Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                             SB 323.1
                                                 SENATE BILL NO. 323
       INTRODUCED BY J. TREBAS, C. KNUDSEN, C. HINKLE, M. HOPKINS, K. BOGNER, D. ZOLNIKOV
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  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING MUNICIPAL ZONING LAWS;
  REQUIRING CERTAIN CITIES TO PERMIT THE USE OF DUPLEX, TRIPLEX, AND FOURPLEX HOUSING
  IN ZONING REGULATIONS; PROVIDING DEFINITIONS; AMENDING SECTIONS 76-2-304 AND 76-2-309,
  MCA; AND PROVIDING A DELAYED EFFECTIVE DATE.”
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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)      In a city with a population of at least 5,000 residents, zoning regulations that apply to the
  development or use of duplex housing may not be more restrictive than zoning regulations that are applicable
  to single-family residences.
                                                                 -1-                      Authorized Print Version – SB 323
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68th Legislature 2023                                                                                             SB 323.1
          (4)      In a city with a population of at least 50,000 residents, zoning regulations that apply to the
  development or use of duplex, triplex, and fourplex housing may not be more restrictive than zoning regulations
  that are applicable to single-family residences.
          (5)      As used in this section, the following definitions apply:
          (a)      "Duplex housing" means a parcel or lot with two dwelling units that are 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 parcel or lot with four dwelling units that are 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 parcel or lot with three dwelling units that are 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.
          (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) and
  (4), the provisions of such the statute or local ordinance or regulation shall must govern."
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          NEW SECTION. Section 3.         Effective date. [This act] is effective January 1, 2024.
                                                               -2-                      Authorized Print Version – SB 323
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68th Legislature 2023                                     SB 323.1
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                         -3-      Authorized Print Version – SB 323
Statutes affected: 
SB0323_1.pdf: 76-2-304, 76-2-309
SB0323_2.pdf: 76-2-304, 76-2-309
SB0323_3.pdf: 76-2-304, 76-2-309
SB0323_X.pdf: 76-2-304, 76-2-309
Amended: 76-2-304, 76-2-309
Introduced: 76-2-304, 76-2-309