General Provisions, Administration, Definitions, and Measurement

This UDO applies to all land, buildings, structures, uses, and divisions of land within the corporate limits of the City of Helena.

This UDO also applies within the City's jurisdictional area as defined in 76-25-103(17), to the extent and in the manner provided by Title 76, chapter 25 and by Section 11-1-5.

No building or structure may be erected, moved, reconstructed, extended, or structurally altered, no land may be used, and no land may be divided, except in compliance with this UDO.

Zoning jurisdiction. The zoning provisions of this UDO apply within the corporate limits of the City. The City adopts zoning regulations for the portions of its jurisdictional area outside the corporate limits that the City anticipates may be annexed over the next 20 years, as required by 76-25-301(1)(c)(i); under 76-25-301(1)(c)(ii), those regulations do not apply or take effect outside the corporate limits until the affected area is annexed or is being annexed.

Subdivision jurisdiction. The subdivision provisions of this UDO apply within the corporate limits of the City and within the City's jurisdictional area as provided by 76-25-401 and 76-25-405. Where a proposed subdivision lies partly within the corporate limits, the application is submitted to and approved by both the City and Lewis and Clark County, as provided in 76-25-305(2)(d).

Coordination with Lewis and Clark County. Determination of the reviewing jurisdiction for a development application follows 76-25-305(2): a development entirely within the City, or proposed for annexation, is reviewed by the City; a development within an area subject to increased growth pressures or other urban development influences identified under 76-25-213 is reviewed with the opportunity for other impacted jurisdictions to review and comment, as provided in 76-25-305(2)(c).

Prezoning. Territory proposed for annexation is prezoned through the zoning map amendment procedure in Chapter 3. A prezoning designation takes effect upon annexation. The City reviews a proposed annexation in conjunction with the prezoning, following the procedures of 76-25-305, as provided in 76-25-306.

This UDO is the operative implementation of the Helena Forward Land Use Plan. Under 76-25-216, the land use plan and future land use map are not regulatory documents; this UDO is the regulation that implements the plan. Where this UDO's standards calibrate the implementation of plan policy, those standards are binding regulations.

Under 76-25-102(3) and 76-25-304(6), once a zoning regulation or map has been adopted in substantial compliance with the land use plan, there is a presumption that permitting in substantial compliance with that regulation or map is in substantial compliance with the land use plan and that the public has had a meaningful opportunity to participate.

Where the future land use map and the Official Zoning Map differ for a parcel, the Official Zoning Map controls for purposes of administering this UDO. The discrepancy may be resolved through a zoning map amendment under Chapter 3.

Planning categories that describe character or suggest future direction but do not carry defined regulatory standards — including place types — belong in the land use plan or in future area plans or neighborhood plans adopted under 76-25-214, not in this UDO.

Adoption. The City is divided into zoning districts as shown on the Official Zoning Map. The Official Zoning Map, together with all amendments, is adopted by reference and is part of this UDO. The City adopts and maintains the Official Zoning Map in substantial compliance with the land use plan and future land use map, as required by 76-25-301(4).

Map layers. The Official Zoning Map is a single map containing the following layers

Maintenance. The Official Zoning Map is maintained in the office of the City Clerk and the Community Development Department. The current Official Zoning Map and all adopted amendments are also made available through the City's online mapping platform.

Adopted record controls. Where an online map layer, a printed map, or a staff display conflicts with the adopted Official Zoning Map record, the adopted record controls.

This UDO regulates development through three layers, in order from most general to most specific

The A-grid and B-grid. The A-grid and B-grid is a thoroughfare network shown on the Official Zoning Map. Every street is on either the A-grid or the B-grid. Building form standards in Chapter 4 are calibrated more strictly along A-grid frontages, where the continuity and quality of the public realm carry the most weight; B-grid frontages receive defined relief from certain A-grid form standards. The A-grid is established by analysis of the thoroughfare network and adopted on the Official Zoning Map; it is a network finding, not a list of individually selected streets. Criteria for A-grid membership and the procedure for amending the grid are provided in Chapter 4 and Chapter 3 respectively.

