Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                             SB 245.1
                                                 SENATE BILL NO. 245
                   INTRODUCED BY D. ZOLNIKOV, C. FRIEDEL, J. ELLSWORTH, K. BOGNER
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING MUNICIPAL ZONING LAWS; REQUIRING CERTAIN
  MUNICIPALITIES TO ALLOW MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT; PROHIBITING A
  MUNICIPALITY FROM INCLUDING CERTAIN DENSITY, HEIGHT, LOT COVERAGE, SETBACK, AND
  PARKING REQUIREMENTS; 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)      (a) In a municipality that is designated as an urban area by the United States census bureau
  with a population over 7,000 as of the most recent census, the city council or other legislative body of the
                                                                 -1-                      Authorized Print Version – SB 245
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68th Legislature 2023                                                                                              SB 245.1
  municipality shall allow as a permitted use multifamily housing or mixed-use developments that include
  multifamily housing on a parcel or lot that is:
          (i)      currently serviced by both a municipal water system and a municipal sewer system; and
          (ii)     located in a zone where office, retail, or parking is a principally permitted use.
          (b)      Zoning regulations in municipalities meeting the requirements of subsection (3)(a) may not
  include a requirement to:
          (i)      limit the residential density or lot coverage of a multifamily housing or mixed-use development
  to lower than the highest residential density or lot coverage allowed in the entire jurisdiction of the municipality;
          (ii)     limit the height of a multifamily housing or mixed-use development to lower than the highest
  height allowed in the entire jurisdiction of the municipality or 40 feet, whichever is greater;
          (iii)    impose minimum setback requirements on a multifamily housing or mixed-use development
  larger than the smallest minimum setback allowed in the municipality; or
          (iv)     impose a predetermined number of offstreet parking spaces.
          (c)      A municipality as provided in subsection (3)(a) may regulate the siting and design of a
  multifamily housing or mixed-use development that is required to be permitted under this section provided that
  the regulations do not individually or cumulatively discourage the development of other multifamily housing or
  mixed-use developments permitted in the area through unreasonable costs or delay.
          (4)      As used in this section:
          (a)      "mixed-use development" means a development consisting of residential and nonresidential
  uses in which the nonresidential uses are less than 50% of the total square footage of the development and are
  limited to the first floor of buildings that are two or more stories; and
          (b)      "multifamily housing" means a housing accommodation that is designed principally for
  residential use and consists of not less than 5 housing units on one lot or parcel."
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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
  a fewer number of stories;, require a greater percentage of a lot to be left unoccupied;, or impose other higher
                                                                 -2-                     Authorized Print Version – SB 245
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68th Legislature 2023                                                                                             SB 245.1
  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 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),
  the provisions of such the other statute or local ordinance or regulation shall govern."
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                                                              -3-                      Authorized Print Version – SB 245
Statutes affected: 
SB0245_1.pdf: 76-2-304, 76-2-309
SB0245_2.pdf: 76-2-304, 76-2-309
SB0245_3.pdf: 76-2-304, 76-2-309
SB0245_4.pdf: 76-2-304, 76-2-309
Amended: 76-2-304, 76-2-309
Introduced: 76-2-304, 76-2-309