Introduced BY K. ZOLNIKOV, D. BEDEY, T. WELCH, J. SCHILLINGER, E. KERR-CARPENTER, C. KNUDSEN, S. GIST, G. NIKOLAKAKOS, A. BUCKLEY, S. ESSMANN, B. MITCHELL, S. VINTON, L. BREWSTER, B. LER, K. SEEKINS-CROWE, R. MARSHALL, G. OBLANDER, M. YAKAWICH, W. MCKAMEY, K. BOGNER, D. ZOLNIKOV, B. BARKER, B. PHALEN, J. KARLEN, T. SMITH, E. BUTCHER
A Invoice FOR AN ACT ENTITLED: “AN ACT REVISING MUNICIPAL ZONING DISTRICT Requirements PROHIBITING ZONING Restrictions FROM IMPOSING Specified Bare minimum Ton Measurements ON A Lot THAT IS SERVICED BY A MUNICIPAL H2o AND SEWER Method PROHIBITING Certain DWELLING SETBACKS AND Region RESERVED FOR Open up Place Supplying A DEFINITION AND AMENDING Area 76-2-302, MCA.”
BE IT ENACTED BY THE LEGISLATURE OF THE State OF MONTANA:
Section 1. Area 76-2-302, MCA, is amended to study:
“76-2-302. Zoning districts. (1) For the purposes of 76-2-301, the regional town or town council or other legislative entire body may well divide the municipality into districts of the selection, condition, and area as are regarded as very best suited to have out the purposes of this part. Inside the districts, it may perhaps control and prohibit the erection, development, reconstruction, alteration, restore, or use of buildings, buildings, or land.
(2) All restrictions will have to be uniform for each and every class or sort of buildings all through each individual district, but the rules in a person district might differ from individuals in other districts.
(3) In a continuing for a allow or variance to put manufactured housing inside a household zoning district, there is a rebuttable presumption that placement of a created residence will not adversely have an affect on residence values of traditional housing.
(4) As made use of in this area, “produced housing” signifies a one-family members dwelling, constructed offsite in a factory on or just after January 1, 1990, that is placed on a long-lasting basis, is at minimum 1,000 sq. feet in measurement, has a pitched roof and siding and roofing materials that are typically, as outlined by nearby regulations, utilized on website-built residences, and is in compliance with the relevant prevailing specifications of the United States section of housing and city growth at the time of its output. A produced house does not consist of a mobile home or housetrailer, as outlined in 15-1-101.
(5) This part could not be construed to limit ailments imposed in historic districts, local structure critique specifications, existing covenants, or the ability to enter into covenants pursuant to Title 70, chapter 17, element 2.
(6) Zoning restrictions could not involve a necessity to:
(a) pay out a price for the goal of providing housing for specified cash flow amounts or at specified sale rates or
(b) devote serious property for the intent of offering housing for specified revenue degrees or at specified sale price ranges
(c) comply with dimensional specifications that cumulatively end result in an powerful minimal great deal measurement of bigger than 2,500 sq. ft for a lot that is at this time serviced by each a municipal h2o technique and a municipal sewer method or
(d) on a whole lot that is less than 4,000 sq. feet:
(i) put into practice dwelling setbacks much more than 10 ft from the entrance and rear large amount strains or extra than 5 toes from the aspect ton lines or
(ii) reserve additional than 40 percent of good deal spot for open up room or permeable area.
(7) A devotion of genuine property as prohibited in subsection (6)(b) consists of a payment or other contribution to a community housing authority or the reservation of real property for potential progress of housing for specified cash flow amounts or specified sale charges.
(8) As employed in this segment, “dimensional regular” means a development need that establishes the optimum sizing of buildings and constructions positioned on a lot and the buildable location within just a good deal in which a developing can be situated. The term includes but is not limited to requirements for good deal coverage, creating peak, floor place ratio, density specifications, large amount width and depth necessities, setback demands, or other standards outlined in zoning restrictions adopted pursuant to this part.“