Standards in a more specific layer supersede standards in a more general layer, except where a citywide standard expressly applies notwithstanding the more specific layer.

Planning Administrator. The Planning Administrator is the Director of the Community Development Department or the Director's designee, consistent with the definition of 'planning administrator' in 76-25-103(27). The Planning Administrator administers this UDO, including: receiving and reviewing applications; making completeness determinations; making the substantial-compliance and impact determinations required by 76-25-305; issuing ministerial permits and other administrative decisions under Chapter 3 and the relief chapter; issuing written interpretations under Section 11-1-11; providing technical assistance and recommendations to applicants, the public, the Planning Commission, and the governing body; and enforcing this UDO.

Planning Commission. The Planning Commission is the body established by the City under 76-25-104. As provided in 76-25-104(3), the Planning Commission reviews and makes recommendations to the governing body on the land use plan, zoning regulations and map, subdivision regulations, and other legislative land use documents, and hears and decides appeals of site-specific land use decisions of the Planning Administrator de novo under 76-25-503. The ordinance or resolution establishing the Planning Commission sets its membership, terms, officers, and procedures, consistent with 76-25-104(2).

Governing body. The governing body is the City Commission. The governing body adopts and amends the land use plan, the zoning regulations and map, and the subdivision regulations under 76-25-201, 76-25-304, and 76-25-403; hears second-tier appeals de novo under 76-25-503(4); and approves final plats, except where this UDO and Montana law provide for administrative final plat approval of an administrative minor subdivision.

Engineering and fire-code review. This UDO does not assign or describe the authority of the City Engineer or the fire authority. That authority is established elsewhere in City Code and in Montana law. Where a provision of this UDO — particularly a subdivision design standard in Chapter 5 — addresses a subject for which the City's Engineering and Design Standards or the applicable fire code set construction or safety requirements, the UDO provision is drafted to be consistent with, and not to conflict with, those requirements. The construction and safety determinations themselves are made under the authority and procedures established for them outside this Title.

Ordinary meaning. Words and phrases used in this UDO have their ordinary meaning unless defined in Section 11-1-12 or in a specific chapter. Where a term is not defined in this UDO, it has its ordinary accepted meaning within the context in which it is used.

Tense, number, gender. Words used in the present tense include the future. The singular includes the plural and the plural includes the singular. The masculine includes the feminine and neuter.

Mandatory and permissive. 'Shall' and 'must' are mandatory. 'May' is permissive. 'Should' is advisory, not mandatory.

Conjunctions. 'And' indicates that all connected provisions apply. 'Or' indicates that the connected provisions may apply singularly or in combination.

Lists and examples. 'Including' and 'such as' introduce examples and are not exhaustive.

Headings and illustrations. Headings, figures, tables, and illustrations are provided for convenience. Where the text of this UDO and a heading, figure, table, or illustration differ in meaning, the text controls.

Current citations. References to other City, county, state, or federal regulations refer to the most current version unless expressly stated otherwise.

Conflict with state law. Where a provision of this UDO conflicts with a mandatory requirement of Title 76, chapter 25, MCA, the statute controls.

More specific standard controls. Where standards of this UDO conflict, the more specific standard controls unless expressly stated otherwise.

Order of specificity. From most specific to most general

Ambiguity. Where a standard of this UDO is ambiguous as applied to a particular parcel or application, the Planning Administrator issues a written interpretation. Written interpretations are recorded, made available for public reference, and may be appealed under Chapter 3 as an interpretation of land use regulations, consistent with 76-25-503(3)(a).

Interpretation favoring the use. Consistent with 76-25-301(8)(b) and 76-25-301(9), an ambiguity or uncertainty as to whether a nonconforming use is allowed, or whether a use was allowed when commenced, and an ambiguity or uncertainty as to whether a use violates this UDO, are interpreted in favor of the use.

Relationship to the Engineering and Design Standards. Where this UDO states form intent or a review trigger for a subject for which the City's Engineering and Design Standards specify construction detail, the UDO provision and the Engineering and Design Standards are read together: the UDO governs the land-use and form question, and the Engineering and Design Standards govern the construction question. Neither restates the other.

