Skip to code content (skip section selection)
Compare to:
Helena Overview
Helena, MT Code of Ordinances
CITY CODE of HELENA, MONTANA
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 GENERAL PROVISIONS
TITLE 2 BOARDS, DEPARTMENTS AND OFFICERS
TITLE 3 BUILDING REGULATIONS
TITLE 4 BUSINESS REGULATIONS
TITLE 5 POLICE REGULATIONS
TITLE 6 PUBLIC UTILITIES
TITLE 7 PUBLIC WAYS AND PROPERTY
TITLE 8 TRAFFIC REGULATIONS
TITLE 9 PARADES, SPECIAL EVENTS, TOURS, AND VENDORS
TITLE 10 LIGHTING STANDARDS
TITLE 11 ZONING
TITLE 12 SUBDIVISION REGULATIONS
TITLE 13 FIRE REGULATIONS
CHAPTER 4
DISTRICT DIMENSIONAL STANDARDS
SECTION:
11-4-1:   Lot Requirement Definitions
11-4-2:   Lot Requirements For Zoning Districts
11-4-3:   Construction Requirements For Structures
11-4-4:   Townhouses
11-4-1: LOT REQUIREMENT DEFINITIONS:
For purposes of this chapter the following terms mean:
   BUILDING: A structure, including its projections and extensions, constructed for support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
   BUILDING HEIGHT: The vertical distance above a reference datum measured to the highest point of the coping of a flat roof, the deck line of a mansard roof, and for a pitched or hipped roof, the average height of the highest gable. The reference datum is either of the following, whichever yields a greater height of building:
   A.   The elevation of the highest adjoining sidewalk or ground surface within a five foot (5') horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet (10') above lowest grade.
   B.   An elevation ten feet (10') higher than the lowest grade when the sidewalk or ground surface described in subsection A of this definition is more than ten feet (10') above lowest grade.
   DWELLING UNIT: A single habitable unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
   LOT: A single parcel or plot of land, shown as an individual unit of ownership on the most recent plat of record, or a group of such parcels or plots which are held in single or common ownership or control, and upon which a particular land use is carried on or conducted.
   LOT COVERAGE: The portion of a lot, stated in terms of percentage, that is covered by all buildings and structures located on the lot, but does not include the first two feet (2') of roof eave extensions measured from the outside wall of the building, uncovered decks, fences, walls, or pools.
   LOT LINE, FRONT: Any lot line bounding a lot that is adjacent to any street.
   LOT LINE, REAR: The line bounding a lot that is the farthest and opposite from the front lot line.
   LOT LINE, SIDE: The line bounding a lot that is not a front or rear lot line.
   PORCH: A covered structure that has no solid walls and at least one open side that is attached to the front exterior of a building.
   SETBACK: The nearest distance from any lot line to where a building may be located. (Ord. 3097, 4-7-2008; amd. Ord. 3130, 8-9-2010)
11-4-2: LOT REQUIREMENTS FOR ZONING DISTRICTS:
Buildings must conform to the dimensional standards for a lot as follows:
   A.   Lot coverage may not exceed the limitations of the district within which the lot is located.
   B.   The standards for setback of buildings from property lot lines are:
      1.   No portion of any building, including decks and excepting roof eaves, fences, stair steps, and landscaping ornaments, may be located in any lot line setback.
      2.   A lot that has more than one front lot line must provide a front lot line setback for each front lot line. When a lot has more than one front lot line, the remaining lot lines are side lot lines and no rear lot line setback is required. The remaining side lot lines must meet the minimum side lot line setback for the zoning district in which it is located.
      3.   The vehicular entrance of a garage must be set back at least twenty feet (20'), measured in a straight line from the vehicular entrance of the garage to the lot line of the property that abuts public right of way designated as a street and has a driveway approach.
      4.   The lot line setback is five feet (5') for any lot line that abuts a dedicated public right of way that provides only a secondary means of access to property and is not intended for general travel.
      5.   The sight distance triangle as required in title 7, chapter 3 of this code, must be observed for corner lots regardless of minimum setbacks established in this chapter.
   C.   The standards for height of buildings are:
      1.   Height limitations for any district do not apply to the following: spires, belfries, cupolas, chimneys, water tanks, elevator housings, solar energy systems, streetlights, and utility poles.
      2.   A building or structure may not exceed the height limitations of the district within which it is located except as allowed by a variance granted under this title.
   D.   A lot that existed at the effective date of this title may not be reduced in dimension or area below the requirements set forth herein. All lots created after the effective date of this title must meet the minimum requirements of this title. Nonconforming lots may be redesigned or aggregated to reduce the nonconformity without a variance. (Ord. 3097, 4-7-2008)
   E.   The dimensional, area, coverage, and design standard requirements for property in the various zoning districts are shown in table 2 of this section.
   TABLE 2
   LOT REQUIREMENTS BY ZONING DISTRICT
   DU = Dwelling unit
 
