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68th Legislature 2023 SB 528.1
1 SENATE BILL NO. 528
2 INTRODUCED BY G. HERTZ
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING MUNICIPAL ZONING LAWS TO ALLOW FOR
5 ACCESSORY DWELLING UNITS; REQUIRING MUNICIPALITIES TO ADOPT CERTAIN REGULATIONS IN
6 RELATION TO ACCESSORY DWELLING UNITS; PROHIBITING CERTAIN REGULATIONS IN RELATION
7 TO ACCESSORY DWELLING UNITS; ALLOWING A MUNICIPALITY TO CHARGE A FEE TO REVIEW
8 APPLICATIONS TO CREATE ACCESSORY DWELLING UNITS; AND PROVIDING A DELAYED EFFECTIVE
9 DATE.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 NEW SECTION. Section 1. Accessory dwelling units -- regulations -- restrictions. (1) A
14 municipality shall adopt regulations under this chapter that:
15 (a) allow a minimum of one accessory dwelling unit by right on a lot or parcel that contains a
16 single-family dwelling;
17 (b) allow an accessory dwelling unit that is:
18 (i) attached to a single-family dwelling;
19 (ii) detached from a single-family dwelling;
20 (iii) contained within the single-family dwelling; or
21 (iv) currently constructed or may be constructed;
22 (c) set a maximum gross floor area for accessory dwelling units that is the lesser of 1,000 square
23 feet or the gross floor area of the single-family dwelling; and
24 (d) allow an accessory dwelling unit to be used as rental housing.
25 (2) A municipality may not:
26 (a) require that a lot or parcel have additional parking to accommodate an accessory dwelling unit
27 or require fees in lieu of additional parking;
28 (b) require that an accessory dwelling unit match the exterior design, roof pitch, or finishing
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68th Legislature 2023 SB 528.1
1 materials of the single-family dwelling;
2 (c) require that the single-family dwelling or the accessory dwelling unit be occupied by the owner;
3 (d) require a familial, marital, or employment relationship between the occupants of the single-
4 family dwelling and the occupants of the accessory dwelling unit;
5 (e) require periodic license renewal of an accessory dwelling unit;
6 (f) assess impact fees on the construction of an accessory dwelling unit;
7 (g) require improvements to public streets as a condition of permitting an accessory dwelling unit;
8 (h) set maximum building heights, minimum setback requirements, minimum lot sizes, maximum
9 lot coverages, or minimum building frontages for accessory dwelling units that are more restrictive than those
10 for single-family dwellings;
11 (i) impose more onerous zoning regulations on an accessory dwelling unit beyond those set forth
12 in this section; or
13 (j) require a restrictive covenant concerning an accessory dwelling unit on a parcel zoned for
14 residential use by a single-family dwelling. This subsection (2)(j) may not be construed to prohibit restrictive
15 covenants concerning accessory dwelling units entered into between private parties, but the municipality may
16 not condition a permit, license, or use of an accessory dwelling unit on the adoption or implementation of a
17 restrictive covenant entered into between private parties.
18 (3) A municipality may require a fee for reviewing applications to create accessory dwelling units.
19 The one-time application fee for the license may be up to $250 for each accessory dwelling unit. Nothing in this
20 section prohibits a municipality from requiring its usual building fees in addition to the application fee.
21 (4) A municipality that has not adopted or amended regulations pursuant to this section by January
22 1, 2024, shall review and permit accessory dwelling units in accordance with the requirements of this section
23 until regulations are adopted or amended. Regulations in effect on or after January 1, 2024, that do not comply
24 with this section are void.
25 (5) The provisions of this section do not supersede applicable building codes, fire codes, or public
26 health and safety regulations adopted pursuant to Title 50, chapter 2.
27 (6) For the purposes of this section:
28 (a) "accessory dwelling unit" means a self-contained living unit on the same parcel as a single-
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68th Legislature 2023 SB 528.1
1 family dwelling of greater square footage that includes its own cooking, sleeping, and sanitation facilities and
2 complies with or is otherwise exempt from any applicable building code, fire code, and public health and safety
3 regulations adopted pursuant to Title 50, chapter 2.
4 (b) "by right" means the ability to be approved without requiring:
5 (i) a public hearing;
6 (ii) a variance, conditional use permit, special permit, or special exception; or
7 (iii) other discretionary zoning action other than a determination that a site plan conforms with
8 applicable zoning regulations;
9 (c) "gross floor area" means the interior habitable area of a single-family dwelling or an accessory
10 dwelling unit; and
11 (d) "municipality" means an incorporated city, town, or consolidated city-county that exercises
12 zoning powers under this part.
13
14 NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an
15 integral part of Title 76, chapter 2, part 3, and the provisions of Title 76, chapter 2, part 3, apply to [section 1].
16
17 NEW SECTION. Section 3. Effective date. [This act] is effective January 1, 2024.
18 - END -
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