Bill Summary – FastDemocracy

67th Legislature                                                                                                      HB 134.1
                                                      HOUSE BILL NO. 134
                                              INTRODUCED BY D. TENENBAUM
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   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING MUNICIPAL ZONING LAWS;
   PROHIBITING ZONING REGULATIONS THAT RESTRICT DUPLEX, TRIPLEX, AND FOURPLEX HOUSING
   IN CERTAIN CITIES; PROVIDING DEFINITIONS; AND AMENDING SECTIONS 76-2-304 AND 76-2-309,
   MCA.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 76-2-304, MCA, is amended to read:
              "76-2-304.    Criteria and guidelines for zoning regulations. (1) Zoning regulations must be:
              (a)   made in accordance with a growth policy; and
              (b)   designed to:
              (i)   secure safety from fire and other dangers;
              (ii) promote public health, public safety, and the general welfare; and
              (iii) facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other
   public requirements.
              (2)   In the adoption of zoning regulations, the municipal governing body shall consider:
              (a)   reasonable provision of adequate light and air;
              (b)   the effect on motorized and nonmotorized transportation systems;
              (c)   promotion of compatible urban growth;
              (d)   the character of the district and its peculiar suitability for particular uses; and
              (e)   conserving the value of buildings and encouraging the most appropriate use of land throughout
   the jurisdictional area.
              (3)   On a parcel or lot that is currently permitted to allow for the development or use of a single-family
   residence and that is currently serviced by both a municipal water system and a municipal sewer system, a city
   or town council or other legislative body of a municipality may not enact or enforce a zoning regulation or
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67th Legislature                                                                                                          HB 134.1
   ordinance that prohibits the development or use of:
              (a)   duplex housing in a city with a population of at least 5,000 residents; or
              (b)   duplex, triplex, or fourplex housing in a city with a population of at least 50,000 residents.
              (4)   A city or town council or other legislative body of a municipality may not enact or enforce a zoning
   regulation or ordinance that requires the development or maintenance of off-street parking spaces for single-
   family residences or duplex, triplex, or fourplex housing.
              (5)   This section may not be construed to limit:
              (a)   regulations or ordinances imposed by a city or town council or other legislative body of a
   municipality with a population less than 5,000 residents; or
              (b)   conditions imposed in covenants.
              (6)   As used in this section, the following definitions apply:
              (a)   "Duplex housing" means a housing structure containing two dwelling units, designed for residential
   occupancy by not more than two family units living independently from each other.
              (b)   "Family unit" means:
              (i)   a single person living or residing in a dwelling or place of residence; or
              (ii) two or more persons living together or residing in the same dwelling or place of residence.
              (c)   "Fourplex housing" means a housing structure containing four dwelling units designed for
   residential occupancy by not more than four family units living independently from each other.
              (d)   "Single-family residence" has the meaning provided in 70-24-103.
              (e)   "Triplex housing" means a housing structure containing three dwelling units, designed for
   residential occupancy by not more than three family units living independently from each other."
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              Section 2. Section 76-2-309, MCA, is amended to read:
              "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 must govern.
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67th Legislature                                                                                                 HB 134.1
              (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, except for restrictions provided in 76-2-304(3)
   through (5), the provisions of such a statute or local ordinance or regulation shall must govern."
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                                                                 -3-                    Authorized Print Version – HB 134