11-2-3: LAND USE TABLE FOR 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)

11-2-4: LAND USE DEFINITIONS FOR ZONING DISTRICTS:

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.

RESIDENTIAL USES

BOARDING HOUSE:	A building other than a hotel or motel that has individual sleeping rooms for up to twenty (20) persons and where utility facilities for eating, cooking and sanitation are shared.
COMMUNITY RESIDENTIAL FACILITY:	A facility licensed by a governmental agency and providing care on a twenty-four (24) hour a day basis and as defined by State law. Includes the following:
COMMUNITY FACILITY, TYPE I:	A community residential facility serving twelve (12) or fewer individuals.
COMMUNITY FACILITY, TYPE II:	A community residential facility serving thirteen (13) or more individuals.
HOME OCCUPATION:	An occupation, business, or activity that is carried on entirely within a residence and is incidental and secondary to the use of the premises as a residence. Home occupations are subject to the provisions of chapter 26 of this title.
MANUFACTURED HOME:	A structure suitable for human habitation that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities.
MOBILE HOME PARK:	A parcel of land that has been planned and improved for the placement of mobile homes for residential use in accordance with the provisions of this title.
MULTIPLE-DWELLING UNITS RESIDENCE:	A building containing three (3) or more dwelling units for occupancy by three (3) or more groups living separately from each other, including condominiums.
SINGLE-DWELLING UNIT RESIDENCE:	A single building situated on one lot that contains one dwelling unit. This includes manufactured homes, factory-built homes, homes built on site, and townhouses, but excludes mobile homes.
TWO-DWELLING UNIT RESIDENCE:	Two (2) dwelling units that are situated on one lot.

NONRESIDENTIAL

Agricultural Uses

COMMUNITY GARDEN:	A piece of land gardened by a group of people, utilizing either individual or shared plots on private or public land while producing fruit, vegetables, and/or plants.
HORTICULTURE:	The production, keeping, maintenance, or cultivation of a garden or orchard to grow fruits, vegetables, flowers, or ornamental plants, excluding medical marijuana grow operations.
MEDICAL MARIJUANA GROW OPERATION:	An agricultural enterprise or facility engaged in growing medical marijuana for commercial purposes.

Community Uses

ANIMAL SHELTER:	A place that temporarily houses stray animals and may include a crematorium.
COMMUNITY CENTER:	A noncommercial building, or portion thereof used for short term and intermittent meetings or gatherings of individuals that are generally open to the public for purposes of recreation, sharing information, entertainment, socializing, or similar activities, and includes fraternal, social or civic clubs, lodges, and union halls.
COMMUNITY CULTURAL FACILITY:	A place used for studying, reading, personal education, or for viewing the visual arts such as libraries, museums, art galleries, and observatories.
CORRECTIONAL FACILITY:	Prisons and jails for the detention of persons awaiting trial or sentenced as punishment for criminal offenses, including youth detention facilities.
PRERELEASE CENTER:	A community corrections facility or program as defined by state law.
PUBLIC SAFETY FACILITY:	A place used or intended to be used to house public safety services, including ambulance services, fire stations, police stations, emergency management, and courts.
WORSHIP FACILITY:	A building designed and used for public worship by a religious body, group, sect, or organization.

Education

ELEMENTARY SCHOOL:	A school focused on educating students in grades 1 through 5. Can include kindergarten.
HIGH SCHOOL:	A school focused on educating students in grades 9 through 12.
INSTRUCTIONAL FACILITY:	A place that prepares students for jobs in trades or professions, including vocational schools, or offers training, instruction, or tutelage in areas such as performing arts and sciences. This definition includes colleges.
KINDERGARTEN:	A school focused on educating students of ages 4 through 6.
MIDDLE HIGH SCHOOL:	A school focused on educating students in grades 6 through 9.
PRE-SCHOOL:	A school focused on educating students of ages 3 through 5.

