reglab/housing_qa huggingface dataset:
MT Code § 76-2-211 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-211. Violations and penalties

  76-2-211. Violations and penalties. A violation of this part or any resolution adopted pursuant thereto is a misdemeanor and shall be punishable by a fine not exceeding $500 or imprisonment in the county jail not exceeding 6 months or both.   History: En. Sec. 7, Ch. 246, L. 1963; R.C.M. 1947, 16-4707(part); amd. Sec. 7, Ch. 266, L. 1979.
MT Code § 76-2-212 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-212. Minimum lot size restrictions

  76-2-212. Minimum lot size restrictions. A board of county commissioners may not adopt zoning regulations under this part that require minimum lot sizes in an area zoned for residential use unless:  (1) the zoning regulation requiring minimum lot sizes is applied to land that is within 3 miles of the limits of an incorporated municipality; or   (2) the county has adopted a land use map in its growth policy pursuant to 76-1-601(5) that sets forth projected population densities and recommended minimum lot sizes.   History: En. Sec. 3, Ch. 380, L. 2021.
MT Code § 76-2-213 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-213. through 76-2-215 reserved

  76-2-213 through 76-2-215 reserved.
MT Code § 76-2-216 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-216. Wholly surrounded county property -- change of use -- hearing

  76-2-216. Wholly surrounded county property -- change of use -- hearing. (1) If a county parcel for which zoning regulations have been adopted is wholly surrounded by municipal property and a change of an allowed use in the county zoning district occurs, the county governing body shall notify the municipality and all owners of municipal property within 300 feet of the county property of the change of use.   (2) Upon request of either the municipality or at least 10% of the property owners in the municipality who have received the notice, the county governing body shall hold a hearing on the change of use.   (3) If the county governing body determines, based on testimony provided at the hearing, that the regulations in the county district are no longer as compatible as possible with the municipal zoning ordinances as provided in 76-2-203(3), the county governing body may initiate a revision to the zoning district or amendments to the regulations as provided in this part.   History: En. Sec. 1, Ch. 274, L. 2013.
MT Code § 76-2-217 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-217. through 76-2-219 reserved

  76-2-217 through 76-2-219 reserved.
MT Code § 76-2-220 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-220. Zoning commission -- appointment -- duties

  76-2-220. Zoning commission -- appointment -- duties. (1) For the purpose of providing an optional method of amending any zoning regulations or zoning classification, the county commissioners may appoint a zoning commission to recommend amendments to the zoning regulations and classifications. Such a zoning commission must be composed of at least five citizen members appointed at large from the zoning district. The county commissioners may adopt bylaws for the zoning commission pertaining to the qualifications of the members and such other matters as the commissioners consider necessary.   (2) If a commission is appointed, it shall hold a public hearing to receive relevant testimony. The hearing, which may be held jointly with the hearing by the county commissioners, must be upon at least 15 days' notice of the time and place of the hearing and must be published in the contracted newspaper provided for in 18-7-411 or a newspaper of general circulation in the county. Recommendations of the zoning commission must be submitted to the county commissioners.   History: En. Sec. 1, Ch. 462, L. 1981.
MT Code § 76-2-221 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-221. Board of adjustment

  76-2-221. Board of adjustment. (1) The board of county commissioners shall provide for the appointment of a board of adjustment and in the regulations and restrictions adopted pursuant to the authority of this part shall provide that the board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the zoning resolution in harmony with its general purposes and intent and in accordance with the general or specific rules of this part.   (2) The board of adjustment shall adopt rules in accordance with the provisions of any resolution adopted pursuant to this part. Meetings of the board of adjustment must be held at the call of the presiding officer and at times that the board may determine. The presiding officer or in the presiding officer's absence the acting presiding officer may administer oaths and compel the attendance of witnesses.   History: En. Sec. 6, Ch. 246, L. 1963; R.C.M. 1947, 16-4706(part); amd. Sec. 2512, Ch. 56, L. 2009.
MT Code § 76-2-222 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-222. Membership and term of board members -- vacancies

