Public Review and Comment
The Missoula City Council will hold the final public hearing to review the proposal on Monday, December 17, 2018, starting at 7:00 p.m. at City Council Chambers, 140 Pine Street, Missoula. Public comment will be forwarded to the Missoula City Council in advance of the hearing.
The Missoula Consolidated Planning Board voted on October 30, 2018 to recommend approval of the proposal.
We want to hear from you! Public comments may be shared:
a) In a letter mailed to Development Services;
b) In an email* with a request to be forwarded to the City Council; or
c) In person by attending public hearings. Official protest must follow a specific format – see details below.
Written comments received before the final City Council public hearing will be forwarded to the Council members for their consideration.
How to Protest
City and state laws include a right for affected property owners to protest the proposed ordinances. A supermajority vote (2/3 of those Council members present and voting) may be required if protests are received from owners of 25% or more of:
1. The area of the parcels that are the subject of the proposed change; or
2. The parcels or units, as defined in MCA § 70-23-102, within 150 feet of the parcel that is the subject of the proposed change.
State law (76-2-305 Montana Code Annotated) includes requirements for a zoning protest to be valid and counted in the official tally. The protest must:
- Be signed by all the property owner(s) listed on the official deed records on file with Missoula County. If there are multiple owners listed on the deed, all owners must sign. Please legibly print all signatories' names. If the name cannot be discerned from the signature and matched with official records, the protest may not be counted.
- Include the address(es) and/or legal description(s) of the property(ies)
- Identify what the property owner(s) are protesting.
- Be submitted in writing and mailed or delivered to Development Services, 435 Ryman Street, Missoula, MT 59802 on or before the City Council makes a final decision. The Council can make a final decision at any time after the close of the public hearing (anticipated mid-December)
*Please note that e-mail protests are not valid unless the protest is a scanned attachment containing all signatures. Protests may be filed or withdrawn until the City Council makes a final decision. Only owners inside the affected proposed overlay zoning districts and a buffer of 150 feet (adjacent) will be counted in the official tally. The City will compare the petitions received with the ownership listed on official tax records and other public records to ascertain property ownership and location.
Property owned by a corporation, trust, or other organization
Individuals filing protests on behalf of corporations, trusts, or other organizations that own an eligible property should sign their names, indicate what entity owns the property, and certify that they are authorized by the organization to sign the petition on behalf of the entity listed as the owner on official deed records.
Powers of Attorney/Deceased property owners
In the case where a person is exercising a power of attorney on behalf of a property owner, it is helpful if the person attaches a copy of the power of attorney. Alternatively, if a property owner is deceased, please note that information and the date of death on the protest.
Condominium unit owners
Each unit owner is entitled to have the percentage of the unit owner's undivided interest in the common elements of the condominium, as expressed in the declaration, included in the calculation of the protest.
Public Open House - Review of Proposed District Boundary Maps
Thanks to the people who participated in the recent Open Houses on October 16th.
Please continue to contact our office with any further questions that you may have about the Design Excellence overlay. See above on how to submit a comment.