reglab/statecodes huggingface dataset:
2023 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.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 2. Planning and Zoning › Part 1. County Planning and Zoning Commission › 76-2-118. Referendum to terminate zoning district

76-2-118. 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 4 or 5.
(3) If the referendum described in subsection (1) and conducted under subsection (2) is not successful, the real property owners in the zoning district may not bring forth a subsequent referendum petition for 3 years from the date that the original referendum was submitted to the registered electors pursuant to subsection (2).
History: En. Sec. 2, Ch. 401, L. 2023.
2023 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.
2023 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, including the creation of zoning districts that allow tiny dwelling units.
(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, the following definitions apply:
(a) "Manufactured housing" means a dwelling for a single household, built offsite in a factory, that 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.
(b) (i) "Tiny dwelling unit" means a residential dwelling unit that is 350 to 750 square feet, is on a permanent foundation, and is used as a single-family dwelling for at least 45 days or longer.
(ii) Appendix Q, tiny houses, of the International Building Code as it was printed on January 1, 2023, may govern all other requirements of a tiny dwelling unit that is 350 to 750 square feet.
(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; amd. Sec. 1, Ch. 178, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 a fewer number of stories, require a greater percentage of a 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 must 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 fewer number of stories, require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this part, except for restrictions provided in 76-2-304(3) and (4), the provisions of the other statute or local ordinance or regulation must govern.
History: En. Sec. 9, Ch. 136, L. 1929; re-en. Sec. 5305.9, R.C.M. 1935; R.C.M. 1947, 11-2709; amd. Sec. 2, Ch. 445, L. 2023; amd. Sec. 2, Ch. 499, L. 2023.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).