# Mont. Code Ann. § 76-2-304: 76-2-304 Criteria and guidelines for zoning regulations > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-304 ## Section - **Citation:** Mont. Code Ann. § 76-2-304 - **Heading:** 76-2-304 Criteria and guidelines for zoning regulations - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 76 / Chapter 2 / Part 3 / Section 76-2-304 ## Text 76-2-304 . (Temporary) 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) In a city with a population of at least 5,000 residents, duplex housing must be allowed as a permitted use on a lot where a single-family residence is a permitted use, and zoning regulations that apply to the development or use of duplex housing may not be more restrictive than zoning regulations that are applicable to single-family residences. (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: (i) has a will-serve letter from both a municipal water system and a municipal sewer system; and (ii) is located in a commercial zone. (b) Zoning regulations in municipalities meeting the requirements of subsection (4)(a) may not include a requirement to provide more than: (i) one off-street parking space for each unit and accessible parking spaces as required by the Americans With Disabilities Act of 1990, 42 U.S.C. 12101, et seq.; or (ii) an equivalent number of spaces required under subsection (4)(b)(i) provided through a shared parking agreement. (5) As used in this section, the following definitions apply: (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: (i) a single person living or residing in a dwelling or place of residence; or (ii) two or more persons living together or residing in the same dwelling or place of residence. (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 . ## Nearby sections - [Mont. Code Ann. § 76-2-301 76-2-301 Municipal zoning authorized](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-301.md) - [Mont. Code Ann. § 76-2-302 76-2-302 Zoning districts](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-302.md) - [Mont. Code Ann. § 76-2-303 76-2-303 Procedure to administer certain annexations and zoning laws -- hearing and notice](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-303.md) - [Mont. Code Ann. § 76-2-304 76-2-304 Criteria and guidelines for zoning regulations](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-304.md) - [Mont. Code Ann. § 76-2-306 76-2-306 Interim zoning ordinances](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-306.md) - [Mont. Code Ann. § 76-2-307 76-2-307 Zoning commission](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-307.md) - [Mont. Code Ann. § 76-2-308 76-2-308 Enforcement and interpretation of zoning regulations and ordinances](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-308.md) - [Mont. Code Ann. § 76-2-309 76-2-309 Conflict with other laws](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-309.md) - [Mont. Code Ann. § 76-2-310 76-2-310 Extension of municipal zoning and subdivision regulations beyond municipal boundaries -- termination of authority for extension](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-310.md) - [Mont. Code Ann. § 76-2-311 76-2-311 Administration of regulations in extended area](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-311.md) - [Mont. Code Ann. § 76-2-312 76-2-312 Exclusion for commission-manager plan municipalities](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-312.md) - [Mont. Code Ann. § 76-2-315 76-2-315 Violations and penalties](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-315.md) - [Mont. Code Ann. § 76-2-316 76-2-316 Continuation of nonconforming uses](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-316.md) - [Mont. Code Ann. § 76-2-321 76-2-321 Board of adjustment](https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-321.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T76_C2_P3_S76-2-304. Check the current official text before relying on it. Not legal advice.