Food And Beverage

CASINO:	Defined in chapter 40 of this title.
DRIVE-THRU RESTAURANT:	Any retail establishment preparing and serving food or drink that is not consumed solely within the confines of the building in which the food is prepared and has a drive-thru window and stacking lane.
DRIVE-IN RESTAURANT:	Any retail establishment preparing and serving food or drink that is not consumed solely within the confines of the building in which the food is prepared and has parking for drive-in customers.
FOOD TRUCK:	A mobile vehicle, such as a van or trailer, equipped with facilities to cook, prepare, and/or sell food.
KIOSK:	A drive-thru only structure with no interior seating or counter, from which commercial items are sold. Please see the definition of “structure.”
RESTAURANT:	A place for the preparation and sale of food and beverages for consumption on the premises, and where consumption of beer, wine, or other alcohol, if any, is complimentary and subordinate to the sale of food and that does not have a gambling license. This definition allows for carry-out services, but not a drive-thru window.
SPECIALIZED FOOD PRODUCTION:	The production of food products for direct sale to consumers for on-site and off-site consumption including, but not limited to, roasting of coffee beans and the manufacture of coffee beverages, microbreweries manufacturing malt or liquor not exceeding the production of ten thousand (10,000) barrels annually, and bakeries.
TAVERN:	Any establishment licensed by the state of Montana with a quota restricted license for the retail sale of any alcoholic beverage for on premises consumption. A restaurant that has a quota restricted license and gambling license is a tavern. This does not include premises upon which any alcoholic beverage is catered and sold for on premises consumption to persons attending a special event; premises upon which alcoholic beverages are served pursuant to a special alcohol beverage license; or premises upon which the alcohol beverage license is restricted to premises with a special use or ownership. Sale of alcoholic beverages on property for which only special licenses have been issued is considered an accessory use to the property's primary use.

Healthcare

HEALTHCARE OFFICE:

A place providing medical services without overnight accommodations for prevention, diagnosis, treatment, or rehabilitation, including dental clinics, doctors' offices, public health centers, and outpatient medical facilities.

HEALTHCARE FACILITY:

A place used or intended to provide health services, medical treatment, nursing care, or rehabilitative or preventive care to any person or individual. This term includes ambulatory surgical facilities, hospitals, kidney treatment centers, long term care facilities such as hospitals and nursing homes, medical assistance facilities, mental health centers, public health centers, residential treatment facilities, and rehabilitation facilities.

Industrial/Manufacturing

CONTRACTOR YARD:	A place used for the storage of construction material, machinery, or repair, including trucks and heavy equipment, shops, and office space.
INDUSTRIAL, HEAVY:	The processing or manufacturing of materials or products predominantly from extracted or raw materials; storage of or manufacturing processes using flammable or explosive materials; or storage of or manufacturing processes that potentially involve hazardous or offensive conditions.
INDUSTRIAL, LIGHT:	The manufacture of finished products or parts, predominantly from previously prepared materials, including assembly, processing, fabrication, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing. Typical uses include assembly of computers and electronics, testing and production laboratories, packaging of premade goods, furniture production, metal fabrication, apparel manufacturing, printing, publishing, and heavy equipment repair.
JUNKYARD:	A place for selling, exchanging, storing, cleaning, packing, processing, or otherwise handling salvage materials.
MOTOR VEHICLE WRECKING FACILITY:	A place used for the collection of wrecked or disabled motor vehicles prior to their disposal for buying, selling, wrecking, dismantling, disassembling, or substantially changing the form of the motor vehicle.

Marijuana Sales/Operations

CANOPY:	The total amount of square footage dedicated to live plant production at a licensed premises consisting of the area of the floor, platform, or means of support or suspension of the cannabis plant.
CULTIVATION:	The planting, growing, harvesting, and drying of cannabis and the packaging and relabeling marijuana produced at the location in a natural or naturally dried form that has not been converted, concentrated, or compounded for sale.
CULTIVATION FACILITY:	A single facility licensed by the State of Montana in which the cultivation of cannabis is conducted.
DISPENSARY:	A licensed premises from which a person licensed by the State of Montana may obtain marijuana products from a licensed cultivator, manufacturer, or dispensary and sell marijuana or marijuana products to registered card holders, adults that are twenty-one (21) years or older of age or older, or both.
MANUFACTURER:	A person licensed by the State of Montana to convertor compound marijuana into marijuana products, marijuana concentrates, or marijuana extracts and package, repackage, label, or relabel marijuana products.
TESTING LABORATORY:	A qualified person licensed by the State of Montana who provides testing of representative samples of marijuana and marijuana products and provides information regarding the chemical composition and potency of a sample, as well as the presence of mold, pesticides, or other contaminates in a sample.
TRANSPORTER FACILITY:	A licensed person and related facility used in the transportation of marijuana and marijuana products from one marijuana business to another marijuana business, or to and from a testing laboratory, and to temporarily store the transported retail marijuana and retail marijuana products at its licensed premises but is not authorized to sell marijuana or marijuana products to consumers.

Overnight Accommodations

BED AND BREAKFAST:	A private, owner-occupied residence other than a hotel, motel, or multiple-unit dwelling, with guestrooms used for temporary accommodation of guests for compensation, and that may serve meals to its guests.
CAMPGROUND/RV PARK:	A place for camping using tents, cabins, recreational vehicles, or other similar accommodations. This includes accessory uses such as a laundromat and retail sales for the convenience of campground guests.
EMERGENCY SHELTER:	Temporary housing and ancillary services for primarily indigent, needy, homeless, or transient individuals.
HOTEL OR MOTEL:	A building or group of attached or detached buildings containing individual sleeping or living units, designed or used for temporary accommodation of guests for compensation.

