A.   A structure or parcel of land may not be used for any purpose unless that use is shown in section 11-2-3, table 1 of this chapter as permitted in the district in which the structure or land is located. An accessory use that is incidental and secondary to the principal use is permitted in any district in which the principal use is permitted.

   B.   These regulations are minimum regulations and apply uniformly to each class or kind of structure or land, except as otherwise provided in this title.

   C.   A building, structure, or parcel of land may not be used or occupied unless it conforms to all of the regulations specified in this chapter for the district in which the use is located.

   D.   All planned unit development districts and the approved development plans that were in existence prior to enactment of this title remain in existence and their development plans remain in effect, but they are subject to amendment or adjustment in accordance with this title.

   E.   Any of the following zoning districts may be overlaid by, or subjected to the regulations of, certain other districts established by this title in accordance with the provisions thereof.

   F.   The off street loading and parking, landscaping, screening, and dimensional requirements of this title are required unless specifically exempted in those respective chapters. (Ord. 3097, 4-7-2008)

The city is hereby divided and classified into the following zoning districts that are intended to provide for development in conformance with the system of services available, the slope of the land, or any other limiting factors to serve such development while preserving the quality of the area. These zoning districts are described as follows:

   A.   The OSR (open space/residential) district primarily provides for residential development consistent with physical constraints, the natural capacity of the land, and available public and private services. The regulations seek to minimize danger from wildland fires, stormwater flooding, soil erosion, and other environmental hazards. The regulations also seek to mitigate traffic hazards, protect the natural scenic character of hillside areas, promote the safety and well being of property owners, and ensure the efficient expenditure of public funds.

   B.   The R-1/R-2 (residential) districts provide for residential dwellings and limited nonresidential development that protects and enhances the residential nature of the area.

   C.   The R-3 (residential) district provides for the development of a mixture of residential structures to serve varied housing needs and allows limited compatible nonresidential uses.

   D.   The R-4/R-O (residential-office) districts provide for a compatible mix of higher density residential development with professional and business offices and associated service uses.

   E.   The R-U (residential-urban) districts provide for stand alone single or duplex structures, and a compatible mix of professional and business offices and associated service uses.

   F.   The B-1 (neighborhood business) district provides for a compatible mixture of residential, public, and small scale commercial uses that serve as transitions between zoning districts.

   G.   The B-2 (general commercial) district provides for compatible residential uses and a broad range of commercial and service uses that serve large areas of the City and that are normally required to sustain a community.

   H.   The B-3 (Central Business) District is the central focus of the City's business, government, service, and cultural activities, and allows compatible residential development.

   I.   The DT (Downtown) District is intended to encourage the creation and preservation of mixed-use development opportunities, including a wide range of housing options serving a wide range of incomes and demographics; to provide for the protection and enhancement of historic and cultural resources; to establish minimum requirements and responsibilities for the installation of public improvements in support of redevelopment; and to encourage desirable site design for all development occurring in the district. These aspects are all essential for the development of a diverse, dynamic and desirable city environment.

   J.   The TR (Transitional Residential) District is intended to provide a buffer between the mixed-use, urban core of Helena, the Downtown (DT) District, and the residential districts bordering it to the east and west by offering ground-floor story residential uses by right and a height limitation to ease structure height differentials between the Downtown District and surrounding districts.

   K.   The CLM (Commercial-Light Manufacturing) District provides for the community's commercial and light manufacturing needs. These uses generally need access to the City's transportation amenities and should be located to reduce adverse impacts upon residential neighborhoods in the City.

   L.   The M-I (Manufacturing and Industrial) District provides for manufacturing and other industrial uses.

   M.   The PLI (Public Lands and Institutions) District provides for and applies only to public and quasi-public institutional uses and lands, and recreational, educational, and public service activities for the general benefit of the citizens of the City.

   N.   The T (Transitional) District provides for an orderly and harmonious transition between zoning districts where appropriate. Each Transitional District has unique standards and is intended to be temporary and phased out over time.

   O.   The Airport District provides for airport uses and facilities necessary for the operation, maintenance, and protection of airports. Associated retail and service uses, public institutional uses, aeronautical related manufacturing, public service, and limited recreational activities are also permitted.

