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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
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11-23-7: NONCONFORMING SIGNS:
Nonconforming signs are permitted to remain, subject to the following exceptions and restrictions:
   A.   The abandonment of a nonconforming sign terminates the right to maintain such sign.
   B.   A nonconforming sign may be continuously maintained or repaired in its original form with materials compatible with the existing construction until damaged or destroyed from any cause in excess of seventy percent (70%) of replacement costs or until the sign becomes substandard structurally, materially, or electrically from obsolescence or other cause, so as to pose a hazard or endangerment to the public, and is not promptly repaired as ordered by the sign administrator.
   C.   When a nonconforming sign is replaced or relocated, a sign permit must be obtained, and the sign must then comply with this chapter.
   D.   A nonconforming sign may be altered only when the proposed alterations bring the sign fully into conformance with the restrictions for the district in which the sign is located.
   E.   A nonconforming sign shall cease to be used when the business, activity, or use on which it is located is enlarged by more than fifty percent (50%) of either the original lot area or the building area lot coverage in place at the time the sign was installed. (Ord. 3323, 7-15-2024)
11-23-8: REMOVAL OF SIGNS:
Signs placed within the jurisdiction may be removed or cited for a violation in accordance with §11-1-13 for the following reasons:
   A.   Failure to comply with a written order of removal for a sign in violation of this chapter. The sign owner shall be responsible for all costs incurred by the city in connection with the removal and demolition of the sign and may be subject to the penalties of §11-1-13 until the sign is removed.
   B.   Signs found to be structurally, materially, or electrically defective or in any way found to be a hazard or an endangerment to the public shall be ordered repaired or removed by the owner within a time frame not to exceed a maximum of thirty (30) calendar days, as established by the administrator based upon the degree of hazard presented by the sign.
   C.   Signs abandoned by reason of a change of occupancy or vacation of the building or use, shall be removed within ninety (90) calendar days by the sign owner. Failure to remove shall subject the sign owner to the responsibility for all costs incurred in removal or demolition of the sign by the jurisdiction and may be subject to the penalties of § 11-1-13 until the sign is removed.
   D.   The administrator, in case of an emergency when a dangerous or defective sign poses an immediate hazard, may cause the removal of the sign without the standard notice. Following removal of the sign, the administrator shall make available to the owner a statement of the work performed and a copy of the costs of the removal for payment.
   E.   In the case of removal of a sign by the jurisdiction, all costs incurred are the responsibility of the sign owner. If the costs for removal are not paid by the owner of the sign within thirty (30) calendar days of receipt of notice of those costs and attempt to serve notice of those costs, the amount specified shall become an assessment or lien against the property.
   F.   Signs described in § 11-23-3C of this chapter erected on public property or rights of way without prior approval shall be subject to immediate removal where and when possible, by city personnel without obligation to notify the owner of said removal. (Ord. 3323, 7-15-2024)
11-23-9: DESIGN GUIDELINES:
   A.   Common Sign:
      1.   General Standards:
         a.   1 per lot, tract, or parcel held in common ownership.
         b.   In mixed-use residential (R-4, R-O, R-U), commercial (B-1, B-2, B-3, CLM, M-I), PLI, and airport zones the bottom edge of the sign face must be at least eight feet (8') above ground level or the standards for a monument sign or suspended sign must be used.
         c.   Common signs must be used when applicable in place of freestanding sign requirements.
      2.   Design Standards By Zoning District:
Table 1.
 
SIGN TYPE
ZONE
R-1, R-2, R-3
R-4, R-O, R-U
B-1, B-2, CLM, M-I
PLI
Airport
Common Sign:
Total #: 1
Max Height: 6'i
Max Area: 12sf
Max Height: 24'
Max Area: 40sf
1 per lot, tract, or parcel held in common ownership.
Max Height:
30' (B-1)
34' (B-2, CLM, and M-I)
Max Area:
40sf (B-1)
200sf (B-2 and CLM)
300sf (M-I)
1 per lot, tract, or parcel held in common ownership.
Max Height: 24'
Max Area: 120sf
1 per lot, tract, or parcel held in common ownership.
Max Height: 24'
Max Area: 120sf
 
   B.   Freestanding Sign:
      1.   General Standards:
         a.   One sign is permitted per principal building.
         b.   In mixed-use residential (R-4, R-O, R-U), commercial (B-1, B-2, B-3, CLM, M-I), PLI, and airport zones the bottom edge of the sign face must be at least eight feet (8') above ground level or the standards for a monument sign or suspended sign must be used.
      2.   Design Standards by Zoning District:
Table 1.
 
