reglab/housing_qa huggingface dataset:
MT Code § 76-2-104 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 1. County Planning and Zoning Commission|76-2-104. Development pattern

  76-2-104. Development pattern. (1) For the purpose of furthering the health, safety, and general welfare of the people of the county, the county planning and zoning commission hereby is empowered and it shall be its duty to make and adopt a development pattern for the physical and economic development of the planning and zoning district.   (2) Such development pattern, with the accompanying maps, plats, charts, and descriptive matter, shall show the planning and zoning commission's recommendations for the development of the districts, within some of which it shall be lawful and within others of which it shall be unlawful to erect, construct, alter, or maintain certain buildings or to carry on certain trades, industries, or callings or within which the height and bulk of future buildings and the area of the yards, courts, and other open spaces and the future uses of the land or buildings shall be limited and future building setback lines shall be established.   History: En. Sec. 2, Ch. 154, L. 1953; R.C.M. 1947, 16-4102(part).
MT Code § 76-2-105 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 1. County Planning and Zoning Commission|76-2-105. Continuation of prior nonconforming uses

  76-2-105. Continuation of prior nonconforming uses. Existing nonconforming uses may be continued although not in conformity with such zoning regulations.   History: En. Sec. 2, Ch. 154, L. 1953; R.C.M. 1947, 16-4102(part).
MT Code § 76-2-106 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 1. County Planning and Zoning Commission|76-2-106. Adoption of development district

  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.
MT Code § 76-2-107 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 1. County Planning and Zoning Commission|76-2-107. Preparation of resolutions and other materials

  76-2-107. Preparation of resolutions and other materials. (1) The planning and zoning commission may, for the benefit and welfare of the county, prepare and submit to the board of county commissioners drafts of resolutions for the purpose of carrying out the development districts or any part of the development districts previously adopted by the commission, including zoning and land use regulations, the making of official maps, and the preservation of the integrity of the development districts and the official maps and including procedure for appeals from decisions made under the authority of the regulations and regulations for the conservation of the natural resources of the county. The board of county commissioners is authorized to adopt these resolutions.   (2) Notwithstanding the provisions of 76-2-104 and subsection (1) of this section, if the planning and zoning commission is unable to make and adopt a development pattern or to adopt a development district, the board of county commissioners may adopt a resolution to void a planning and zoning district created pursuant to 76-2-101.   History: En. Sec. 5, Ch. 154, L. 1953; R.C.M. 1947, 16-4105(part); amd. Sec. 5, Ch. 446, L. 2009.
MT Code § 76-2-108 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 1. County Planning and Zoning Commission|76-2-108. Permits authorized

  76-2-108. Permits authorized. The planning and zoning commission hereby is empowered to authorize and provide for the issuance of permits as a prerequisite to construction, alteration, or enlargement of any building or structure otherwise subject to the provisions of this part and may establish and collect reasonable fees therefor. The fees so collected are to go to the general fund of the county.   History: En. Sec. 5, Ch. 154, L. 1953; R.C.M. 1947, 16-4105(part).
MT Code § 76-2-109 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 1. County Planning and Zoning Commission|76-2-109. Effect on natural resources

  76-2-109. Effect on natural resources. (1) Regulations adopted under this part may not regulate lands used for grazing, horticulture, agriculture, the growing of timber, or the complete use, development, or recovery of any mineral.  (2) (a) A provision of this part may not be construed to alter Montana law regarding the primacy of the mineral estate, to limit access to the mineral estate, or to limit development of the mineral estate.   (b) A regulation, resolution, or rule adopted pursuant to the provisions of this part may not prevent the complete use, development, or recovery of any mineral that is under the jurisdiction of the board of oil and gas conservation pursuant to Title 82, chapter 11, part 1.   History: En. Sec. 2, Ch. 154, L. 1953; R.C.M. 1947, 16-4102(part); amd. Sec. 1, Ch. 526, L. 2021; amd. Sec. 2, Ch. 533, L. 2021.
MT Code § 76-2-110 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 1. County Planning and Zoning Commission|76-2-110. Appeal procedure

