Montana Title 76. Land Resources and Use § 76-2-304. Criteria and guidelines for zoning regulations

(a) made in accordance with a growth policy; and

(b) designed to:

(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.

(4)(a) In a municipality that is designated as an urban area by the United States census bureau with a population over 5,000 as of the most recent census, the city council or other legislative body of the municipality shall allow as a permitted use multiple-unit dwellings and mixed-use developments that include multiple-unit dwellings on a parcel or lot that:

(b) Zoning regulations in municipalities meeting the requirements of subsection (4)(a) may not include a requirement to provide more than:

(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:

(c) “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.

(d) “Multiple-unit dwelling” means a building designed for five or more dwelling units in which the dwelling units share a common separation like a ceiling or wall and in which access cannot be gained between units through an internal doorway, excluding common hallways.

(e) “Single-family residence” has the meaning provided in 70-24-103.