SIGN TYPE
ZONE
R-1, R-2, R-3
R-4, R-O, R-U
B-1, B-2, CLM, M-I
PLI
Airport
Freestanding Sign:
Total #: 1
Max Height: 6'
Max Area: 12sf
Max Height: 18'
Max Area:
32sf
Total #: 1
Max Height:
24' (B-1)
34' (B-2, CLM and M-I)
Max Area:
32sf (B-1)
150sf (B-2 and CLM)
250sf (M-I)
Total #: 1
Max Height: 18'
Max Area: 100sf
Total #: 1
Max Height: 24'
Max Area: 100sf
 
   C.   Incidental Major Sign:
      1.   General Standards:
         a.   Location and number as approved with a Planned Sign Program.
      2.   DESIGN STANDARDS BY ZONING DISTRICT:
         a.   Signs are limited to a max area of thirty-two (32) square feet and eight (8) feet in height.
   D.   Incidental Minor Sign:
      1.   General Standards:
         a.   One per curb cut for property.
      2.   Design Standards By Zoning District:
         a.   Signs are limited to a max area of six (6) square feet and four (4) feet in height.
   E.   Marquee, Awning And/Or Canopy Sign:
      1.   General Standards:
         a.   The R-1, R-2, and R-3 zoning districts are only allowed one (1) awning sign up to six (6) square feet in size.
         b.   Marquee, awning, and canopy signs are only permitted on the ground floor.
         c.   Marquee, awning, and canopy signs may not exceed thirty percent (30%) of the ground floor elevation of a building. Not to exceed the total square footage allowed when aggregated with wall signage.
      2.   Design Standards By Zoning District:
         a.   Square footage of signs aggregated with wall signage requirements where permitted.
   F.   Monument Sign:
      1.   General Standards:
         a.   One sign is permitted per principal building.
         b.   A monument sign is a freestanding sign and not an additional sign type.
      4.   Design Standards By Zoning District:
         a.   A monument sign may be placed on a berm not exceeding two and one-half feet (2½')above the adjacent street grade or surface beneath the sign, whichever is less.
 
SIGN TYPE
ZONE
R-1, R-2, R-3
R-4, R-O, R-U
B-1, B-2, CLM, M-I
PLI
Airport
MONUMENT SIGN:
NP
Total #: 1
Max Height:
6'
Max Area: 32sf
Total #: 1
Max Height: 6' (B-1)
12' (B-2, CLM and M-I)
Max Area:
32sf (B-1)
150sf (B-2 and CLM)
250sf (M-I)
Total #: 1
Max Height:
12'
Max Area: 20sf
Total #: 1
Max Height:
12'
Max Area: 20sf
 
   G.   Projecting Sign:
      1.   General Standards:
         a.   Projecting signs may not project more than six inches (6") above the parapet on the façade they are installed upon.
         b.   Projecting signs shall not extend more than four feet (4') measured at a right angle between the outer extremity of the sign and the wall or structure to which it is attached or as limited by §11-23-1D.
      2.   Design Standards By Zoning District:
         a.   Square footage of signs aggregated with wall signage requirements where permitted.
   H.   Roof Sign:
      1.   General Standards:
         a.   A roof sign may be used in place of a primary wall sign where permitted.
         b.   The sign shall appear to be free of any extra bracing, angle iron, guy wires, cables, etc., and sign supports shall appear to be an architectural feature and integral part of the building.
      2.   Design Standards By Zoning District:
         a.   Roof signs are calculated with and may not exceed wall signage requirements where permitted.
         b.   The highest point of a roof sign may not exceed the max height of the zoning district.
   I.   Wall Sign:
      1.   General Standards:
         a.   Sign areas are given per building façade.
      2.   Design Standards By Zoning District:
Table 1.
 
SIGN TYPE
ZONE
R-1, R-2, R-3
R-4, R-O, R-U
B-1, B-2,
CLM, M-I
PLI
Airport
WALL SIGN:
Max Area: 40sf
Max Area: 40sf
Max Area: 15% of the building façade or sixty (60) square feet (per façade) , whichever is greater.
Max Area: 100sf
Max Area: 15% of the building façade or sixty 60sf, whichever is greater.
 