  76-2-110. Appeal procedure. Any person aggrieved by any decision of the commission or the board of county commissioners may, within 30 days after such decision or order, appeal to the district court in the county in which the property involved is located.   History: En. Sec. 5, Ch. 154, L. 1953; R.C.M. 1947, 16-4105(part).
MT Code § 76-2-111 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 1. County Planning and Zoning Commission|76-2-111. Cooperation by public agencies with commission

  76-2-111. Cooperation by public agencies with commission. All public officials, departments, and agencies having information, maps, and data deemed by the commission pertinent to county planning are hereby empowered and directed to make such information available for the use of the county planning and zoning commission.   History: En. Sec. 4, Ch. 154, L. 1953; R.C.M. 1947, 16-4104(part).
MT Code § 76-2-112 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 1. County Planning and Zoning Commission|76-2-112. Effect on powers of incorporated communities to plan adjacent areas

  76-2-112. Effect on powers of incorporated communities to plan adjacent areas. The authority heretofore granted by law to the incorporated communities to approve subdivision plats within the unincorporated area adjacent to their corporate limits is not abrogated by this part except and until the board of county commissioners having jurisdiction over such adjacent area establishes a planning commission and adopts initial regulations for subdivision control within adjacent areas or districts. Authority of the adjacent municipality shall be suspended on the effective date of the county regulation with respect to all areas governed by county subdivision regulations.   History: En. Sec. 6, Ch. 154, L. 1953; R.C.M. 1947, 16-4106.
MT Code § 76-2-113 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 1. County Planning and Zoning Commission|76-2-113. Enforcement of zoning provisions

  76-2-113. Enforcement of zoning provisions. If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or if any building, structure, or land is used in violation of this part or of any resolution adopted under this part, the county, in addition to other remedies, may take any appropriate action or begin proceedings to:   (1) prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;   (2) restrain, correct, or abate a violation;   (3) prevent the occupancy of a building, structure, or land; or   (4) prevent any illegal act, conduct, business, or use in or near the premises.   History: En. Sec. 3, Ch. 288, L. 2001.
MT Code § 76-2-114 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 1. County Planning and Zoning Commission|76-2-114. Housing fees and dedication of real property prohibited

  76-2-114. Housing fees and dedication of real property prohibited. (1) A local governing body may not adopt a resolution under this part that includes 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.   (2) A dedication of real property as prohibited in subsection (1)(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. 1, Ch. 249, L. 2021.
MT Code § 76-2-115 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 1. County Planning and Zoning Commission|76-2-115. and 76-2-116 reserved

  76-2-115 and 76-2-116 reserved.
MT Code § 76-2-117 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 1. County Planning and Zoning Commission|76-2-117. Addition of territory adjacent to existing planning and zoning district

  76-2-117. Addition of territory adjacent to existing planning and zoning district. Territory that is directly adjacent to an existing planning and zoning district but that is not part of the district may be added to the district subject to the procedures provided in this part.   History: En. Sec. 1, Ch. 439, L. 2003.
MT Code § 76-2-201 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-201. County zoning authorized

  76-2-201. County zoning authorized. (1) For the purpose of promoting the public health, safety, morals, and general welfare, a board of county commissioners that has adopted a growth policy pursuant to chapter 1 is authorized to adopt zoning regulations for all or parts of the jurisdictional area in accordance with the provisions of this part.   (2) For the purpose of promoting the public health, safety, morals, and general welfare, a board of county commissioners that adopted a master plan pursuant to Title 76, chapter 1, before October 1, 1999, may, until October 1, 2006, adopt or revise zoning regulations that are consistent with the master plan.   History: En. Sec. 1, Ch. 246, L. 1963; R.C.M. 1947, 16-4701; amd. Sec. 14, Ch. 582, L. 1999; amd. Sec. 2, Ch. 87, L. 2003; amd. Sec. 8, Ch. 599, L. 2003.
MT Code § 76-2-202 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-202. Establishment of zoning districts -- regulations

