11-2-2: INTENT OF ZONING DISTRICTS:

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)

11-2-2: INTENT OF ZONING DISTRICTS:

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)

11-2-3: LAND USE TABLE FOR ZONING DISTRICTS:

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:

P	=	The use is permitted in the district by right, consistent with applicable development standards.
CUP	=	The use is allowed in the district through the conditional use process.
NP	=	The use is not permitted in the district.

TABLE 1
PRINCIPAL LAND USES BY DISTRICT

Use

OSR

R-U

R-1/
R-2

R-3

R-4/
R-O

B-1

B-2

B-3

CLM

M-I

PLI

Airport

Supplemental Requirements

Residential uses:

Community residential facility, type I, 1 - 12 residents

CUP

B-2, B-3, CLM, and M-I districts, see subsection 11-2-5A of this chapter

DT and TR districts, see subsections 11-2-5A and 11-2-5B of this chapter

Community residential facility, type II, 13 or more residents

CUP

B-2, B-3, CLM, and M-I districts, see subsection 11-2-5A of this chapter

DT and TR districts, see subsections 11-2-5A and 11-2-5B of this chapter

Mobile home park

CUP

See chapter 7 of this title

Residence, single-dwelling unit

B-2, B-3, and CLM, districts, see subsection 11-2-5A of this chapter

DT and TR districts, see subsections 11-2-5A and 11-2-5B of this chapter

Residence, two-dwelling units

CUP

B-2, B-3, CLM, and M-I districts, see subsection 11-2-5A of this chapter

DT and TR districts, see subsections 11-2-5A and 11-2-5B of this chapter

Residence, multiple- dwelling units (3 or more units)

CUP

For the DT and TR districts, see subsections 11-2-5A and 11-2-5B of this chapter

Nonresidential uses:

Agricultural uses:

Community Gardens

Commercial Nursery

Horticulture

Community services/uses:

Administrative government agency

Animal shelter

Community center

Community cultural facility

CUP

Correctional facility

CUP

Prerelease center

CUP

Public safety facility

CUP

Worship facility

CUP

Education:

Kindergarten, Pre-schools, Elementary Schools

CUP

Middle Schools

CUP

High Schools

CUP

Instructional facility

Food and beverage sales:

Casino

CUP

See chapter 40 of this title

Food Trucks

Kiosks

Restaurant

P/CUP

Airport District, see subsection 11-2-5F2 of this chapter

Restaurant, drive- in

Specialized food production

Tavern

P/CUP

Airport District, see subsection 11-2-5F2 of this chapter;

PLI District, see subsection 11-2-5E of this chapter

Healthcare:

Healthcare facility

CUP

Healthcare office

CUP

Industrial/manufacturing:

Contractor yard

CUP

Industrial, heavy

CUP

Industrial, light

CUP

Junkyard

CUP

Motor vehicle wrecking facility

CUP

Marijuana sales/operations:

Cultivation

See subsection 11-2-5(I) of this chapter

CLM/M-I, See subsection 11-2-5(I)(2)(a) and 11-2-5(I)(2)(b)

Dispensary

See subsection 11-2-5(I) of this chapter

Manufacturer

See subsection 11-2-5(I) of this chapter

Testing Laboratory

See subsection 11-2-5(I) of this chapter

Transporter facility

See subsection 11-2-5(I) of this chapter

Overnight accommodations:

Bed and breakfast no more than eight (8) guest rooms

CUP

Bed and breakfast no more than fifteen (15) guest rooms

Boarding house 1-3 residents

Boarding house 4-20 residents

Campground/RV park

Emergency shelter

CUP

Hotel/motel

Recreation, Entertainment:

Indoor entertainment, sports and recreation

CUP

Open space

Outdoor entertainment, sports and recreation

CUP

Parks/playgrounds

CUP

Rental and repair:

General repair

CUP

R-3, R-O and B-1 Districts, see subsection 11-2-5E of this chapter

Large equipment rental

Small equipment rental

Sales:

Agriculture supply sales

Auction sales

Construction material sales

General retail sales

CUP

General retail sales, small scale 1,000 square feet or less

CUP

Manufactured housing sales

Medical marijuana dispensary

See subsection 11-2-5G

Sexually oriented business

CUP

Services:

Artisan shop

CUP

Commercial kennel

CUP

Crematorium

Daycare center

CUP

See chapter 38 of this title

Daycare, home

CUP

See chapter 38 of this title

Financial services

CUP

Funeral home

General services/
professional offices

CUP

Veterinary clinic, large animals

CUP

Veterinary clinic, small animals

Storage:

Fuel tank farm

CUP

Ministorage facility

CUP

Storage facility, outdoor

CUP

Warehouse

CUP

Temporary uses by district:

On site construction office

Outdoor concerts and theatrical performances

Transportation:

Airport

Bus terminal

CUP

Freight terminal

Parking lot

CUP

See chapter 22 of this title

Parking structure

CUP

Railroad yard

Utilities:

Communication tower

CUP

Composting facility

Recycling center

Recycling facility, mobile

Utility, major

CUP

Utility, minor

Utility, small scale energy production

Vehicle trade and service:

Vehicle fuel sales

Airport District, see subsection 11-2-5D of this chapter

Vehicle repair

Vehicle sales and rental

Airport District, see subsection 11-2-5D of this chapter

Vehicle services

(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)

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