Montana Code 76-8-102. Buildings for lease or rent — review procedure
76-8-102. Buildings for lease or rent — review procedure. (1) Unless the buildings are exempt from review as provided in 76-8-103 or subject to review as provided in 76-8-106, an application for the creation of buildings for lease or rent on a single tract must be reviewed as provided in this section.
Terms Used In Montana Code 76-8-102
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 76-8-101
- Governing body: means the legislative authority for a city, town, county, or consolidated city-county government. See Montana Code 76-8-101
- Landowner: means an owner of a legal or equitable interest in real property. See Montana Code 76-8-101
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Local reviewing authority: means a local department or board of health that is approved to conduct reviews under Title 76, chapter 4. See Montana Code 76-8-101
- Tract: means an individual parcel of land that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office. See Montana Code 76-8-101
- Writing: includes printing. See Montana Code 1-1-203
(2)An application pursuant to this section for the creation of buildings for lease or rent must be submitted for review to:
(a)the governing body or its agent or agency in which the buildings are proposed to be located; and
(b)the department or local reviewing authority if review by the department or local reviewing authority is required by Title 76, chapter 4 or to the local board or department of health if review is required by Title 50.
(3)(a) Upon receipt of an application and any applicable fees, the governing body or its agent or agency shall within 10 working days determine whether the application contains the required materials and sufficient information for review. The governing body or its agent or agency shall notify the applicant in writing as to whether the application is complete. If the application is incomplete, the governing body shall identify any missing materials or insufficient information.
(b)After the governing body or its agent or agency has notified the applicant that the application is complete, the governing body shall approve, conditionally approve, or deny the application for the creation of buildings for lease or rent pursuant to this section within 60 working days. The applicant and the governing body may agree to extend the time for review in writing.
(c)Review and approval, conditional approval, or denial of an application for the creation of buildings for lease or rent pursuant to this section must be based upon the regulations in effect at the time an application is determined to be complete. If regulations change during the period that the application is determined to be complete, the determination of whether the application is complete must be based on the new regulations.
(4)The governing body may establish a reasonable fee to be paid by the landowner commensurate with the cost of reviewing applications submitted pursuant to this section.
(5)If the governing body denies, approves, or conditionally approves the proposed creation of buildings for lease or rent pursuant to this section, the governing body shall provide written notification to the landowner within the 60 working-day period provided in this section.