(Ord. 3097, 4-7-2008; amd. Ord. 3222, 9-26-2016; amd. Ord. 3256, 6-24-2019)

Permitted, conditionally permitted, and not permitted uses for the zoning districts are shown in table 1 of this section. The key for this table is as follows:

 

 

TABLE 1
PRINCIPAL LAND USES BY DISTRICT

 

(Ord. 3222, 9-26-2016; amd. Ord. 3254, 5-20-2019; Ord. 3256, 6-24-2019; Ord. 3304, 11-21-2022; Ord. 3310, 5-22-2023)

For the purpose of this title, certain land uses are defined below. These definitions have been separated by type of land use for ease of reference.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Ord. 3097, 4-7-2008; amd. Ord. 3104, 11-3-2008; Ord. 3112, 5-18-2009; Ord. 3129, 8-23-2010; Ord. 3148, 12-19-2011; Ord. 3254, 5-20-2019; Ord. 3304, 11-21-2022; Ord. 3310, 5-22-2023)

A.   OSR (Open Space/Residential) District Requirements:

   1.   Density:

      a.   Clustered Development: Detached, single-dwelling unit, residential uses may be clustered on a tract of land or contiguous tracts of land of one or more acres in size and developed as a single development. The overall density of such a cluster development may not exceed one unit per acre.

      b.   Additional Density Restrictions: Density may be further restricted by constraints related to accessibility, depth to bedrock, and slope as required by the City-County Health Department for sanitation requirements or as specified in this section.

   2.   General Requirements: General development requirements of this district are as follows:

      a.   Development Permit Required: Any and all construction on any parcel requires a development permit prior to construction.

      b.   Improvements: All necessary improvements must be installed or financially guaranteed.

      c.   Stormwater Drainage: Natural drainageways may not be altered and construction is not permitted in drainageways unless approved by the City Engineer.

      d.   Access: All roads and individual driveways must conform to the South Hills plan (SHP) road construction standards, and road easements must be provided to the Community Development Department.

   3.   Development Permit Requirements: The applicant must provide the following prior to issuance of a development permit:

      a.   Stormwater Drainage:

         (1)   A stormwater drainage plan to be reviewed and approved by the City Engineer.

         (2)   Drainage easements with a minimum of twenty feet (20') on each side of the center of the drainageway must be granted to the city as required by the city engineer.

      b.   Access: A registered engineer's verification that access to the property through public and private roads and driveways has been constructed in conformance with the road standards of the SHP.

      c.   Slope Stabilization And Sediment Control: A county approved erosion and sediment control plan.

      d.   Septic Permit: An approved county septic permit.

      e.   Weed Control Plan: An approved county revegetation plan and, if required by the county weed district, an approved weed management plan.

      f.   Fire Protection: A plan showing that the development is designed, constructed, and maintained so as to minimize the risk of fire and to permit the effective and efficient suppression of fires. The plan must also show whether the development is or will be in a fire district or a fire service area. The plan must show how the design, construction, and maintenance will accomplish the following:

      (1)   Structures must be located in such a manner as to minimize the potential for flame spread and to permit efficient access for firefighting equipment.

      (2)   High fire hazard areas include heads of draws, excessive slopes, dense forest growth, or other hazardous wildfire components. For development proposed in areas subject to high wildfire hazard, as determined by the appropriate fire protection agency or by the city if no fire protection agency exists, the following standards apply:

         (A)   Road rights of way must be cleared of slash.

         (B)   Building sites are prohibited on slopes greater than thirty percent (30%) and at the apex of "fire chimneys" (those topographic features, usually drainageways or swales, which tend to funnel or otherwise concentrate fire toward the top of steep slopes).

         (C)   Densities in areas of steep slopes or dense forest growth are determined by the minimum lot standards as follows:

 

 

      g.   Assigned Address: An address assigned to the property by the appropriate agency.

   4.   Site Plan: Prior to issuance of a development permit, a detailed site plan must be submitted to the city building department for review and approval. Site plan information can be shown on the certificate of survey that is filed with the clerk and recorder. This site plan must provide the following information:

      a.   Boundary dimensions of the property showing all corners;

      b.   Distances of structures from public rights of way;

      c.   Location and width of all access easements across the property, as well as location and width of access to the individual property;

      d.   Location and width of physical drainage easements, including retention areas, on the property;

      e.   Location and size of culverts on the property;

      f.   Location of the residential structure, septic tank, and drain field; and

      g.   Location and width of utility easements on the property.

B.   B-1 (Neighborhood Business) District Limitations On Uses:

   1.   Retail or service uses located in any building that was constructed or expanded after March 25, 1998, may not utilize more than five thousand (5,000) square feet in gross floor area, except as allowed by a conditional use permit.