  76-2-222. Membership and term of board members -- vacancies. (1) The board of adjustment consists of five members, each to be appointed for a term of 2 years and removable for cause by the board of county commissioners upon written charges and after public hearing. The board of county commissioners may designate the same persons to act as members of the board of adjustment for unincorporated portions of the jurisdictional area as may be appointed by the municipality within the jurisdictional area under provisions of 76-2-321 through 76-2-328.   (2) Vacancies must be filled for the unexpired term of any member whose term becomes vacant.   History: En. Sec. 6, Ch. 246, L. 1963; R.C.M. 1947, 16-4706(1); amd. Sec. 1, Ch. 47, L. 1987; amd. Sec. 275, Ch. 42, L. 1997.
MT Code § 76-2-223 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-223. Powers of board of adjustment

  76-2-223. Powers of board of adjustment. (1) The board of adjustment shall have the following powers:   (a) to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this part or of any resolution adopted pursuant thereto;   (b) to hear and decide special exceptions to the terms of the zoning resolution upon which said board is required to pass under such resolution;   (c) to authorize upon appeal in specific cases such variance from the terms of the resolution as will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of the resolution will result in unnecessary hardship and so that the spirit of the resolution shall be observed and substantial justice done.   (2) In exercising the above-mentioned powers, the board of adjustment may, in conformity with the provisions of this part, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.   History: En. Sec. 6, Ch. 246, L. 1963; R.C.M. 1947, 16-4706(5), (6).
MT Code § 76-2-224 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-224. Vote needed for board action

  76-2-224. Vote needed for board action. The concurring vote of three members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official; to decide in favor of the applicant on any matter upon which it is required to pass under any such resolution; or to effect any variation in such resolution.   History: En. Sec. 6, Ch. 246, L. 1963; R.C.M. 1947, 16-4706(7).
MT Code § 76-2-225 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-225. Public access to board activities

  76-2-225. Public access to board activities. (1) All meetings of the board shall be open to the public.   (2) The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.   History: En. Sec. 6, Ch. 246, L. 1963; R.C.M. 1947, 16-4706(part).
MT Code § 76-2-226 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-226. Appeals to board of adjustment

  76-2-226. Appeals to board of adjustment. (1) Appeals to the board of adjustment may be taken by any person or persons, jointly or severally, aggrieved by a decision of the administrative officer or by an officer, department, board, or bureau of the county affected by any decision of the administrative officer. The appeal must be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds of the appeal.   (2) The officer from whom the appeal is taken shall transmit to the board in a timely manner all papers constituting the record upon which the action appealed was taken.   (3) An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed with the officer that by reason of facts stated in the certificate a stay would, in the officer's opinion, cause imminent peril to life or property. In that case, proceedings may not be stayed except by a restraining order, which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.   (4) The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice of the hearing as well as due notice to the parties in interest, and decide the appeal within a reasonable time.   (5) At the hearing, a party may appear in person or by the party's attorney.   History: En. Sec. 6, Ch. 246, L. 1963; R.C.M. 1947, 16-4706(3), (4); amd. Sec. 2513, Ch. 56, L. 2009; amd. Sec. 1, Ch. 171, L. 2015.
MT Code § 76-2-228 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-228. Awarding of costs upon appeal from board decision

  76-2-228. Awarding of costs upon appeal from board decision. Costs may not be allowed against the board of county commissioners or the board of adjustment unless it appears to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.   History: En. Sec. 6, Ch. 246, L. 1963; R.C.M. 1947, 16-4706(12); amd. Sec. 3, Ch. 171, L. 2015.
MT Code § 76-2-229 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-229. Referendum to terminate zoning district

