This title may be cited as the HELENA ZONING REGULATIONS. (Ord. 3097, 4-7-2008)

For purposes of this title, unless otherwise defined in a particular chapter:

   A.   Words used in the present tense include the future.

   B.   Words or phrases used in the singular number include the plural and words used in the plural include the singular.

   C.   The words "shall" and "must" are mandatory and not permissive.

   D.   The word "may" is permissive.

   E.   Where terms are not defined, they have their ordinary accepted meanings within the context in which they are used. (Ord. 3097, 4-7-2008)

   A.   The city is hereby divided into districts as shown on the official zoning map which, together with the certificate attached thereto, and together with all amendments, changes and certifications thereof, is hereby adopted and declared to be a part of this title as if described in detail.

   B.   The official zoning map must be displayed at all times in the office of the clerk of the city commission and bear a certificate with the signature of the mayor, the certification of the city clerk, and the date of the adoption of this title. If any changes to the map are made by amendment in accordance with this title, such changes must be made to the map and signed and certified upon the map or upon the material attached thereto. (Ord. 3097, 4-7-2008)

   A.   All territory to be annexed into the city must first be prezoned, and the zoning must be consistent with the designated land uses for such territory as set forth in the growth policy.

   B.   Prezoning applications are filed with the community development department and any required fees must be paid upon submission of an application.

   C.   The zoning commission shall hold a public hearing and make a recommendation to the city commission.

   D.   The city commission shall determine the appropriate zoning and pass an ordinance establishing the zoning, which zoning is effective upon the date of annexation. (Ord. 3097, 4-7-2008)

The city manager, the director of community development, and their authorized representatives shall administer and enforce this title. (Ord. 3097, 4-7-2008)

The zoning commission will hold public hearings and provide recommendations to the city commission, for prezoning, zone changes, conditional use permits and amendments to this title. (Ord. 3097, 4-7-2008)

   A.   Streets and alleys that are dedicated to the public and exist as travelways are not considered zoned.

   B.   If ambiguity arises concerning the location of the boundary of any zoning district shown on the official zoning map, any person may request an interpretation from the director of the community development department.

   C.   The department shall follow the rules of interpretation listed in this section in determining the location of a boundary of a zoning district. This preliminary interpretation is advisory in nature and does not constitute an order, requirement, decision, or determination under section 76-2-323 Montana Code Annotated. A written copy of each such interpretation shall be kept on file with the community development department.

   D.   The location of the boundary of any zoning district shall be interpreted as following the nearest logical lines to that shown. This includes platted lot lines, city limit lines, edge of dedicated public rights of way, or stream or water centerlines. (Ord. 3097, 4-7-2008)

   A.   If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if a specific use is not listed, any person proposing to conduct such use may request an interpretation from the director of the community development department.

   B.   The department shall follow the rules of interpretation listed in this section in determining the classification of a particular use. This preliminary interpretation is advisory in nature and does not constitute an order, requirement, decision, or determination under section 76-2-323 Montana Code Annotated. A written copy of each such interpretation shall be kept on file with the community development department.

   C.   The determination of which zoning districts a previously unclassified use will be classified as permitted must be based upon whether the unclassified use is similar to and compatible with other uses permitted in the zoning district. (Ord. 3097, 4-7-2008)

   A.   The preliminary interpretation of the director of the community development department may be appealed, in writing, to the city manager for a final decision.

   B.   Written notice of appeal of the city manager's decision may be made to the board of adjustment within twenty (20) calendar days.

   C.   The board of adjustment shall hold a public hearing in order to obtain facts and information from all interested parties, the community development department, and any other pertinent city agency. The director of the community development department shall submit the preliminary interpretation, together with any pertinent information, to the board of adjustment in the form of a recommendation.

   D.   The board of adjustment shall fix a reasonable time for the hearing, give public notice, and due notice to the parties in interest. Public notice must be published in an official newspaper, or a newspaper of general circulation, in the city.

   E.   The board of adjustment may continue any hearing if necessary to obtain additional facts and information; in such case, a second legal notice is not required if the time, date, and location of the continued hearing are announced at the hearing and placed in the official record. (Ord. 3097, 4-7-2008)

   A.   Whenever the owner of any land or building desires a zone change or change in the boundaries of any district, the owner may request a zone change. Such request is filed with the community development department on an application form provided by the city for this purpose. The application must be duly signed and verified by the applicant, who shall pay any required fee.

   B.   For amendments to the Helena zoning regulations or zone changes, the zoning commission shall hold a public hearing to obtain facts and information from all interested parties. At least fifteen (15) days' notice of the time and place of such hearing must be published in an official newspaper, or a newspaper of general circulation, in the city.

   C.   The zoning commission may continue the hearing if necessary to obtain additional facts and information. If the hearing is continued, a second legal notice is not required if the time, date, and location of the continued hearing are announced at the hearing and placed in the official record of the zoning commission.

   D.   The zoning commission recommendation must be based upon information presented at a public hearing and information contained in the application.

   E.   The zoning commission shall send the city commission its recommendation on the application, together with any and all pertinent facts in regard to the application and its recommendation. The applicant shall be given a true and exact copy of the zoning commission's recommendation at least three (3) days prior to the city commission hearing on the application.

   F.   The city commission shall hold a public hearing on the application, at which time the zoning commission's recommendation is considered and public testimony received. The city commission may by ordinance approve, deny or change the recommendation of the zoning commission.

   G.   The recommendations of the zoning commission, and the decisions of the city commission, are based upon the considerations and factors set forth in sections 76-2-301 through 76-2-305 Montana Code Annotated. The city commission shall set forth its reasons in written findings and conclusions giving due consideration to each of the matters set forth in section 76-2-304 Montana Code Annotated. (Ord. 3097, 4-7-2008)

If any portion of this title is declared invalid or unlawful by a court of competent jurisdiction, such unlawfulness or invalidity does not affect the validity of this title in its entirety or any of the remaining portions. (Ord. 3097, 4-7-2008)

The community development department shall collect fees before commencing required review procedures. The schedule of fees is posted in the office of the community development department. The fees may be altered or amended only by the city commission by resolution after a public hearing. (Ord. 3097, 4-7-2008)

   A.   Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint that states fully the causes and basis of the complaint, which is filed with the community development department, who will investigate and take appropriate enforcement action.

   B.   If the director of community development or other staff finds that any provision of this title is being violated, the person responsible for such violation is to be notified and ordered to take corrective action.

   C.   Violating any of the provisions of this title, or failing to comply with any of its requirements constitutes a misdemeanor. Any person who violates this title or fails to comply with any of its requirements may, upon conviction thereof, be fined not more than five hundred dollars ($500.00), and in addition may be ordered to pay all costs and expenses involved in the case. Each day such violation continues is considered a separate offense and punishable as such.

   D.   The owner or tenant of any building, structure, premises, and an architect, builder, contractor, agent, or other person, who purposely or knowingly commits, participates in, assists in, or maintains any such violation, are accountable for violations under this title and may suffer the penalties herein provided.

   E.   If a violation of this title occurs, the city, in addition to other remedies, may institute other appropriate actions or proceedings:

      1.   To prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;

      2.   To restrain, correct, or abate such violation;

      3.   To prevent any illegal act, conduct, business, or use in or about such premises; and

      4.   To prevent the occupancy of any such building, structure, or land. (Ord. 3097, 4-7-2008)