   2.   Each retail or service use in this district must be conducted only in a completely enclosed building.

C.   B-2, B-3, DT, CLM, And M-I Districts; Residential Uses: Residential uses in the B-2, B-3, DT, CLM, and M-I Districts are permitted by right in a story that is above the retail or commercial use. A conditional use permit is required for residential uses that are above industrial uses.

D.   For Downtown and Transitional Residential Districts supplemental requirements refer to Chapter 9.

E.   PLI District: Taverns that are accessory to a permitted use in the PLI district are permitted.

F.   Airport District: The following apply:

   1.   Use of fuel tanks is limited to storage of aviation fuel and fuel for maintenance facilities and rental cars; and

   2.   Restaurants and taverns are permitted inside a terminal building and conditional uses outside the terminal building.

G.   R-3, R-O, And B-1 Districts: In the R-3, R-O, and B-1 Districts outdoor storage is not allowed as part of the use for general repair.

H.   Public Hearing On Placement Of Facilities: The City Commission shall hold a public hearing on the placement of facilities for major utilities, water tanks, and water reservoirs. Notice of the hearing must be given no less than three (3) days prior to the hearing by advertising in a newspaper of general circulation. In approving the site the City Commission may impose reasonable conditions related to mitigation of visual and sensory impacts and public health and safety. The commission may deny the facility location if there is an alternate site that is equally appropriate or if there is not a public need for the facility. All applications for approval of the construction and operation of facilities must be accompanied by an application fee as set by resolution of the commission. No application may be processed without prepayment of said fee.

I.   Marijuana Sales and Operations:

   1.   Distance and Location

      a.   Any business engaged in the sale of marijuana or marijuana products shall not be located:

         (1)   Within five hundred (500) feet of and on the same street as a public or private K-12 school or any daycare facility. This distance must be measured in a straight line from the center of the nearest entrance of the school or daycare to the nearest entrance of the licensee’s premises.

         (2)   Within five hundred (500) feet straight line distance from the closest edge of the premises to the closest boundary of any public building, facility, or park owned and operated by the City of Helena.

      b.   Any business engaged in the cultivation or manufacture of marijuana or marijuana products shall not be located:

         (1)   Within one thousand (1,000) feet of and on the same street as a public or private K-12 school or any daycare facility. This distance must be measured in a straight line from the center of the nearest entrance of the school or daycare to the nearest entrance of the licensee’s premises.

         (2)   Within one thousand (1,000) feet straight line distance from the closest edge of the premises to the closest boundary of a property zoned R-U, R-1/R-2, R-3, or R-4/R-O.

         (3)   Within five hundred (500) feet straight line distance from the closest edge of the premises to the closest boundary of any public building, facility, or park owned and operated by the City of Helena.

         (4)   Within five hundred (500) feet of and on the same street as any building used exclusively as a church, synagogue, or other place of worship. This distance must be measured in a straight line from the center of the nearest entrance of the school or daycare to the nearest entrance of the licensee’s premises.

   2.   Cultivation Facilities

      a.   Any cultivation facility with a total canopy area up to one thousand (1,000) square feet may be a permitted use by right in a CLM zoning district.

      b.   Any cultivation facility with a canopy area greater than one thousand (1,000) square feet shall be located in the M-I zoning district.

      c.   All cultivation operations must be located indoors, and marijuana plants may not be visible by normal unaided vision from the exterior of the facility.

      d.   All marijuana plants must be located in a secured and locked space.

   3.   Air Discharge

      a.   Any marijuana cultivation or manufacturing facility must provide a forced air vent discharge point that provides a mechanical filtration system to control discharges of particulates and odors.

   4.   Existing medical marijuana dispensaries and grow operations

      a.   All medical marijuana dispensaries and grow operations within the city limits that are duly licensed and authorized to conduct a medical marijuana dispensary or grow operation by the city and State of Montana before the effective date of the adopting ordinance from which this section derives are exempt from the above requirements and may continue to operate either as a medical marijuana facility or as a newly state licensed non-medical facility in the established location at the size and capacity as originally licensed.

      b.   Where a change in permitted zoning districts by the adoption of the amending ordinance causes the existing facility to be considered non-conforming, said operation may continue to conduct both the medical operation, or as a non-medical facility, in the originally established location and at the size and capacity as originally licensed.

(Ord. 3097, 4-7-2008; amd. Ord. 3254, 5-20-2019; Ord. 3256, 6-24-2019; Ord. 3310, 5-22-2023)