  76-2-229. Referendum to terminate zoning district. (1) Real property owners in a zoning district may petition the board of county commissioners to submit a referendum to the registered electors residing in the zoning district to terminate the zoning district. The petition must be in writing and contain the signatures and addresses of 20% or more of the real property owners in the zoning district. The petition requesting a referendum for the termination of a zoning district must be delivered to the county clerk and recorder, who shall endorse on it the date when the petition was received and validate the signatures within 60 days of receipt of the petition. If the petition contains valid signatures of at least 20% of the real property owners within the zoning district, the county clerk and recorder shall notify the county commissioners.  (2) On receipt of a valid petition described in subsection (1), the county commissioners shall submit the referendum to the registered electors residing in the district in an election conducted pursuant to Title 13, chapter 1, part 5.   History: En. Sec. 1, Ch. 380, L. 2021.
MT Code § 76-2-230 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-230. through 76-2-239 reserved

  76-2-230 through 76-2-239 reserved.
MT Code § 76-2-240 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-240. Effect on amateur radio antenna

  76-2-240. Effect on amateur radio antenna. A resolution or rule adopted pursuant to this part may not:   (1) prevent the erection of an amateur radio antenna at heights and dimensions sufficient to accommodate amateur radio service communications by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States; or   (2) establish a maximum height limit for an amateur radio antenna of less than 100 feet above the ground.   History: En. Sec. 3, Ch. 56, L. 2013.
MT Code § 76-2-301 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-301. Municipal zoning authorized

  76-2-301. Municipal zoning authorized. For the purpose of promoting health, safety, morals, or the general welfare of the community, the city or town council or other legislative body of cities and incorporated towns is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.   History: En. Sec. 1, Ch. 136, L. 1929; re-en. Sec. 5305.1, R.C.M. 1935; R.C.M. 1947, 11-2701.
MT Code § 76-2-302 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-302. Zoning districts

  76-2-302. Zoning districts. (1) For the purposes of 76-2-301, the local city or town council or other legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes of this part. Within the districts, it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land.  (2) All regulations must be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.   (3) In a proceeding for a permit or variance to place manufactured housing within a residential zoning district, there is a rebuttable presumption that placement of a manufactured home will not adversely affect property values of conventional housing.   (4) As used in this section, "manufactured housing" means a single-family dwelling, built offsite in a factory on or after January 1, 1990, that is placed on a permanent foundation, is at least 1,000 square feet in size, has a pitched roof and siding and roofing materials that are customarily, as defined by local regulations, used on site-built homes, and is in compliance with the applicable prevailing standards of the United States department of housing and urban development at the time of its production. A manufactured home does not include a mobile home or housetrailer, as defined in 15-1-101.   (5) This section may not be construed to limit conditions imposed in historic districts, local design review standards, existing covenants, or the ability to enter into covenants pursuant to Title 70, chapter 17, part 2.   (6) Zoning regulations may not include a requirement to:   (a) pay a fee for the purpose of providing housing for specified income levels or at specified sale prices; or   (b) dedicate real property for the purpose of providing housing for specified income levels or at specified sale prices.   (7) A dedication of real property as prohibited in subsection (6)(b) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices.   History: En. Sec. 2, Ch. 136, L. 1929; re-en. Sec. 5305.2, R.C.M. 1935; amd. Sec. 1, Ch. 273, L. 1971; amd. Sec. 1, Ch. 354, L. 1973; R.C.M. 1947, 11-2702(1); amd. Sec. 2, Ch. 505, L. 1993; amd. Sec. 276, Ch. 42, L. 1997; amd. Sec. 237, Ch. 542, L. 2005; amd. Sec. 5, Ch. 249, L. 2021.
MT Code § 76-2-303 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-303. Procedure to administer certain annexations and zoning laws -- hearing and notice