   J.   Window Sign:
      1.   General Standards:
         a.   Window signs may be displayed on ground floor windows only.
         b.   Window signage occupying less than twenty-five percent (25%) of the aggregated window area per building elevation or tenant occupied portion of a building is exempt in commercial districts (B-1, B-2, CLM, M-I, PLI, and Airport).
         c.   If window signage exceeds twenty-five percent (25%) of the aggregated window area per building elevation the total square footage of the window signage is to be aggregated with and not to exceed the requirement of wall signage.
      2.   Design Standards By Zoning District:
Table 1.
 
SIGN TYPE
ZONE
R-1, R-2, R-3
R-4, R-O, R-U
B-1, B-2, CLM, M-I
PLI
Airport
WINDOW SIGN:
1 window sign up to 6sf.
Up to 25% of the window
Aggregated with wall signage requirements unless exempt
Aggregated with wall signage requirements unless exempt
Aggregated with wall signage requirements unless exempt
(Ord. 3323, 7-15-2024)
11-23-10: PLANNED SIGN PROGRAM:
   A.   Intent: The intent of a Planned Sign Program is to ensure that all signs are in harmony with other on-site signs, buildings, surrounding developments and to reduce visual clutter. Sign programs are also intended to provide a means of flexible application of sign regulations to encourage maximum creativity in the design and display of signs.
   B.   Applicability: Any business or group of business uses on a parcel or group of parcels greater than 2 acres with common access and parking.
   C.   Each new sign applied for under a Planned Sign Program shall be accompanied by the appropriate fee as described in §11-23-1D3.
   D.   The Sign Administrator may approve a Planned Sign Program that follows the applicable standards of this chapter and may grant the following deviations to the chapter as outlined in this section:
      1.   The Sign Administrator may approve of incidental minor and major signs.
      2.   The Sign Administrator may approve of an additional freestanding sign where the subject property has an additional frontage, and an incidental major sign would prove inadequate for wayfinding purposes.
      3.   The Sign Administrator may order the use of common sign(s) in place of freestanding sign(s) where it will reduce visual clutter.
      4.   The Sign Administrator may increase allowable wall signage by no more than twenty percent (25%) of wall signs so that they may match the largest wall sign allowed on the premises where it will create uniformity and/or to improve wayfinding.
      5.   The sign administrator shall consider the intent of the Planned Sign Program in its evaluation of the application.
   E.   Appeals to the Sign Administrators determination on a Planned Sign Program application are to be handled by the governing body. (Ord. 3323, 7-15-2024)
11-23-11: OFF-PREMISES/BILLBOARD SIGNS: 
   A.   Applicability: This section applies to all billboards located in the City of Helena.
   B.   Purpose and intent: This section is enacted to provide more particular and uniform standards for the location, spacing, height, lighting, and regulation of billboards within the city. It is the intent of these regulations to achieve the following:
      1.   Enhance the economic value of the landscape by avoiding visual clutter;
      2.   Enhance the aesthetics and impression of the city as it conveyed to tourists and visitors;
      3.   Acknowledge the economic value that advertising may bring to the community;
      4.   Protect adjacent and/or nearby properties from the negative impact of lighting, size, height and location of signs;
      5.   Encourage and enforce the removal of non-conforming off-premises signs from scenic, cultural, and historic districts or corridors;
      6.   Bring the business of outdoor advertising in-line with business permitting practices within the city.
   C.   Billboard business permit (BBP) required: Each sign face in the city is considered a separate location where a commercial activity is engaged in (e.g. advertising). All billboard sign faces must have one or more valid BBP(s) by the 30th of January of the second calendar year after adoption (for example: if this title is adopted anytime in 2024, the sign owner/operator would need their valid billboard business permit(s) by 01/30/2026).
      1.   The owner/operator of a billboard face must have the required BBP to display copy on the billboard face for which they have received compensation.
      2.   The total number of BBPs issued within city limits is fixed per the following count on the date of the adoption of this title:
         a.   Each non-illuminated or externally illuminated billboard face requires one (1) BBP.
         b.   Each electronic message center billboard face requires two (2) BBPs.
      3.   BBPs shall be valid for the calendar year in which they are issued and shall be renewed not later than January 30th of each calendar year.
      4.   It is a violation of this title for a company to receive compensation for display copy on their sign faces without valid BBP(s).
      5.   No BBP shall be issued if the company requesting the BBP is known by the Sign Administrator to be in violation of any of the provisions of this chapter.