Application. This Section is the consolidated definitions Section for this UDO. Terms defined here apply throughout this UDO unless a specific chapter expressly provides a different definition limited to that chapter.

Chapter-scoped terms. Certain operational terms are used only within a single chapter and do different regulatory work than their general counterparts. Those terms are defined in the chapter that uses them, and the principal ones are noted in this Section so the boundary is explicit.

Statutory terms. Terms defined by Title 76, chapter 25, MCA carry their statutory meaning. Where this Section lists such a term, the statutory definition controls and the entry cites the section.

Definitions.

Application. This Section states how the standards of this UDO are measured. Measurement rules apply throughout this UDO unless a specific chapter expressly provides a different measurement rule limited to that chapter.

Building height. Building height is measured as provided in the definition of 'building height' in Section 11-1-12.

Lot coverage. Lot coverage is measured as provided in the definition of 'lot coverage' in Section 11-1-12.

Setbacks and build-to zones. [DRAFTING NOTE: measurement rule for how a setback distance and a build-to range are measured — from which lot line, from back of sidewalk, to which point of the building. Coordinates with Chapter 4.] E. Frontage occupancy. Frontage occupancy is measured as the percentage of the length of a frontage occupied by building wall or by an approved frontage element. [DRAFTING NOTE: the list of approved frontage elements and how each is measured along the frontage — coordinates with Chapter 4.] F. Transparency. Transparency is measured by story, as the percentage of the area of a facade wall segment composed of clear, transparent windows or openings. [DRAFTING NOTE: the measured area boundaries — coordinates with Chapter 4.] G. Lot dimensions. [DRAFTING NOTE: how lot width, lot depth, and lot area are measured, including for irregular and corner lots and for lots fronting a curve — coordinates with Chapter 5 lot standards.] H. Chapter-specific measurement. Where a chapter regulates a quantity that is measured differently than the rules in this Section — including the measurement of sign area and sign height under the Signs chapter — the measurement rule in that chapter governs for that chapter's purposes.

This UDO is the City's unified zoning and subdivision ordinance. Other regulations affecting development in the City include, without limitation, the City's Engineering and Design Standards, the applicable building and fire codes, applicable floodplain regulations under Title 76, chapter 5, MCA, and applicable historic preservation provisions.

Engineering and Design Standards. The City's Engineering and Design Standards are an external document, administered outside this Title, that specifies construction detail for streets, utilities, stormwater, and related infrastructure. This UDO states land-use and form intent and review triggers; the Engineering and Design Standards specify construction detail. The two are coordinated by cross-reference and are read together as provided in Section 11-1-11.E. The subdivision design provisions of this UDO are drafted to be consistent with the Engineering and Design Standards and the applicable fire code and not to conflict with them. This UDO does not restate, renumber, or supersede the Engineering and Design Standards.

Fire code and life safety. Where the applicable fire code sets a requirement bearing on site or subdivision design — including fire apparatus access and turnaround requirements — the subdivision and site design provisions of this UDO are drafted to be consistent with that requirement. The fire-code determinations themselves are made under the authority established for them outside this Title.

Cross-references to other regulations appear in specific chapters of this UDO where coordination is necessary. The absence of a cross-reference does not imply that other regulations do not apply.

Enforcement. The Planning Administrator enforces this UDO.

Civil penalties and remedies. The City may establish and impose civil penalties for violations of this UDO by ordinance, as authorized by 76-25-504. Before seeking civil penalties against a property owner, the City provides written notice of each violation to the owner of record, a reasonable opportunity to cure, and a schedule of the civil penalties that may be imposed for failure to cure, as required by 76-25-504(2).

Additional remedies. In addition to other remedies provided by law, the City may seek an injunction, mandamus, abatement, or other appropriate action; proceedings to prevent, enjoin, abate, or remove an unlawful building, use, occupancy, or act; or criminal prosecution as a misdemeanor as provided in 76-25-504(3). Each day a violation continues is a separate offense.

Remedies are cumulative. The City's pursuit of one remedy does not preclude pursuit of others.