OSR
(Open Space/ Residential)
R-U
(Residential- Urban)
R-1/R-2
(Residential)
R-3
(Residential)
R-4/R-O
(Residential- Office)
Lot area
1 - 3 acres; no more than 1 DU per acre for cluster development. See section 11-2-5 of this title
No minimum
No minimum
No minimum
No minimum
Lot coverage
No maximum
60% maximum
Additional 5% for porch attached to front or side
40% maximum
40% maximum
60% maximum
Front lot line setback
25' from right-of-way
No minimum
10' minimum
10' minimum
10' minimum
Rear lot line setback
No minimum unless abutting right-of- way, then 25' from right-of- way
No minimum
10' minimum
10' minimum
10' minimum
Side lot line setback
No minimum unless abutting right-of- way 25' from right- of-way
No minimum
8' minimum
6' minimum for each side yard
6' minimum
Height
24' maximum
42' maximum
30' maximum
36' maximum
42' maximum
 
 
 
B-1
(Neighborhood Business)
B-2
(General Commercial)
B-3
(Central Business)
Lot area
For multiple DUs 1,000 sq. ft. per DU
No minimum for single DUs or nonresidential
No minimum
No minimum
Lot coverage
Residential uses, 60% maximum
No maximum for nonresidential uses
No minimum
No maximum
Front lot line setback
No minimum
No minimum
No minimum
Rear lot line setback
15' minimum
No minimum unless abutting residential zone, then 15' minimum
No minimum
Side lot line setback
6' minimum
No minimum unless abutting residential zone, then 10' minimum
No minimum
Height
36' maximum
75' maximum
70' maximum
 
 
DT and TR (Downtown and Transitional Residential)
CLM
(Commercial- Light Manufacturing)
Lot area
See Chapter 9
No minimum
Lot coverage
See Chapter 9
No maximum
Front lot line setback
See Chapter 9
15' minimum
Rear lot line setback
See Chapter 9
No minimum unless abutting residential zone, then 15' minimum
Side lot line setback
See Chapter 9
No minimum unless abutting residential zone, then 15' minimum
Height
See Chapter 9
60' maximum
 
M-I
(Manufacturing
And Industrial)
PLI
(Public Lands
And Institutions)
Airport
M-I
(Manufacturing
And Industrial)
PLI
(Public Lands
And Institutions)
Airport
Lot area
No minimum
No minimum
No minimum
Lot width
No minimum
No minimum
No minimum
Lot coverage
No maximum
No maximum
No maximum
Front lot line setback
15' minimum
No minimum
No minimum
Rear lot line setback
No minimum unless abutting residential zone, then 15' minimum
No minimum unless abutting residential zone, then 15' minimum
No minimum
Side lot line setback
No minimum unless abutting residential zone, then 15' minimum
No minimum unless abutting residential zone, then 15' minimum
No minimum
Height
60' maximum
60' maximum
See chapter 35, "Airport Zoning Regulations", of this title
 
(Ord. 3097, 4-7-2008, amd. Ord. 3104, 11-3-2008; Ord. 3131, 8-9-2010; Ord. 3222, 9-26-2016; Ord. 3257, 6-24-2019; Ord. 3278, 1-13-2020)
11-4-3: CONSTRUCTION REQUIREMENTS FOR STRUCTURES:
Structures constructed off site from their permanent location may be moved and used at the permanent location site provided:
   A.   The structure and its foundation comply with the provisions of title 3 of this code for new structures applicable at the time the structure is moved onto the site; or
   B.   For a manufactured home or mobile home, the structure must have been constructed after January 1, 1990, in compliance with the applicable prevailing standards of the United States department of housing and urban development at the time of its production and be placed on a permanent foundation. (Ord. 3097, 4-7-2008)
11-4-4: TOWNHOUSES:
   A.   A townhouse is a dwelling unit connected at the property line by a common wall to another dwelling unit.
   B.   A townhouse must conform to the lot coverage limitations for the particular district in which it is located as calculated in this section. Lot coverage is based on the total area of all the lots upon which the townhouse building sits.
   C.   The portion of a townhouse connected to another townhouse at the property line by a common wall is exempt from the setback requirements for those portions of the townhouses. Sides of a townhouse not connected at a property line must meet the applicable setbacks.
   D.   In the R-1/R-2 residential districts only one townhouse may be connected at the property line by a common wall to another townhouse. (Ord. 3097, 4-7-2008)