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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
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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)
11-9-7: DESIGN STANDARDS:
   The following design standards apply to all properties and uses within the Downtown and Transitional Residential Districts, in accordance with the Applicability Standards set forth in Section 3.
   A.   Site
 
Design Standard
Additional Requirements
1. Lot Size
No minimum
 
2. Lot Width
No minimum
 
3. Lot Coverage
50% minimum
 
4. Landscaping
Minimum 5% of ground floor story sq. footage
Reference Figure 1.
May be located anywhere onsite.
 
 
   B.   Building Placement Setback requirements apply only to the ground floor story. Building placement standards do not apply to interior remodeling.
 
Design Standard
Additional Requirements
1. Lot Line, Primary Street
0 ft. setback
A minimum of 50% of the building frontage is required to meet the zero lot line setback.
Reference Figures 1 and 2.
2. Lot Line, Secondary Street
0 ft. setback
A minimum of 50% of the building frontage is required to meet the zero lot line setback.
Reference Figures 1 and 2.
Where a secondary street frontage abuts a Transitional Residential District, first floor residential must be permitted along the secondary street frontage.
3. Lot Line, Common
0 ft. setback
If abutting R-U, R-1, R-2, R-3, R-4, R-O, or TR districts, a 10 ft. minimum setback is required.
Reference Figures 1 and 2.
If a setback is required, the setback must be comprised of vegetative screening or fencing that conforms to the requirements as specified in Chapter 24 of this Title. This setback cannot include vehicle parking or circulation.
4. Lot Line, Rear
0 ft. setback
If abutting R-U, R-1, R-2, R-3, R-4, R-O, TR districts, a 10 ft. minimum setback is required.
Reference Figures 1 and 2.
The setback shall be in addition to parking or circulation space necessary to serve the site.
If a setback is required, the setback must be comprised of vegetative screening or fencing that conforms to the requirements as specified in Chapter 24 of this Title.
5. Corner Lot Orientation
0 ft. setback
On corner lots or lots with multiple street frontages, building placement must conform to primary or secondary frontage requirements.
Reference Figure 2 for guidance on building placement.
6. Surface Parking Setback
10 ft. minimum
The setback is applicable only when parking is located adjacent to the building.
Reference Figure 2.
The setback must be landscaped in conformance with requirements as specified in Chapter 24 of this Title.
 
 
   C.   Height and Massing
 
Design Standard
Additional Requirements
1. Building Height
22 ft. minimum
No maximum height in Downtown District. 36 ft. maximum height in Transitional Residential District.
Reference Figure 3.
Building height is measured from the ground floor story at grade.
Height in excess of 36 ft. abutting R-U, R-1, R-2, R-3, R-4, R-O, TR districts requires upper-story setbacks on rear property boundary at a minimum of 5 ft./story.
Height in excess of 60 ft. requires upper story setbacks at a minimum of 5 ft./story along primary and secondary street frontages.
2. Ground Floor Story Height
12 ft. minimum from top of floor to top of floor
 
3. Primary/ Secondary Street Façade Wall Segment Length
45 ft. maximum
Offsets for visual articulation along building frontage are required after 45 feet of linear wall surface.
 
 
   D.   Activation
      1.   Transparency
 
Design Standard
Additional Requirements
a. Ground Floor Story, Primary Street Frontage
50% minimum
Reference Figure 4
b. Ground Floor Story, Secondary Street Frontage
40% minimum
Reference Figure 4
c. Upper Stories
30% minimum
Reference Figure 4
 
 
      2.   Pedestrian Access
 
Design Standard
Additional Requirements
a. Entrance Spacing
Minimum of one (1) pedestrian entrance along primary street frontage required
Reference Figure 5
b. Walk/ Approach Width
5 ft. minimum width for single door entrance.
10 ft. minimum width for double/revolving door entrance.
Reference Figure 5
c. Awnings and Canopies
10 ft. minimum height above grade.
6 ft. maximum overhang into right-of-way.
Ground floor story only.
 
