HB 492: Revise municipal zoning laws related to parking requirements - Montana

HB0492_X(1).pdf → HB0492_X(2).pdf · 5 edits

MODERATE

This bill removes a requirement for developers to compensate municipalities for providing extra parking spaces, allowing them to build more than the minimum required. It also amends zoning laws to strictly limit the number of parking spaces required for residential units and specific facility types, while adding new definitions for housing categories.

Scope change

The bill expands the ability of property owners and developers to exceed minimum parking requirements without penalty and clarifies zoning rules for specific housing types like duplexes and mixed-use developments.

REQUIREMENT

Eliminated the mandate requiring developers to pay compensation to cities or towns when they provide more parking spaces than the minimum required by zoning.

Updated zoning criteria to explicitly prohibit requiring more than one parking space per residential dwelling unit.

Added exemptions from minimum parking requirements for existing buildings, child-care facilities, deed-restricted affordable housing, and assisted living facilities.

Added restrictions preventing local governments from treating manufactured housing differently or requiring fees/dedications for affordable housing.

DEFINITION

Introduced new definitions for 'duplex housing,' 'family unit,' 'mixed-use development,' and 'multiple-unit dwelling' to clarify zoning application.

HB0492_3(4).pdf → HB0492_X.pdf · 6 edits

MODERATE

This bill updates Montana's zoning laws to limit mandatory parking requirements for new developments, particularly for small residential units and commercial spaces under 15,000 square feet. It also clarifies definitions for housing types and ensures that property owners are compensated if a city requires them to build more parking than the new minimum standards allow.

Scope change

The bill expands protections against excessive parking mandates to include specific exemptions for deed-restricted affordable housing, assisted living facilities, and small residential units under 1,200 square feet, which were not explicitly exempted in the previous version.

REQUIREMENT

Removed a clause that allowed cities to require more than one-half parking space for residential units under 1,200 square feet, aligning the law with a stricter limit of one space per unit.

Added an explicit exemption prohibiting minimum parking requirements for deed-restricted affordable housing and assisted living facilities.

Reorganized the structure of Section 76-2-304 to clearly list prohibited parking requirements, including a cap of one space per 5,000 square feet of commercial space.

Clarified that nothing in the law restricts developers from voluntarily providing more parking than the minimum required.

DEFINITION

Added a detailed definition for 'multiple-unit dwelling' to specify that units must share common walls or ceilings and cannot have internal doorways between them.

Added a definition for 'single-family residence' by referencing an existing statute (70-24-103).

HB0492_2(15).pdf → HB0492_3.pdf · 3 edits

MINOR

The bill was renumbered from HB 492.2 to HB 492.3, indicating a version update. The most significant policy change involves the reorganization of parking requirements, where specific unit types (small residential units, deed-restricted affordable housing, and assisted living facilities) were moved into a new subsection (v)(IV) and (vi)(V). Additionally, a new subsection (C) was inserted to explicitly state that municipalities may require more than one-half parking space for small residential units, clarifying the parking rules for developers.

Scope change

The bill's scope regarding parking regulations was modified to include specific allowances for small residential units, deed-restricted affordable housing, and assisted living facilities within the parking requirements framework.

REQUIREMENT

Parking requirements were restructured to explicitly allow municipalities to mandate more than one-half parking space for residential units under 1,200 square feet.

Small residential units, deed-restricted affordable housing, and assisted living facilities were re-categorized into specific subsections of the parking rules.

TECHNICAL

The bill number was updated from HB 492.2 to HB 492.3, reflecting a revision in the legislative process.

HB0492_2(5).pdf → HB0492_2(6).pdf · 1 edit

MINOR

The bill text was reformatted to align with standard legislative indentation styles, ensuring consistent spacing for list items and definitions. No substantive policy changes, legal requirements, or definitions were altered.

TECHNICAL

Added extra indentation to list items and definitions to match standard formatting conventions, improving readability without changing the law's meaning.

HB0492_2(2).pdf → HB0492_2(3).pdf · 4 edits

MODERATE

This bill amends state laws to regulate parking requirements for cities and towns. It clarifies that municipalities can charge for parking use and requires them to compensate property owners for the real cost of constructing required parking. The bill also restricts how many parking spaces zoning laws can mandate, particularly for small businesses and affordable housing, to prevent excessive burdens on developers.

Scope change

The bill applies to all cities and towns in the state, specifically targeting zoning regulations for new developments and existing buildings.

REQUIREMENT

Cities and towns must compensate property owners for the actual cost of building required parking spaces if they mandate more than the standard allowance.

New limits are placed on minimum parking requirements, capping them at one space per 5,000 square feet of commercial space or one space per residential unit.

EXEMPTIONS

Mandatory parking rules cannot apply to small commercial spaces under 15,000 square feet, small residential units under 1,200 square feet, or deed-restricted affordable housing.

DEFINITION

Definitions for 'duplex housing' and 'mixed-use development' were updated to clarify occupancy limits and building structure requirements.

HB0492_1(4).pdf → HB0492_2.pdf · 3 edits

MINOR

The bill was renumbered from HB 492.1 to HB 0492.2 and its title was expanded to explicitly allow property owners, developers, and builders to provide more parking than zoning laws require. This change clarifies that the new rules do not force developers to provide extra parking if they choose to, removing potential confusion about whether the bill mandates additional spaces beyond the minimum.

Scope change

The bill's scope remains focused on municipal zoning and parking regulations, but the language now explicitly permits voluntary provision of excess parking spaces by developers and property owners.

REQUIREMENT

The bill's title was updated to clarify that it allows, rather than mandates, the provision of parking spaces exceeding minimum requirements.

A new provision was added stating that nothing in the bill restricts property owners, developers, or builders from providing more parking spaces than the minimum required by zoning regulations.

TECHNICAL

The bill number was changed from HB 492.1 to HB 0492.2, and the header formatting was adjusted to include the year 2025.

LC0886.pdf → HB0492_1.pdf · 3 edits

MINOR

The bill was formally renumbered from LC 0886 to HB 492.1, updating the document header and page footers to reflect its new status as a House Bill. The substantive text of the parking and zoning provisions remains unchanged, with no new policy requirements, funding, or definitions added.

Scope change

The scope of the bill's applicability to local governments and parking regulations has not changed; only the bill's identification number and formatting have been updated.

TECHNICAL

Updated the bill title and header from LC 0886 to HB 492.1 to reflect its new legislative number.

Replaced the original LC 0886 page footers with new 'Authorized Print Version' footers for HB 492.

Added a new line item 3(a) regarding manufactured housing, though the full context of this addition appears incomplete in the provided text.

Revise municipal zoning laws related to parking requirements

What changed between versions

How they voted

Actions timeline

Sponsors