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 Land Use Plan and Future Land Use Map.

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

   C.   The city shall review proposed annexations in conjunction with the zoning regulation applicable to the property proposed for annexation, following the procedure set forth for all zoning map amendments and as authorized by Section 76-25-305, Montana Code Annotated.

   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; amd. Ord. 3330, 4-6-2026)

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

   A.   Authority and Function: The planning commission shall exercise all authority and functions as provided in Resolution #20886 and all amendments thereto, and 76-25-104, Montana Code Annotated.

   B.   Powers and Duties.

      1.   The planning commission shall review and make recommendations to the City Commission regarding the development, adoption, amendment, review, and approval or denial of Zoning Regulations and Map as provided for in Title 76, Chapter 25, Part 3, Montana Code Annotated.

      2.   The planning commission shall hear and decide appeals from any site-specific land use decisions made by the planning administrator pursuant to the Zoning Ordinance as adopted by the City Commission.

      3.   Decisions of the planning commission may be appealed to the city commission as outlined in Section 11-1-9 and as provided for in 76-25-503, Montana Code Annotated.

(Ord. 3097, 4-7-2008; amd. Ord. 3330, 4-6-2026)

   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.   Planning Administrator Decisions: Decisions of the planning administrator, including but not limited to approval or denial of a conditional use permit or imposition of conditions on a conditional use permit, the approval or denial of a zoning permit or commercial site review or the imposition of conditions on a zoning permit or commercial site review, the approval or denial of a variance from the zoning regulations, or interpretation of a land use or zoning regulation or map, may be appealed to the planning commission.

      1.   Appeals must be submitted in writing within fifteen (15) business days of the challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court.

      2.   The planning commission shall hear the appeal de novo. The planning commission is not bound by the decision that has been appealed, but the appeal must be limited to the issues raised on appeal. The appellant has the burden of proving that the appealed decision was made in error.

      3.   A decision of the planning commission on appeal takes effect on the date when the planning commission issues a written decision.

   B.   Planning Commission Decisions: Decisions of the planning commission may be appealed to the city commission.

      1.   Appeals must be submitted in writing within fifteen (15) business days of the challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court.

      2.   The city commission shall hear the appeal de novo. The city commission is not bound by the decision that has been appealed, but the appeal must be limited to the issues raised on appeal. The appellant has the burden of proving that the appealed decision was made in error.

      3.   A decision of the city commission on appeal takes effect on the date when the city commission issues a written decision.

   C.   City Commission Decisions: Decisions of the city commission, including but not limited to adoption or amendment to a land use plan and future land use map, zoning regulation, zoning map, final subdivision plat approval, or subdivision regulation may be made to the district court. A petition setting forth the basis of the challenge must be presented to the district court within thirty (30) days of the date of the resolution or ordinance adopted by the city commission.

      1.   A challenge in district court to a final land use decision of the city commission is limited to the issues raised by the challenger on administrative appeal.

      2.   Every final land use decision made pursuant to this section must be based on the administrative record as a whole and must be sustained unless the decision being challenged is arbitrary, capricious, or unlawful.

      3.   Nothing in this section is subject to any provision of Title 2, Chapter 4, Montana Code Annotated.

   D.   No person may challenge in district court a land use decision until that person has exhausted the person's administrative appeal process as provided in this section.

(Ord. 3097, 4-7-2008; amd. Ord. 3330, 4-6-2026)

   A.   Applicability: A proposed amendment to the zoning regulations or zoning map may be initiated by:

      1.   A majority vote of the city commission;

      2.   A petition signed by at least fifteen percent (15%) of the registered electors of the jurisdiction, based on the most recent general election; or

      3.   A property owner, in connection with an application for a zoning, subdivision, or other land use approval.

   B.   Procedures:

      1.   Pre-Application Meeting: Before submitting an application, an applicant must request a pre-application meeting with the planning administrator.

      2.   Application Submittal and Acceptance:

         a.   Application submission materials will address conformance with the Land Use Plan and ensure that proposed zoning changes are:

            (1)   Designed to secure safety from fire and other dangers;

            (2)   Promote public health, public safety, and the general welfare; and

            (3)   Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

         b.   Concurrent Applications: When a project requires approval of multiple application types, the applications may be submitted and reviewed concurrently.

      3.   Completeness Review:

         a.   Deemed by the Planning Administrator: All applications shall be deemed complete before the planning administrator is required to review the application. An application shall be sufficient for processing when it contains all of the information necessary. Applicable legislative timelines shall not begin until an application is determined to be complete.

