reglab/housing_qa huggingface dataset:
MT Code § 76-2-307 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-307. Zoning commission

  76-2-307. Zoning commission. In order to avail itself of the powers conferred by this part, except 76-2-306, the city or town council or other legislative body shall appoint a commission, to be known as the zoning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and such city or town council or other legislative body shall not hold its public hearings or take action until it has received the final report of such commission.   History: En. Sec. 6, Ch. 136, L. 1929; re-en. Sec. 5305.6, R.C.M. 1935; R.C.M. 1947, 11-2706.
MT Code § 76-2-308 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-308. Enforcement of zoning regulations and ordinances

  76-2-308. Enforcement of zoning regulations and ordinances. (1) The city or town council or other legislative body may provide by ordinance for the enforcement of this part and of any regulation or ordinance made thereunder.   (2) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this part or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct, or abate such violation; to prevent the occupancy of such building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises.   History: En. Sec. 8, Ch. 136, L. 1929; re-en. Sec. 5305.8, R.C.M. 1935; R.C.M. 1947, 11-2708(part); amd. Sec. 8, Ch. 266, L. 1979.
MT Code § 76-2-309 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-309. Conflict with other laws

  76-2-309. Conflict with other laws. (1) Wherever the regulations made under authority of this part require a greater width or size of yards, courts, or other open spaces; require a lower height of building or less number of stories; require a greater percentage of lot to be left unoccupied; or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of this part shall govern.   (2) Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces; require a lower height of building or a less number of stories; require a greater percentage of lot to be left unoccupied; or impose other higher standards than are required by the regulations made under authority of this part, the provisions of such statute or local ordinance or regulation shall govern.   History: En. Sec. 9, Ch. 136, L. 1929; re-en. Sec. 5305.9, R.C.M. 1935; R.C.M. 1947, 11-2709.
MT Code § 76-2-310 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-310. Extension of municipal zoning and subdivision regulations beyond municipal boundaries

  76-2-310. Extension of municipal zoning and subdivision regulations beyond municipal boundaries. (1) Except as provided in 76-2-312 and except in locations where a county has adopted zoning or subdivision regulations, a city or town council or other legislative body that has adopted a growth policy pursuant to chapter 1 for the area to be affected by the regulations may extend the application of its zoning or subdivision regulations beyond its limits in any direction subject to the following limits:   (a) up to 3 miles beyond the limits of a city of the first class as defined in 7-1-4111;   (b) up to 2 miles beyond the limits of a city of the second class; and   (c) up to 1 mile beyond the limits of a city or town of the third class.   (2) When two or more noncontiguous cities have boundaries so near to one another as to create an area of potential conflict in the event that all cities concerned should exercise the full powers conferred by 76-2-302, 76-2-311, and this section, then the extension of zoning or subdivision regulations, or both, by these cities must terminate at a boundary line agreed upon by the cities.   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(part); amd. Sec. 18, Ch. 582, L. 1999; amd. Sec. 9, Ch. 599, L. 2003.
MT Code § 76-2-311 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-311. Administration of regulations in extended area

  76-2-311. Administration of regulations in extended area. (1) A city or town council or other legislative body may enforce regulations adopted pursuant to 76-2-310, as if the property were situated within its corporate limits, until the county board adopts a growth policy pursuant to chapter 1 and accompanying zoning or subdivision resolutions that include the area.   (2) As a prerequisite to the exercise of this power, a city-county planning board whose jurisdictional area includes the area to be regulated must be formed or an existing city planning board must be increased to include two representatives from the unincorporated area that is to be affected. These representatives must be appointed by the board of county commissioners. Representation must cease when the county board adopts a growth policy pursuant to chapter 1 and accompanying zoning or subdivision resolutions that include the area.   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(part); amd. Sec. 19, Ch. 582, L. 1999.
MT Code § 76-2-312 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-312. Exclusion for commission-manager plan municipalities

