_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT requiring zoning regulations to provide for the use of residential homes or accessory structures as home occupations; and AMENDING SECTIONS 76-2-203 AND 76-2-304, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 76-2-203, MCA, is amended to read:

"76-2-203. Criteria and guidelines for zoning regulations. (1) Zoning regulations must be:

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

(b)        designed to:

(i)         secure safety from fire and other dangers;

(ii)         promote public health, public safety, and general welfare; and

(iii)        facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

(2)        In the adoption of zoning regulations, the board of county commissioners shall consider:

(a)        reasonable provision of adequate light and air;

(b)        the effect on motorized and nonmotorized transportation systems;

(c)        compatible urban growth in the vicinity of cities and towns that at a minimum must include the areas around municipalities;

(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.

(3)        Zoning regulations must, as nearly as possible, be made compatible with the zoning ordinances of nearby municipalities.

(4)        Zoning regulations may not include 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 specified income levels or at specified sale prices.

(5)        A dedication of real property as prohibited in subsection (4)(b) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices.

(6)        Zoning regulations must allow for the use of a residential home or accessory structure by a resident of the home or accessory structure for a home occupation. Zoning regulations must comply with the following requirements:

(a)        Except for actions that prevent or abate common law nuisances, zoning regulations may not:

(i)         prohibit a home occupation from serving clients by appointment;

(ii)         prohibit two or fewer nonresident employees from working at the home occupation;

(iii)        prohibit or require structural modifications for a home occupation;

(iv)        restrict the amount of floorspace a home occupation may use; or

(v)        restrict storage or the use of equipment that does not produce effects outside the home or accessory structure.

(b)        Outside the home or accessory structure, a municipal governing body retains all power under this chapter to regulate external effects that may accompany a home occupation under this section."

Section 2. Section 76-2-304, MCA, is amended to read:

"76-2-304. Criteria and guidelines for zoning regulations. (1) Zoning regulations must be:

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

(b)        designed to:

(i)         secure safety from fire and other dangers;

(ii)         promote public health, public safety, and the general welfare; and

(iii)        facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

(2)        In the adoption of zoning regulations, the municipal governing body shall consider:

(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.

(3)        Zoning regulations must allow for the use of a residential home or accessory structure by a resident of the home or accessory structure for a home occupation. Zoning regulations must comply with the following requirements:

(a)        Except for actions that prevent or abate common law nuisances, zoning regulations may not:

(i)         prohibit a home occupation from serving clients by appointment;

(ii)         prohibit two or fewer nonresident employees from working at the home occupation;

(iii)        prohibit or require structural modifications for a home occupation;

(iv)        restrict the amount of floorspace a home occupation may use; or

(v)        restrict storage or the use of equipment that does not produce effects outside the home or accessory structure.

(b)        Outside the home or accessory structure, a municipal governing body retains all power under this chapter to regulate external effects that may accompany a home occupation under this section."