Recreation, Indoor

ENTERTAINMENT, SPORTS, AND RECREATION, INDOOR:

A place for indoor activities such as movie theaters, dance halls, theaters for performing arts, bowling alleys, skating rinks, billiard and pool halls, arcades, athletic clubs, courts and training centers, and gyms.

Recreation, Outdoor

ENTERTAINMENT, SPORTS, AND RECREATION, OUTDOOR:	Leisure activities, usually organized and enjoyed with a gathering of others that may use equipment and take place at prescribed places, sites, or fields for permanent outdoor, spectator type uses or events, including racetracks, motocross courses, sports arenas, concerts, and zoos.
OPEN SPACE:	A place used for recreation or long-term preservation and conservation of wildlife habitat, cultural, historic, or natural resources, agricultural interests, or aesthetic values of its natural state.
PARK:	A place used for recreational activities or leisure time, such as playgrounds, baseball fields, tennis and basketball courts, swimming pools, and ice rinks.

Repair And Rental

GENERAL REPAIR:	Fixing or mending of consumer goods, including apparel and individual personal property, but excluding repair of vehicles or industrial equipment.
LARGE EQUIPMENT RENTAL:	Rental of large equipment and supplies, including trucks, vertical lifts, forklifts, backhoes, heavy equipment, and modular buildings.
SMALL EQUIPMENT RENTAL:	Rental of small equipment and supplies, including hand tools, party equipment, lawn care, and yard equipment.

Sales

AGRICULTURE SUPPLY SALES:	The retail sale of goods and products unique to and directly related to farming and ranching operations, including agricultural supplies and equipment and machinery sales and repair.
AUCTION SALES:	Sales by auctioning consumer products, but excluding vehicle and livestock auctions.
AUCTION SALES, LIVESTOCK:	Sales by auctioning live animals including but not limited to cattle, horses, pigs, and goads.
CONSTRUCTION MATERIAL SALES:	The wholesale or retail sale of bulk construction materials such as roofing, lumber, bricks, and component building parts. This term does not include on site manufacturing of construction material.
GENERAL RETAIL SALES:	The retail sale of a diverse product line of consumer goods and products.
MANUFACTURED HOUSING SALES:	The on-site display and sale of mobile homes, modular homes, and manufactured housing.
MEDICAL MARIJUANA DISPENSARY:	A registered premises from which a provider or marijuana-infused products provider is approved by the Montana Department of Health and Human Services to dispense marijuana or marijuana-infused products to a registered cardholder.
NURSERY, COMMERCIAL:	A location for growing, and retail or wholesale selling of commercial plants, shrubs, trees, and accessory products such as but not limited to mulch, stones, and compost.
SEXUALLY ORIENTED BUSINESS:	A business that primarily offers goods, services, and entertainment for compensation that appeal to the prurient interest of adults, including escort agencies, nude modeling studios, sexual encounter centers, and related services.

Services

ARTISAN SHOP:	A place used or intended for creating works of art or small-scale production of handmade craft items, including paintings, sculptures, pottery, jewelry, handblown glass, small wooden items, candles, soaps, and lotions.
COMMERCIAL KENNEL:	A for-profit place housing any combination of three (3) or more dogs, cats, or other domesticated animals over six (6) months of age for the purpose of boarding, breeding, training, or sale, including dog training centers, but excluding animal hospitals, animal grooming parlors, and pet shops.
CREMATORIUM:	A place other than part of a funeral home used for the cremation of human or animal dead.
FINANCIAL SERVICES:	Banking and financial services such as banks, savings and loan institutions, lending institutions, and check cashing facilities, but not including automated teller machines that are an accessory use to other commercial enterprises.
FUNERAL HOME:	A place for the care and preparation of human dead for burial, including mortuaries.
GENERAL SERVICES:	Professional and personal care services where customers come to the property for the service, including but not limited to photography, fitness, weight loss, postal, hairstyling, pet grooming, copying and printing, laundry and dry cleaning services, and tattooing establishments.
PROFESSIONAL OFFICES:	Facilities where customers may come to the property for the service, which may include but is not limited to engineering, accounting, legal, architectural, real estate, and insurance. Services provided to businesses such as data processing centers, public relations, advertising, and customer service centers via telecommunications. This includes trade offices such as electricians and plumbers.
VETERINARY CLINIC:	Provides medical care of animals, including office space, medical labs, appurtenant facilities, and enclosures or kennels for animals under the immediate medical care of a veterinarian, including pet clinics, dog and cat hospitals, and animal hospitals. A large animal veterinary clinic specializes in the care and treatment of livestock such as cattle, hogs, sheep, goats, horses, llamas, ostriches and emus. A small animal veterinary clinic specializes in the care and treatment of small creatures such as poultry, fish, furbearing animals, rabbits, dogs, cats, snakes, lizards, birds, and other household pets.

