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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 9
DOWNTOWN DISTRICT AND TRANSITIONAL RESIDENTIAL DISTRICT
SECTION:
11-9-1: Intent
11-9-2: Definitions
11-9-3: Applicability Of District Standards
11-9-4: Noncomformities
11-9-5: Administrative Adjustments
11-9-6: Uses
11-9-7: Design Standards
11-9-1:  INTENT:
This chapter provides design standards and administrative procedures specific to the Downtown and Transitional Residential Districts. These standards and procedures are 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 districts. These aspects are all essential for the development of a diverse, dynamic and desirable city environment. The interests of the community and the goals of the Growth Policy are further ensured through the application of this chapter. (Ord. 3259, 6-24-2019)
11-9-2:  DEFINITIONS:
The following words and phrases, whenever used in this chapter, have the meanings defined in this section unless the context clearly requires otherwise. For any term not specifically defined below, the definitions contained in Chapter 4 of this Title apply.
ADMINISTRATIVE ADJUSTMENT:
A staff determination regarding minor modifications to the required transparency, building entrance design standards, and façade wall segment length.
FACADE WALL SEGMENT:
The number of linear feet an exterior wall may extend, unbroken (without physical articulation or offsets, change in material, window transparency or an entryway) along a primary or secondary street.
GROUND FLOOR STORY:
The first floor of a building or structure, measured above ground from street grade.
LOADING AREA:
A parking space or berth, directly serving a building for the loading or unloading of merchandise or material, and which has access to a street, alley, or other appropriate means of ingress and egress.
LOT LINE, COMMON:
A lot line shared by two (2) lots, having no street frontage.
LOT LINE, PRIMARY:
The property frontage designated to bear the address and principal entrance to the building.
LOT LINE, SECONDARY:
On corner lots or lots in which a building has multiple frontages, any lot line or street frontage that does not serve as the principal entrance point.
PAINTED WALL SIGN:
Defined as a sign that is painted onto the exterior façade of a building.
PARKING SETBACK:
The distance in which a parking lot must be set back from the primary or secondary lot line, when located adjacent to a building.
PROJECTING SIGN:
A sign affixed to the exterior wall of the building and which extends perpendicular to the facade of the building or structure.
SANDWICH BOARD SIGN:
Defined as a freestanding sign made of two (2) boards connected at the top.
STACKING LENGTH:
Refers to the linear distance required for a certain number of cars to line up end to end in a drive-through aisle.
TRANSPARENCY:
The degree, measured as a percentage, to which a façade wall segment has clear, transparent windows on each story. (Ord. 3259, 6-24-2019)
 
11-9-3:  APPLICABILITY OF DISTRICT STANDARDS:
This Chapter applies to all properties and buildings within the Downtown and Transitional Residential District boundaries. The provisions of Title 11 apply unless provided otherwise in this chapter. (Ord. 3259, 6-24-2019)
11-9-4: NONCONFORMITIES:
   A.   Buildings undergoing a structural change to a façade wall segment that affects twenty five percent (25%) or more of that façade wall segment must comply with all applicable design standards for the affected building story(s).
   B.   Additions or Expansions to Existing Structures: Buildings undergoing a structural addition or expansion that results in an increase of twenty five percent (25%) or more of the existing floor area of the entire building (all stories) must comply with all applicable design standards.
   C.   Remodel: Buildings undergoing a remodel that affects more than seventy five percent (75%) of the existing floor area ratio (all stories) must comply with all applicable design standards except for those found in 11-9-7 (B).
   D.   Buildings individually listed on the National Register of Historic Places or designated a contributing or primary property to a historic district are not required to make any modifications that would threaten their historic integrity.
   E.   All other provisions of Title 11, Chapter 6 shall apply to legally non-conforming buildings, lots and uses within the Downtown and Transitional Residential Districts. (Ord. 3259, 6-24-2019)
11-9-5:  ADMINISTRATIVE ADJUSTMENTS:
   A.   Requests for an administrative adjustment to required façade wall segment, transparency, and building entrance design standards, with justifications and plans supporting such request, must be submitted in writing to the Community Development Director, who will evaluate the request on a case-by-case basis before issuing a written determination.
   B.   Notice that a request for an administrative adjustment has been submitted must be posted at the property and mailed to the subject property owner and all owners of property within one hundred fifty (150) feet of the subject property at least twenty (20) days before a final decision or action on the requested administrative adjustment.
   C.   The Community Development Director must review each request for an administrative adjustment and act to approve the application, approve the application with conditions, or deny the application. The request may only be approved when the Community Development Director determines that the request is consistent with all relevant purpose and intent statements for the Downtown and Transitional Residential Districts. Any adverse impacts resulting from the administrative adjustment must be mitigated to the maximum extent feasible.
   D.   Final decisions of the Community Development Director may be appealed by any person aggrieved by the decision in accordance with the procedures of section 11-1-9 of this Title.
(Ord. 3259, 6-24-2019)
11-9-6: USES:
   The permitted and not permitted uses in the Downtown and Transitional Residential Districts are as shown in Chapter 2 of this Title. (Ord. 3259, 6-24-2019)
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