  76-2-202. Establishment of zoning districts -- regulations. (1) (a) Within the unincorporated portions of a jurisdictional area that has been established under provisions of 76-1-501 through 76-1-503 or 76-1-504 through 76-1-507 and for the purposes provided in 76-2-201, the board of county commissioners may by resolution establish zoning regulations for a part or all of the jurisdictional area or divide the county into zoning districts with zoning regulations that are considered best suited to carry out the purposes of this part. By establishing zoning regulations, the board may regulate the erection, construction, reconstruction, alteration, repair, location, or use of buildings or structures or the use of land.   (b) An action challenging the creation of a zoning district or adoption of zoning regulations must be commenced within 6 months after the date of the order by the board of county commissioners creating the district or adopting the regulations.   (2) 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.   (3) The regulations in one district may differ from those in other districts.   (4) As used in this section, "manufactured housing" means a dwelling for a single household, 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.   History: En. Sec. 3, Ch. 246, L. 1963; amd. Sec. 18, Ch. 273, L. 1971; R.C.M. 1947, 16-4703; (1)(b)En. Sec. 2, Ch. 441, L. 1989; amd. Sec. 1, Ch. 505, L. 1993; amd. Sec. 274, Ch. 42, L. 1997; amd. Sec. 236, Ch. 542, L. 2005; amd. Sec. 123, Ch. 596, L. 2005; amd. Sec. 6, Ch. 446, L. 2009.
MT Code § 76-2-203 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-203. Criteria and guidelines for zoning regulations

  76-2-203. Criteria and guidelines for zoning regulations. (1) Zoning regulations must be:  (a) made in accordance with the growth policy; and   (b) designed to:   (i) secure safety from fire and other dangers;   (ii) promote public health, public safety, and 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 board of county commissioners shall consider:   (a) reasonable provision of adequate light and air;   (b) the effect on motorized and nonmotorized transportation systems;   (c) compatible urban growth in the vicinity of cities and towns that at a minimum must include the areas around municipalities;   (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.   (3) Zoning regulations must, as nearly as possible, be made compatible with the zoning ordinances of nearby municipalities.   (4) 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.   (5) A dedication of real property as prohibited in subsection (4)(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. 4, Ch. 246, L. 1963; R.C.M. 1947, 16-4704; amd. Sec. 15, Ch. 582, L. 1999; amd. Sec. 3, Ch. 87, L. 2003; amd. Sec. 7, Ch. 446, L. 2009; amd. Sec. 4, Ch. 249, L. 2021.
MT Code § 76-2-204 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-204. Role of planning boards

  76-2-204. Role of planning boards. (1) The board of county commissioners shall require the county planning board and the city-county planning board to recommend boundaries and appropriate regulations for the various zoning districts. The county planning board and the city-county planning board shall make written reports of their recommendations to the board of county commissioners, but such recommendations shall be advisory only.   (2) This section shall apply to either the county planning board or the city-county planning board where only one of these planning boards has been established.   History: En. Sec. 2, Ch. 246, L. 1963; amd. Sec. 17, Ch. 273, L. 1971; R.C.M. 1947, 16-4702.
MT Code § 76-2-205 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-205. Procedure for adoption of regulations and boundaries

  76-2-205. Procedure for adoption of regulations and boundaries. The board of county commissioners shall observe the following procedures in the establishment or revision of boundaries for zoning districts and in the adoption or amendment of zoning regulations:  (1) Notice of a public hearing on the proposed zoning district boundaries and of regulations for the zoning district must:   (a) state:   (i) the boundaries of the proposed district;   (ii) the general character of the proposed zoning regulations;   (iii) the time and place of the public hearing;   (iv) that the proposed zoning regulations are on file for public inspection at the office of the county clerk and recorder;   (b) be posted not less than 45 days before the public hearing in at least five public places, including but not limited to public buildings and adjacent to public rights-of-way, within the proposed district; and   (c) be published once a week for 2 weeks in a newspaper of general circulation within the county.   (2) At the public hearing, the board of county commissioners shall give the public an opportunity to be heard regarding the proposed zoning district and regulations.   (3) After the public hearing, the board of county commissioners shall review the proposals of the planning board and shall make any revisions or amendments that it determines to be proper.   (4) The board of county commissioners may pass a resolution of intention to create a zoning district and to adopt zoning regulations for the district.   (5) The board of county commissioners shall publish notice of passage of the resolution of intention once a week for 2 weeks in a newspaper of general circulation within the county. The notice must state:   (a) the boundaries of the proposed district;   (b) the general character of the proposed zoning regulations;   (c) that the proposed zoning regulations are on file for public inspection at the office of the county clerk and recorder;   (d) that for 30 days after first publication of this notice, the board of county commissioners will receive written comments on the creation of the zoning district or to the zoning regulations from persons owning real property within the district whose names appear on the last-completed assessment roll of the county.   (6) Within 30 days after the expiration of the comment period, the board of county commissioners may in its discretion adopt the resolution creating the zoning district or establishing the zoning regulations for the district.   History: En. Sec. 5, Ch. 246, L. 1963; amd. Sec. 19, Ch. 273, L. 1971; R.C.M. 1947, 16-4705; amd. Sec. 2, Ch. 591, L. 1995; amd. Sec. 8, Ch. 446, L. 2009; amd. Sec. 2, Ch. 380, L. 2021.
MT Code § 76-2-207 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-207. Permits authorized

