Table of Contents TITLE 76. LAND RESOURCES AND USE CHAPTER 2. PLANNING AND ZONING Part 3. Municipal Zoning
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5 76-2-301 2 76-2-302 2 76-2-303 6 76-2-304 1 76-2-305 76-2-306 1 76-2-307 1 76-2-308 1 76-2-309 2 76-2-310 1 76-2-311 76-2-312 76-2-315 76-2-321 76-2-322 3 76-2-323 76-2-324 76-2-325 1 76-2-326 5 76-2-327 76-2-328

Mont. Code Ann. § 76-2-301

(2005)

Municipal zoning authorized

For the purpose of promoting health, safety, morals, or the general welfare of the community, the city or town council or other legislative body of cities and incorporated towns is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.

Opinions construing this section

5 opinions
2015 MT 139 May 19, 2015 Reversed
Kent v. City of Columbia Falls
Dissenting by Beth Baker · 4 to 3 with 2 concurring
under the statutory authority provided to it by the state “[f]or the purpose of promoting health, safety, morals, or the general welfare of the community.” Section 76-2-301, MCA. The Court seems to suggest that the City negligently enforced its municipal ordinance disallowing “slopes equal to or greater than twenty-five percent subsi
2014 MT 311 Nov 25, 2014 Affirmed in part, reversed in part
City of Helena v. Svee
Majority by Jim Rice · 4 to 0 with 1 concurring
and notes that municipalities are authorized, pursuant to their delegated zoning authority, to regulate the height and size of buildings and other structures, § 76-2-301, MCA, as well as “the erection, construction, reconstruction, alteration, repair, or use of buildings.” Section 76-2-302, MCA. Positing that its WUI district fa
2011 MT 12 Feb 1, 2011 Affirmed
City of Great Falls v. Forbes
Majority by Brian Morris · 5 to 0
t. ¶7 The court concluded that the City had authority to adopt property and zoning codes to promote health, safety and the general welfare of the community. Section 76-2-301, MCA. Pursuant to this authority, the City had adopted the Official Code of the City of Great Falls (Code). The City had also adopted the 2006 International Residen
2009 MT 322 Sep 29, 2009 Affirmed
Lake County First v. Polson City Council
Majority by Jim Rice · 7 to 0
es. See also PDC at Ch. 1, Div. 1, ¶ C (“These regulations are adopted under the authority granted by 76-2-201, MCA, et seq., which authorizes county zoning; 76-2-301, MCA, et seq., which authorizes city zoning; and 76-3-501, MCA, which requires cities and counties to adopt subdivision regulations.”). Therefore, because the PDC
2009 MT 72 Mar 11, 2009 Affirmed
Town & Country v. Bozeman
Majority by John Warner · 4 to 0
of buildings, structures, and land for trade, industry, residence or other purposes to promote health, safety, morals, or the general welfare of the community. Section 76-2-301, MCA. Bozeman adopted its Zoning Ordinance pursuant to § 76-2-301, MCA, and the ordinance requires all development proposals to be subject to site plan approval by
Official Annotations archive.org, 2005 edition
History:
En. Sec. 1, Ch. 136, L. 1929
Re-en. Sec. 5305.1, R.C.M. 1935
R.C.M. 1947, 11-2701.
Source text on leg.mt.gov