  76-2-312. Exclusion for commission-manager plan municipalities. A city or town which has as its plan of government the commission-manager plan shall be excluded from the provisions of 76-2-310 and 76-2-311 which define extraterritorial authority to review proposed subdivisions.   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(part).
MT Code § 76-2-313 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-313. Renumbered 76-2-411

  76-2-313. Renumbered 76-2-411. Code Commissioner, 1983.
MT Code § 76-2-314 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-314. Renumbered 76-2-412

  76-2-314. Renumbered 76-2-412. Code Commissioner, 1983.
MT Code § 76-2-315 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-315. Violations and penalties

  76-2-315. Violations and penalties. (1) A violation of this part or of such ordinance or regulation made pursuant to 76-2-308(1) is a misdemeanor, and such city or town council or other legislative body may provide for the punishment thereof by fine or imprisonment or both.   (2) It is also empowered to provide civil penalties for such violation.   History: En. Sec. 8, Ch. 136, L. 1929; re-en. Sec. 5305.8, R.C.M. 1935; R.C.M. 1947, 11-2708(part); amd. Sec. 9, Ch. 266, L. 1979.
MT Code § 76-2-316 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-316. through 76-2-320 reserved

  76-2-316 through 76-2-320 reserved.
MT Code § 76-2-321 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-321. Board of adjustment

  76-2-321. Board of adjustment. (1) A city or town council or other legislative body may provide for the appointment of a board of adjustment and in the regulations and restrictions adopted pursuant to the authority of this part may 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 ordinance in harmony with its general purposes and intent and in accordance with the general or specific rules contained in the ordinance.   (2) An ordinance adopted pursuant to this section providing for a board of adjustment may restrict the authority of the board and provide that the city or town council or other legislative body reserves to itself the power to make certain exceptions to regulations, ordinances, or land use plans adopted pursuant to this part.   (3) The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this part. Meetings of the board must be held at the call of the presiding officer and at other 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. 7, Ch. 136, L. 1929; re-en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(part); amd. Sec. 2515, Ch. 56, L. 2009.
MT Code § 76-2-322 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-322. Membership and term of board members -- vacancies

  76-2-322. Membership and term of board members -- vacancies. (1) The board of adjustment shall consist of not less than five or more than seven members to be appointed for a term to be specified by the city or town council or other legislative body or, if no term is specified, then for a term of 3 years. A member is removable for cause by the appointing authority upon written charges and after public hearing.   (2) Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.   History: En. Sec. 7, Ch. 136, L. 1929; re-en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(1); amd. Sec. 1, Ch. 67, L. 1985; amd. Sec. 1, Ch. 110, L. 1987.
MT Code § 76-2-323 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-323. Powers of board of adjustment

  76-2-323. 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 ordinance adopted pursuant thereto;   (b) to hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance;   (c) to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done.   (2) In exercising the above-mentioned powers, such board 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. 7, Ch. 136, L. 1929; re-en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(5), (6).
MT Code § 76-2-324 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-324. Vote needed for board action

  76-2-324. Vote needed for board action. The concurring vote of four 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 ordinance; or to effect any variation in such ordinance.   History: En. Sec. 7, Ch. 136, L. 1929; re-en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(7).
MT Code § 76-2-325 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-325. Public access to board activities

  76-2-325. 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. 7, Ch. 136, L. 1929; re-en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(part).
MT Code § 76-2-326 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-326. Appeals to board of adjustment

  76-2-326. Appeals to board of adjustment. (1) Appeals to the board of adjustment may be taken by a person aggrieved or by an officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. An 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, in a timely manner, transmit to the board 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, any party may appear in person or by the party's attorney.   History: En. Sec. 7, Ch. 136, L. 1929; re-en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(3), (4); amd. Sec. 2516, Ch. 56, L. 2009.
MT Code § 76-2-327 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-327. Appeals from board to court of record

