76-8-107. Buildings for lease or rent — four or more buildings — regulations. (1) A governing body shall adopt regulations for the administration and enforcement of the creation of four or more buildings for lease or rent on a single tract.

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Terms Used In Montana Code 76-8-107

  • Governing body: means the legislative authority for a city, town, county, or consolidated city-county government. See Montana Code 76-8-101
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Tract: means an individual parcel of land that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office. See Montana Code 76-8-101

(2)The regulations adopted pursuant to this section must, at a minimum:

(a)list the materials that must be included in an application for the creation of four or more buildings for lease or rent;

(b)require a description of:

(i)property boundaries;

(ii)onsite and adjacent offsite streets, roads, and easements;

(iii)geographic features;

(iv)existing septic tanks and drainfields;

(v)existing wells; and

(vi)existing and proposed buildings;

(c)require adequate water supply and sewage and solid waste disposal facilities;

(d)require an assessment of potential significant impacts on the surrounding physical environment and human population in the area to be affected, including conditions, if any, that may be imposed on the proposal to avoid or minimize potential significant impacts identified;

(e)require adequate emergency medical, fire protection, and law enforcement services;

(f)require access to the site; and

(g)comply with applicable flood plain requirements.

(3)Prior to adopting regulations pursuant to this section, the governing body shall provide an opportunity for public hearing and comment on the proposed regulations. Notice of the public hearing must be published as provided in 7-1-2121 if the governing body is a county commission or as provided in 7-1-4127 if the governing body is a city commission or a town council and must be posted not less than 30 days before the public hearing in at least five public places, including but not limited to public buildings. Public comment must be addressed before the regulations are adopted.