2-117. Addition of territory adjacent to existing planning and zoning district