Montana Code 76-25-302. Encouragement of development of housing
76-25-302. Encouragement of development of housing. (1) The zoning regulations authorized in 76-25-301 must include a minimum of five of the following housing strategies, applicable to the majority of the area, where residential development is permitted in the jurisdictional area:
Terms Used In Montana Code 76-25-302
- duplex: means a building designed for two attached dwelling units in which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained between the units through an internal doorway. See Montana Code 76-25-103
- Dwelling: means a building designed for residential living purposes, including single-unit, two-unit, and multi-unit dwellings. See Montana Code 76-25-103
- Dwelling unit: means one or more rooms designed for or occupied exclusively by one household. See Montana Code 76-25-103
- fourplex: means a building designed for four attached dwelling units in which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained between the units through an internal doorway, excluding common hallways. See Montana Code 76-25-103
- Local government: means a county, consolidated city-county, or an incorporated municipality to which the provisions of this chapter apply as provided in 76-25-105. See Montana Code 76-25-103
- Permitted use: means a use that may be approved by issuance of a ministerial permit. See Montana Code 76-25-103
- Single-unit dwelling: means a building designed for one dwelling unit that is detached from any other dwelling unit. See Montana Code 76-25-103
- triplex: means a building designed for three attached dwelling units in which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained between the units through an internal doorway, excluding common hallways. See Montana Code 76-25-103
(a)allow, as a permitted use, for at least a duplex where a single-unit dwelling is permitted;
(b)zone for higher density housing near transit stations, places of employment, higher education facilities, and other appropriate population centers, as determined by the local government;
(c)eliminate or reduce off-street parking requirements to require no more than one parking space per dwelling unit;
(d)eliminate impact fees for accessory dwelling units or developments that include multi-unit dwellings or reduce the fees by at least 25%;
(e)allow, as a permitted use, for at least one internal or detached accessory dwelling unit on a lot with a single-unit dwelling occupied as a primary residence;
(f)allow for single-room occupancy developments;
(g)allow, as a permitted use, a triplex or fourplex where a single-unit dwelling is permitted;
(h)eliminate minimum lot sizes or reduce the existing minimum lot size required by at least 25%;
(i)eliminate aesthetic, material, shape, bulk, size, floor area, and other massing requirements for multi-unit dwellings or mixed-use developments or remove at least half of those requirements;
(j)provide for zoning that specifically allows or encourages the development of tiny houses, as defined in Appendix Q of the International Residential Code as it was printed on January 1, 2023;
(k)eliminate setback requirements or reduce existing setback requirements by at least 25%;
(l)increase building height limits for dwelling units by at least 25%;
(m)allow multi-unit dwellings or mixed-use development as a permitted use on all lots where office, retail, or commercial are primary permitted uses; or
(n)allow multi-unit dwellings as a permitted use on all lots where triplexes or fourplexes are permitted uses.
(2)If a local government’s existing zoning ordinance adopted pursuant to Title 76, chapter 2, before May 17, 2023, does not contain a zoning regulation that is listed as a regulation to be eliminated or reduced in subsection (1), that strategy is considered adopted by the local government.
(3)If the adoption of a housing strategy allowed in subsection (1) subsumes another housing strategy allowed in subsection (1), only one strategy may be considered to have been adopted by the local government.