Storage

FUEL TANK FARM:	The commercial bulk storage of petroleum products or any other fuel.
MINI-STORAGE FACILITY:	Multiple storage units or a parcel of land rented, leased, or owned for storage of personal property.
STORAGE FACILITY, OUTDOOR:	A parcel of land that allows outdoor storage to be rented, leased or owned for storage of personal property such as boats, vehicles or recreational trailers.
WAREHOUSE:	A building or portion thereof used to store goods and materials for wholesale, temporary storage, and distribution, including moving and storage facilities, or a truck terminal that stores freight for reshipment or routing. This definition includes a freight terminal, a place for the temporary storage of items that will be loaded and unloaded onto ground transportation for shipment, including agricultural commodities.

Temporary Uses

ON-SITE CONSTRUCTION OFFICE:	A temporary building used by a contractor as a field office for and during construction, with no overnight occupancy, that is removed when construction is complete.
OUTDOOR CONCERTS AND THEATRICAL PERFORMANCES:	A public performance of music, plays, or dance given by one or more singers, instrumentalists, dancers, or actors.
TEMPORARY USE:	A use that is not intended to be permanent.

Transportation

AIRPORT:	A place used for landing, parking, loading, unloading, departure, and storage and maintenance of airplanes, helicopters, and aircraft. This term also includes accessory uses.
BUS TERMINAL:	A place used for the service and storage of buses, loading and unloading of bus passengers and freight, and includes facilities for ticket sales and food service that are primarily intended for bus passengers.
PARKING LOT:	An open area, other than a public right-of-way, used for off street paid parking of motor vehicles. Not to include required parking as indicated in Chapter 22.
PARKING STRUCTURE:	A multilevel structure used for off street parking of motor vehicles.
RAILROAD YARD:	A place used for switching, loading, unloading, service, maintenance, and storage of railroad cars and engines.

Utilities

COMMUNICATION TOWER:	A non-occupied structure exclusively for a cellular enabled mobile device site where antennae and electronic communications equipment are placed to create a cell (or adjacent cells) in a cellular network.
COMPOSTING FACILITY:	A place used for collecting, processing, and mixing leaves, straw, grasses, and other like vegetable matter with other materials to produce fertilizer and soil conditioner, including storage and manipulation of materials prior to, during, and following composting.
RECYCLING CENTER:	A place for collecting or processing recoverable materials such as glass, newspaper, metal, and plastic for shipment to others for reuse of those materials, but not including a junkyard.
RECYCLING FACILITY, MOBILE:	A moveable station designed for the collecting of recoverable materials such as glass, newspaper, metal, and plastic. This does not include processing.
UTILITY, MAJOR:	Facilities for water and wastewater treatment and solid waste transfer stations, this includes distributed power utilities, and commercial wind turbines, or commercial photovoltaic arrays.
UTILITY, MINOR:	Facilities that include distribution lines, and public services, whether publicly or privately owned or operated, used to produce of provide the conveyance, distribution, transmission, or control, through a community system, of any of the following: water, sewer, stormwater, electricity, telephone, television, electronic data, and telecommunications excluding communication towers. Please see the definition for “communication towers.”
UTILITY, SMALL SCALE ENERGY PRODUCTION:	Non-commercial, small scale renewable energy facilities, less than 1 MW of generating capacity, used for the production and consumption of energy on site or nearby to where the end user is located. Sale of excess energy back to the grid is permitted.

Vehicle Trade And Service

VEHICLE FUEL SALES:	Retail sale of gasoline, kerosene, diesel, or other motor fuels.
VEHICLE REPAIR:	A place for repair of vehicles, not limited to tires, transmissions and brakes, bodywork and painting, upholstery, engine repair, and overhauls.
VEHICLE SALES AND RENTAL:	Buying, selling, exchanging, selling on consignment, renting, or leasing of new or used vehicles, including snowmobiles, motorcycles, all-terrain vehicles, recreational vehicles, trailers, and watercraft.
VEHICLE SERVICES:	Servicing of vehicles such as oil changes and lubrication, tire repair and replacement, detailing, washing, polishing, or similar activities for vehicles.

(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)

11-2-5: SUPPLEMENTAL REQUIREMENTS:

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).

Percent Slope	Minimum Lot Size (Acres)
Percent Slope	Open Grass	Forest And Brush
10-20	2	3
20-30	3	4

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)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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