            (1)   Application Incomplete: On determining whether an application is incomplete, the planning administrator shall provide the applicant with written notice of the submittal deficiencies.

            (2)   Application Complete: On determining whether an application is complete, the planning administrator shall provide written notice to the applicant that the application has been accepted for review.

      4.   Planning Commission Review: Prior to making a recommendation to adopt or amend a zoning regulation or map, the planning commission shall:

         a.   Provide public notice and participation in accordance with 76-25-106, Montana Code Annotated and the adopted public participation plan.

         b.   Accept, consider, and respond to public comment on the proposed zoning regulation, map, or amendment. All public comment will be part of the administrative record transmitted to the city commission.

         c.   The planning commission shall make a preliminary determination as to whether the zoning regulation and map as proposed or as amended would be in substantial compliance with the Land Use Plan, including whether the proposed amendment to a zoning regulation or the zoning map:

            (1)   Accommodates the projected needed housing types identified in section 76-25-206, Montana Code Annotated;

            (2)   Contains five or more specific strategies from section 76-25-302, Montana Code Annotated to encourage the development of housing within the city;

            (3)   Reflects allowable uses and densities in areas that may be adequately served by public safety, emergency, utility, transportation, education, and any other local facilities or services identified by the city in the Land Use Plan;

            (4)   Allows sufficient area for existing, new, or expanding commercial, industrial, and institutional enterprises the city has identified in the Land Use Plan for targeted economic growth;

            (5)   Protects and maximizes the potential use of natural resources within the area, as identified in the Land Use Plan;

            (6)   Minimizes or avoids impacts to the natural environment within the area, as identified in the Land Use Plan; and

            (7)   Avoids or minimizes dangers associated with natural hazards in the city, as identified in the Land Use Plan.

         d.   Preliminary Determination of New or Increased Impacts:

            (1)   The planning commission shall preliminarily determine whether the proposed zoning regulation, map, or amendment results in new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed in the assessment conducted for the Land Use Plan.

            (2)   If the planning commission finds new or increased impacts from the proposed amendment to a zoning regulation or the zoning map, the planning administrator shall collect additional data and conduct additional analysis necessary to provide the planning commission and the public with the opportunity to comment on and consider all potential impacts resulting from adoption of the zoning regulation, map, or amendment.

         e.   Planning Commission Hearing and Recommendation: The planning commission shall conduct a public hearing on the application; review and discuss the application, the staff report, and public comment received; and either:

            (1)   Recommend to approve the proposed amendment to a zoning regulation or the zoning map as presented;

            (2)   Recommend to approve the proposed amendment to a zoning regulation or the zoning map with modifications; or

            (3)   Recommend to deny the proposed amendment to a zoning regulation or the zoning map and direct staff to issue a letter detailing the decision to the applicant.

         f.   City Commission Hearing and Decision: The city commission shall conduct a public hearing on the application, the staff report, planning commission's recommendation, and public comment received; and either:

            (1)   Approve the proposed amendment to a zoning regulation or the zoning map as presented;

            (2)   Approve the proposed amendment to a zoning regulation or the zoning map with modifications; or

            (3)   Deny the proposed amendment to a zoning regulation or the zoning map and direct staff to issue a letter detailing the decision to the applicant.

      5.   Review Criteria: The city commission shall not approve a proposed amendment to a zoning regulation or the zoning map unless the city commission finds that:

         a.   The proposed amendment to a zoning regulation or the zoning map is in substantial compliance with the Land Use Plan; and

         b.   The impacts resulting from development in substantial compliance with the proposed amendment to a zoning regulation or zoning map have been made available for public review and comment and have been fully considered.

(Ord. 3097, 4-7-2008; amd. Ord. 3330, 4-6-2026)

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.   Prior to seeking civil penalties, if the planning administrator or other staff finds that any provision of this title is being violated, the city shall provide:

      1.   Written notice, by mail or hand delivery, of each ordinance violation to the address of the owner of record on file in the office of the county recorder;

      2.   A reasonable opportunity to correct a noticed violation; and

      3.   A schedule of the civil penalties that may be imposed on the owner for failure to correct the violation within a specified period of time.

   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) per day for each violation. Each party shall pay their own costs and attorney fees. 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; amd. Ord. 3330, 4-6-2026)