  76-2-327. Appeals from board to court of record. (1) Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department, board, or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be presented to the court within 30 days after the filing of the decision in the office of the board.   (2) Upon the presentation of the petition, the court may allow a writ of certiorari directed to the board of adjustment to review the decision of the board of adjustment and shall prescribe in the writ the time within which a return must be made and served upon the relator's attorney, which may not be less than 10 days and may be extended by the court. The allowance of the writ does not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board, and on due cause shown, grant a restraining order. The board of adjustment may not be required to return the original papers acted upon by it, but it is sufficient to return certified or sworn copies of the original papers or of portions of the original papers that may be called for by the writ. The return must concisely set forth other facts that may be pertinent and material to show the grounds of the decision appealed from and must be verified.   (3) If, upon the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence that it may direct and report the evidence to the court with the referee's findings of fact and conclusions of law, which constitute a part of the proceedings upon which the determination of the court must be made.   (4) The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.   History: En. Sec. 7, Ch. 136, L. 1929; re-en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(8) thru (11); amd. Sec. 2517, Ch. 56, L. 2009.
MT Code § 76-2-328 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-328. Awarding of costs upon appeal from board decision

  76-2-328. Awarding of costs upon appeal from board decision. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.   History: En. Sec. 7, Ch. 136, L. 1929; re-en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(12).
MT Code § 76-2-329 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-329. through 76-2-339 reserved

  76-2-329 through 76-2-339 reserved.
MT Code § 76-2-340 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 3. Municipal Zoning|76-2-340. Effect on amateur radio antenna

  76-2-340. 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. 4, Ch. 56, L. 2013.
MT Code § 76-2-401 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 4. Application to Governmental Agencies Group and Foster Homes|76-2-401. Definitions

  76-2-401. Definitions. As used in 76-2-402, the following definitions apply:   (1) "Agency" means a board, bureau, commission, department, an authority, or other entity of state or local government.   (2) "Local zoning regulations" means zoning regulations adopted pursuant to Title 76, chapter 2.   History: En. Sec. 1, Ch. 397, L. 1981.
MT Code § 76-2-402 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 4. Application to Governmental Agencies Group and Foster Homes|76-2-402. Local zoning regulations -- application to agencies

  76-2-402. Local zoning regulations -- application to agencies. (1) Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing must be held and the agency shall attend the public hearing.  (2) The local governing body shall hold a hearing within 30 days of the date the agency gives notice to the local governing body of its intent to develop land contrary to local zoning regulations.   History: En. Sec. 2, Ch. 397, L. 1981; amd. Sec. 1, Ch. 362, L. 2021.
MT Code § 76-2-403 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 4. Application to Governmental Agencies Group and Foster Homes|76-2-403. through 76-2-410 reserved

  76-2-403 through 76-2-410 reserved.
MT Code § 76-2-411 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 4. Application to Governmental Agencies Group and Foster Homes|76-2-411. Definition of community residential facility

  76-2-411. Definition of community residential facility. "Community residential facility" means:   (1) a community group home for developmentally, mentally, or severely disabled persons that does not provide skilled or intermediate nursing care;   (2) a youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program, or youth group home as defined in 52-2-602;   (3) a halfway house operated in accordance with regulations of the department of public health and human services for the rehabilitation of alcoholics or drug dependent persons;   (4) a licensed adult foster family care home; or   (5) an assisted living facility licensed under 50-5-227.   History: En. Sec. 1, Ch. 350, L. 1973; amd. Sec. 1, Ch. 129, L. 1974; amd. Sec. 6, Ch. 364, L. 1975; R.C.M. 1947, 11-2702.1; MCA 1981, 76-2-313; redes. 76-2-411 by Code Commissioner, 1983; amd. Sec. 28, Ch. 465, L. 1983; amd. Sec. 1, Ch. 309, L. 1985; amd. Sec. 9, Ch. 514, L. 1987; amd. Sec. 236, Ch. 418, L. 1995; amd. Sec. 545, Ch. 546, L. 1995; amd. Secs. 1, 2, Ch. 400, L. 2003; amd. Sec. 31, Ch. 504, L. 2003.