  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, enforced, and changed, subject to the requirements of subsection (2).   (2) 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 if the proposed municipal zoning regulations for the annexed property:   (i) authorize land uses comparable to the land 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 Title 76, chapter 2, part 1 or 2; or   (iii) are consistent with zoning requirements recommended in a growth policy adopted pursuant to Title 76, chapter 1, for the annexed property.   (b) A joint hearing authorized under this subsection (3) fulfills a municipality's obligation regarding zoning notice and public hearing for a proposed annexation.   History: En. Sec. 4, Ch. 136, L. 1929; re-en. Sec. 5305.4, R.C.M. 1935; R.C.M. 1947, 11-2704; amd. Sec. 1, Ch. 217, L. 1997; amd. Sec. 1, Ch. 355, L. 1999; Sec. 34, Ch. 582, L. 1999; amd. Sec. 5, Ch. 87, L. 2003; amd. Sec. 40, Ch. 19, L. 2011.
MT Code § 76-2-304 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-304. Criteria and guidelines for zoning regulations

  76-2-304. Criteria and guidelines for zoning regulations. (1) Zoning regulations must be:   (a) made in accordance with a growth policy; and   (b) designed to:   (i) secure safety from fire and other dangers;   (ii) promote public health, public safety, and the general welfare; and   (iii) facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.   (2) In the adoption of zoning regulations, the municipal governing body shall consider:   (a) reasonable provision of adequate light and air;   (b) the effect on motorized and nonmotorized transportation systems;   (c) promotion of compatible urban growth;   (d) the character of the district and its peculiar suitability for particular uses; and   (e) conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area.   History: En. Sec. 3, Ch. 136, L. 1929; re-en. Sec. 5305.3, R.C.M. 1935; R.C.M. 1947, 11-2703; amd. Sec. 17, Ch. 582, L. 1999; amd. Sec. 6, Ch. 87, L. 2003; amd. Sec. 11, Ch. 446, L. 2009.
MT Code § 76-2-305 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-305. Alteration of zoning regulations -- protest

  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 or units, as defined in 70-23-102, 150 feet from a lot included in a proposed change.   (3) (a) For purposes of subsection (2), 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. If the property, as defined in 70-23-102, spans more than one lot, the percentage of the unit owner's undivided interest in the common elements must be multiplied by the total number of lots upon which the property is located.   (b) The percentage of the unit owner's undivided interest must be certified as correct by the unit owner seeking to protest a change pursuant to subsection (2) or by the presiding officer of the association of unit owners.   History: En. Sec. 5, Ch. 136, L. 1929; re-en. Sec. 5305.5, R.C.M. 1935; amd. Sec. 1, Ch. 161, L. 1969; R.C.M. 1947, 11-2705; amd. Sec. 1, Ch. 492, L. 1999; amd. Sec. 1, Ch. 88, L. 2011.
MT Code § 76-2-306 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-306. Interim zoning ordinances

  76-2-306. Interim zoning ordinances. (1) Except as provided in 76-2-340, the city or town council or other legislative body of the municipality, to protect the public safety, health, and welfare and without following the procedures otherwise required prior to the adoption of a zoning ordinance, may adopt as an urgency measure an interim zoning ordinance prohibiting any uses that may be in conflict with a contemplated zoning proposal that the legislative body is considering or studying or intends to study within a reasonable time.   (2) An interim zoning ordinance may be applicable only within the city limits and up to 1 mile beyond the corporate boundaries of the city or town and takes effect upon passage if a hearing is first held upon notice reasonably designed to inform all affected parties. A notice must be published in a newspaper of general circulation at least 7 days before the hearing.   (3) An interim zoning ordinance is no longer in effect 6 months from the date of its adoption. However, after notice pursuant to 76-2-303 and pursuant to public hearing, the legislative body may extend the interim zoning ordinance for 1 year. Any extension requires a two-thirds vote for passage and becomes effective upon passage. No more than two extensions may be adopted.   History: En. 11-2711 by Sec. 1, Ch. 488, L. 1975; R.C.M. 1947, 11-2711; amd. Sec. 6, Ch. 56, L. 2013.