76-2-306. Interim zoning ordinances. (1) Except as provided in 76-2-340, the city or town council or other legislative body of the municipality, to protect the public safety, health, and welfare and without following the procedures otherwise required prior to the adoption of a zoning ordinance, may adopt as an urgency measure an interim zoning ordinance prohibiting any uses that may be in conflict with a contemplated zoning proposal that the legislative body is considering or studying or intends to study within a reasonable time.
(2) An interim zoning ordinance may be applicable only within the city limits and up to 1 mile beyond the corporate boundaries of the city or town and takes effect upon passage if a hearing is first held upon notice reasonably designed to inform all affected parties. A notice must be published in a newspaper of general circulation at least 7 days before the hearing.
(3) An interim zoning ordinance is no longer in effect 6 months from the date of its adoption. However, after notice pursuant to 76-2-303 and pursuant to public hearing, the legislative body may extend the interim zoning ordinance for 1 year. Any extension requires a two-thirds vote for passage and becomes effective upon passage. No more than two extensions may be adopted.
History: En. 11-2711 by Sec. 1, Ch. 488, L. 1975; R.C.M. 1947, 11-2711; amd. Sec. 6, Ch. 56, L. 2013.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 2. Planning and Zoning
76-2-301. Municipal zoning authorized
76-2-303. Procedure to administer certain annexations and zoning laws -- hearing and notice
76-2-304. Criteria and guidelines for zoning regulations
76-2-305. Alteration of zoning regulations -- protest
76-2-306. Interim zoning ordinances
76-2-308. Enforcement of zoning regulations and ordinances
76-2-309. Conflict with other laws
76-2-310. Extension of municipal zoning and subdivision regulations beyond municipal boundaries
76-2-311. Administration of regulations in extended area
76-2-312. Exclusion for commission-manager plan municipalities
76-2-315. Violations and penalties
76-2-316. through 76-2-320 reserved
76-2-322. Membership and term of board members -- vacancies
76-2-323. Powers of board of adjustment
76-2-324. Vote needed for board action
76-2-325. Public access to board activities
76-2-326. Appeals to board of adjustment
76-2-327. Appeals from board to court of record
76-2-328. Awarding of costs upon appeal from board decision