Montana § 76-2-412 Relationship Of Foster Homes, Kinship Foster Homes, Youth Shelter Care Facilities, Youth Group Homes, Community Residential Facilities, And Day-Care Homes To Zoning

Montana Statutes

§ 76-2-412 — Relationship Of Foster Homes, Kinship Foster Homes, Youth Shelter Care Facilities, Youth Group Homes, Community Residential Facilities, And Day-Care Homes To Zoning

Montana·Title 76 LAND RESOURCES AND USE·Ch. 2 PLANNING AND ZONING·Part 4 Application to Governmental Agencies Group and Foster Homes

76-2-412 . Relationship of foster homes, kinship foster homes, youth shelter care facilities, youth group homes, community residential facilities, and day-care homes to zoning.

(1)A foster home, kinship foster home, youth shelter care facility, or youth group home operated under the provisions of 52-2-621 through 52-2-623 or a community residential facility serving eight or fewer persons is considered a residential use of property for purposes of zoning if the home provides care on a 24-hour-a-day basis.

(2)A family day-care home or a group day-care home, as defined in 52-2-703 , is considered a residential use of property for purposes of zoning.

(3)The facilities listed in subsections (1) and (2) are a permitted use in all residential zones, including but not limited to residential zon

Free access — add to your briefcase to read the full text and ask questions with AI

76-2-412 . Relationship of foster homes, kinship foster homes, youth shelter care facilities, youth group homes, community residential facilities, and day-care homes to zoning. (1) A foster home, kinship foster home, youth shelter care facility, or youth group home operated under the provisions of 52-2-621 through 52-2-623 or a community residential facility serving eight or fewer persons is considered a residential use of property for purposes of zoning if the home provides care on a 24-hour-a-day basis.
(2) A family day-care home or a group day-care home, as defined in 52-2-703 , is considered a residential use of property for purposes of zoning.
(3) The facilities listed in subsections (1) and (2) are a permitted use in all residential zones, including but not limited to residential zones for single-family dwellings. Any safety or sanitary regulation of the department of public health and human services or any other agency of the state or a political subdivision of the state that is not applicable to residential occupancies in general may not be applied to a community residential facility serving 8 or fewer persons or to a day-care home serving 15 or fewer children.
(4) This section may not be construed to prohibit a city or county from requiring a conditional use permit in order to maintain a home pursuant to the provisions of subsection (1) if the home is licensed by the department of public health and human services. A city or county may not require a conditional use permit in order to maintain a day-care home.

Montana § 76-2-412 (Relationship Of Foster Homes, Kinship Foster Homes, Youth Shelter Care Facilities, Youth Group Homes, Community Residential Facilities, And Day-Care Homes To Zoning) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 2, Ch. 350, L. 1973; amd. Sec. 2, Ch. 129, L. 1974; R.C.M. 1947, 11-2702.2; MCA 1981, 76-2-314; redes. 76-2-412 by Code Commissioner, 1983; amd. Sec. 29, Ch. 465, L. 1983; amd. Sec. 1, Ch. 181, L. 1987; amd. Sec. 237, Ch. 418, L. 1995; amd. Sec. 546, Ch. 546, L. 1995; amd. Sec. 32, Ch. 504, L. 2003; amd. Sec. 1, Ch. 553, L. 2023.