76-2-101. Planning and zoning commission and district. (1) Subject to the provisions of subsections (5) and (6), whenever the public interest or convenience may require and upon petition of 60% of the affected real property owners in the proposed district, the board of county commissioners may create a planning and zoning district and may appoint a […]
76-2-102. Organization and operation of commission. (1) The planning and zoning commission consists of three county commissioners, either the county surveyor or the county clerk and recorder, two citizen members, each of whom resides in a different planning and zoning district or, if only one district exists in a county or is proposed, both from that […]
76-2-103. Powers of commission and employees. (1) In general, the planning and zoning commission shall have such powers as may be appropriate to enable it to fulfill its functions and duties to promote county planning and to carry out the purposes of this part. (2) The planning and zoning commission and any of its members, officers, and […]
76-2-104. Development pattern. (1) For the purpose of furthering the health, safety, and general welfare of the people of the county, the county planning and zoning commission hereby is empowered and it shall be its duty to make and adopt a development pattern for the physical and economic development of the planning and zoning district. (2) Such […]
76-2-105. Continuation of prior nonconforming uses. Existing nonconforming uses may be continued although not in conformity with such zoning regulations. History: En. Sec. 2, Ch. 154, L. 1953; R.C.M. 1947, 16-4102(part).
76-2-106. Adoption of development district. (1) Adoption by the planning and zoning commission of the development district or any change therein may be in whole or in part but must be by the affirmative vote of the majority of the whole commission, provided, however, that prior to any such adoption, a public hearing shall have been […]
76-2-107. Preparation of resolutions and other materials. (1) The planning and zoning commission may, for the benefit and welfare of the county, prepare and submit to the board of county commissioners drafts of resolutions for the purpose of carrying out the development districts or any part of the development districts previously adopted by the commission, including […]
76-2-108. Permits authorized. The planning and zoning commission hereby is empowered to authorize and provide for the issuance of permits as a prerequisite to construction, alteration, or enlargement of any building or structure otherwise subject to the provisions of this part and may establish and collect reasonable fees therefor. The fees so collected are to go […]
76-2-109. Effect on natural resources. (1) Regulations adopted under this part may not regulate lands used for grazing, horticulture, agriculture, the growing of timber, or the complete use, development, or recovery of any mineral. (2) (a) A provision of this part may not be construed to alter Montana law regarding the primacy of the mineral estate, to limit […]
76-2-110. Appeal procedure. Any person aggrieved by any decision of the commission or the board of county commissioners may, within 30 days after such decision or order, appeal to the district court in the county in which the property involved is located. History: En. Sec. 5, Ch. 154, L. 1953; R.C.M. 1947, 16-4105(part).
76-2-111. Cooperation by public agencies with commission. All public officials, departments, and agencies having information, maps, and data deemed by the commission pertinent to county planning are hereby empowered and directed to make such information available for the use of the county planning and zoning commission. History: En. Sec. 4, Ch. 154, L. 1953; R.C.M. 1947, 16-4104(part).
76-2-112. Effect on powers of incorporated communities to plan adjacent areas. The authority heretofore granted by law to the incorporated communities to approve subdivision plats within the unincorporated area adjacent to their corporate limits is not abrogated by this part except and until the board of county commissioners having jurisdiction over such adjacent area establishes a […]
76-2-113. Enforcement of zoning provisions. If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or if any building, structure, or land is used in violation of this part or of any resolution adopted under this part, the county, in addition to other remedies, may take any appropriate action or begin proceedings […]
76-2-114. Housing fees and dedication of real property prohibited. (1) A local governing body may not adopt a resolution under this part that includes a requirement to: (a) pay a fee for the purpose of providing housing for specified income levels or at specified sale prices; or (b) dedicate real property for the purpose of providing housing for […]
76-2-115 and 76-2-116 reserved.
76-2-117. Addition of territory adjacent to existing planning and zoning district. Territory that is directly adjacent to an existing planning and zoning district but that is not part of the district may be added to the district subject to the procedures provided in this part. History: En. Sec. 1, Ch. 439, L. 2003.