 
 
 
      3.   Parking
Design Standard
Additional Requirements
a. Location
Rear or side of building
No parking is permitted on the property in front of a building along the primary or secondary street frontages, unless it is in the form of a parking structure meeting the requirements of this Section.
Reference Figure 7
b. Space Allocation
No parking minimums
Maximum Allowance:
Residential uses:
DT district: 1 space/dwelling unit
TR district: 2 spaces/dwelling unit
Ground floor story commercial:
DT and TR districts: 2 spaces/1,000 sq. ft.
Upper story commercial: DT and TR districts: 1 space/1,000 sq. ft.
Maximum parking may be increased, through the variance process as provided for in Chapter 5 of this Title, if no public or shared parking option is available within 700 linear feet of the property line.
Maximum parking limitation does not apply to a parking structure proposed onsite that meets the requirements of this Section.
c. Parking Structure
Ground floor story space must be occupied by a non-parking use along primary and secondary street frontages
All design standards apply to parking structures, with the exception that maximum parking caps do not apply if a parking structure replaces surface parking onsite.
d. Drive- Through Aisles and Stacking
Drive-Through Aisle width = 10 ft. minimum
Stacking length = 2 cars maximum
Drive-through aisles and circulation must be located to the rear of the structure.
Drive-through aisles and circulation must be separated from a residential use or from R-U, R-1, R-2, R-3, R-4, R-O, or TR Districts by a minimum of 50 ft. with vegetative screening or fencing in conformance with requirements as specified in Chapter 24 of this Title.
No more than two aisles permitted onsite.
e. Loading and Service Entry Location
Rear or side of building
Loading docks, overhead doors for the purpose of loading and delivery and other service entries are not permitted on primary street frontages
f. Parking Lot Landscaping
Landscaping must conform with requirements as specified in Chapter 24 of this Title.
 
g. Bicycle Parking
Chapter 22 of this Title applies for minimum bicycle space requirements.
 
 
 
      4.   Landscaping
 
Design Standard
Additional Requirements
h. Primary/ Secondary Lot Line Setback
Landscaping is required where a building does not meet the 0 ft. setback requirement along a primary or secondary street frontage.
Landscaping must conform with requirements as specified in Chapter 24 of this Title.
i. Common Lot Line Setback
Landscaping is required within setback when abutting R-U, R-1, R-2, R-3, R-4, R-O, or TR Districts
Landscaping must conform with requirements as specified in Chapter 24 of this Title.
 
      5.   Signs
      Freestanding pole signs, billboards, roof signs, inflatable signs, animated signs, and changeable copy signs, unless altered manually, are not permitted in the Districts. The definitions contained in Chapter 23 of this Title apply unless specifically defined in this Chapter. The stated signage exemptions in Chapter 23 of this Title apply to the Districts. All other signs must follow the applicable design standards identified in the standards below.
Design Standard
Additional Requirements
a. Total Area
÷ 120 sq. ft. maximum per building
Home Occupation 6 sq. ft. maximum
Total sign area is based on the primary use of the lot/ structure.
Total sign area may be divided between sign types as set forth below for wall signs, painted wall signs, and window signs.
b. Wall Sign
Maximum 30% of primary building facade square footage (not to exceed total sign area permitted)
Signs may be externally illuminated with down directed, fully shielded fixtures only.
Reference Figure 9
c. Painted Wall Sign
Maximum 40% of primary building facade square footage (not to exceed total sign area permitted)
Painted wall signs are permitted on any exterior building wall
Signs may be externally illuminated with down directed, fully shielded fixtures only.
d. Window Sign
Maximum 30% of primary building facade ground floor story window area (not to exceed total sign area permitted)
 
e. Monument Sign
1 sign/frontage
60 sq. ft. maximum
6 ft. height maximum
Combined signage required for buildings with multiple business activities.
Signs may be externally illuminated with down directed, fully shielded fixtures only.
Reference Figure 10
f. Canopy/ Awning Sign
1 sign/canopy
1 sq. ft./lineal foot of awning width
10 ft. height minimum
External illumination of a canopy or awning sign is not permitted.
g. Projecting Signs
1 sign/business
16 sq. ft. maximum
8 ft. height minimum (from bottom of sign to grade)
4 ft. maximum projection
Signs may be externally illuminated with down directed, fully shielded fixtures only.
Reference Figures 10 and 11
h. Sandwich Board Signs
1 sign/business
12 sq. ft. maximum per sign face
Signs must be removed from location at the close of business.
 
 
 
 
(Ord. 3259, 6-24-2019)