      6.   Any Billboard that does not have a BBP issued for it by January 30th of any given calendar year shall be removed by the Owner within (90) days after written notification from the Sign Administrator unless a renewal permit is obtained within that ninety (90) day period.
      7.   Failure to renew the permit within the time guidelines as set forth above is a violation of the code and will subject the Billboard owner and the landowner to the following penalties in addition to the annual renewal fee listed above:
         a.   One (1) to twenty-nine (29) days past due - one hundred dollars ($100) penalty;
         b.   Thirty (30) to fifty-nine (59) days past due - two hundred dollars ($200) penalty;
         c.   Sixty (60) to eighty-nine (89) days past due - four hundred dollars ($400) penalty;
         d.   Beyond 90 days - forced removal of sign per §11-23-8-A.
      8.   The owner of a valid BBP or BBPs may renew the BBP(s) for two years after the removal of their sign. If the BBPs are no longer associated with a specific sign face the BBP(s) are forfeited.
      9.   The City Commission may choose to auction off or destroy a forfeited BBP pending a public hearing.
   D.   No new off-premises/billboard signage pending removal of non-conforming signs (cap and replace).
      1.   New billboards prohibited. No billboard sign shall be constructed or erected in any district after the date of the enactment of this chapter.
      2.   Billboard replacement provisions: New billboard faces may be constructed with valid BBP(s) once the face and structure that the BBP had previously been associated with has been completely removed and the BBP has been updated to reflect the new pending location.
   E.   Location standards for newly constructed billboards: All billboards shall be located in accordance with the following standards:
      1.   Billboard signs shall be permitted in the I-15 interstate highway corridor as defined by Montana law. All billboard sign faces in the interstate highway corridor must read to the interstate highway. Billboard signs are permitted on properties zoned B-2, CLM, and M-I as follows:
         a.   Billboard signs located within the interstate corridor shall have a maximum size of four hundred and thirty-two (432) square feet in area, including border and trim but excluding base or apron, supports, and other structural members.
         b.   Billboard signs may not exceed forty-eight feet (48') in length.
         c.   The maximum height of billboard signs, including the sign face, shall be thirty feet (30') measured to the centerline of the interstate right of way.
         d.   Minimum distance between non-illuminated or externally illuminated billboard signs shall be five hundred feet (500').
         e.   Minimum distance between electronic message center billboard signs shall be one thousand feet (1000').
      2.   Billboard signs shall be permitted in B-2, CLM and M-I districts along routes covered by the Federal-aid primary system and the Highway Beautification Act but not within the interstate corridor as follows:
         a.   Billboard signs shall be a maximum of three hundred (300) square feet in area, including border and trim but excluding base or apron, supports, and other structural members.
         b.   Billboard signs may not exceed twenty-four feet (24') in length.
         c.   The maximum height of billboard signs, including the sign face, is thirty feet (30') (see §11-23-2 Definitions: Height of Sign).
         d.   Minimum distance between billboard signs shall be a radius of five hundred feet (500').
         e.   No billboard shall be placed within three hundred (300) feet of the DT (downtown), TR (transitional residential), R-1 (residential), R-2 (residential), and R-3 (Residential) zone types.
   F.   Property standards.
      1.   Billboards shall be set back twenty (20) feet from any property line.
      2.   No billboard shall be placed on the roof of any building or structure.
   G.   Faces:
      1.   There shall be no more than a total of two (2) faces per supporting structure.
      2.   All structures must be single face, back-to-back, or "v" type of construction. Stacked faces are prohibited.
   H.   Pole construction:
      1.   All billboard signs shall be self-supporting structures erected upon or permanently attached to concrete foundations.
      2.   Billboard signs shall be erected using single pole construction.
   I.   Preservation of viewsheds:
      1.   No billboard sign shall interrupt the view in either direction along Helena Avenue.
      2.   Signs shall not cover or blanket any prominent view of a structure or facade of historical or architectural significance.
      3.   The sign will not obstruct views of users of adjacent buildings to side yards. This requirement does not include views of distant vistas.
   J.   Discontinuance. The city may order the removal of any billboard, without compensation, upon which the advertising or other message has been discontinued for more than sixty (60) continuous days. The owner shall either advertise upon or remove the billboard within thirty (30) days of written notification by the city. (Ord. 3323, 7-15-2024)