  76-2-207. Permits authorized. The board of county commissioners may provide for the issuance of location or conformance permits and may collect a fee for each such permit. The proceeds of such fees shall be deposited in the general fund of the county.   History: En. Sec. 8, Ch. 246, L. 1963; R.C.M. 1947, 16-4708(part).
MT Code § 76-2-208 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-208. Continuation of nonconforming uses

  76-2-208. Continuation of nonconforming uses. Any lawful use which is made of land or buildings at the time any zoning resolution is adopted by the board of county commissioners may be continued although such use does not conform to the provisions of such resolution.   History: En. Sec. 9, Ch. 246, L. 1963; R.C.M. 1947, 16-4709.
MT Code § 76-2-209 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-209. Effect on natural resources

  76-2-209. Effect on natural resources. (1) Except as provided in 82-4-431, 82-4-432, and subsection (2) of this section, a resolution or rule adopted pursuant to the provisions of this part, except 76-2-206, may not prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources by the owner of any mineral, forest, or agricultural resource.  (2) The complete use, development, or recovery of a mineral by an operation that mines sand and gravel or an operation that mixes concrete or batches asphalt may be reasonably conditioned or prohibited on a site that is located within a geographic area zoned as residential, as defined by the board of county commissioners and in effect prior to the filing of a permit application or at the time a written request is received for a preapplication meeting pursuant to 82-4-432.   (3) Zoning regulations adopted under this chapter and in effect prior to the filing of a permit application or at the time a written request is received for a preapplication meeting pursuant to 82-4-432 may reasonably condition, but not prohibit, the complete use, development, or recovery of a mineral by an operation that mines sand and gravel and may condition an operation that mixes concrete or batches asphalt in all zones other than residential.   History: En. Sec. 10, Ch. 246, L. 1963; R.C.M. 1947, 16-4710; amd. Sec. 2, Ch. 408, L. 1991; amd. Sec. 1, Ch. 340, L. 2005; amd. Sec. 1, Ch. 545, L. 2021.
MT Code § 76-2-210 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 2. Planning and Zoning|Part 2. County Zoning|76-2-210. Enforcement of zoning provisions

  76-2-210. Enforcement of zoning provisions. (1) If 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 resolution adopted under this part, the county, in addition to other remedies, may institute any appropriate action or proceedings to:   (a) prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;   (b) restrain, correct, or abate a violation;   (c) prevent the occupancy of the building, structure, or land; or   (d) prevent any illegal act, conduct, business, or use in or near the premises.   (2) For the purposes of enforcing subsections (1)(a) through (1)(c), the county shall attempt to obtain voluntary compliance at least 30 days before filing a complaint for a violation of this part that is subject to the penalties under 76-2-211.   (3) The board of county commissioners may appoint enforcing officers to supervise and enforce the provisions of the zoning resolutions.   History: En. Secs. 7, 8, Ch. 246, L. 1963; R.C.M. 1947, 16-4707(part), 16-4708(part); amd. Sec. 10, Ch. 446, L. 2009.