Yellowstone County, MT Building Setbacks & Zoning: Structure Height Limits (2026)
Key Facts
- Principal building max
- 3 stories or 34 feet, N4 district
- Accessory building max
- 1.5 stories, capped at house height
- Exempt features
- Spires, chimneys, antennas, cooling towers
- Minor relief
- Up to 2 extra ft/story, Sec. 27-1614
- Major increase
- Variance via Board of Adjustment
- Variance notice
- 15 days published, 5 days mailed
Summary
In the N4 large-lot suburban district of unincorporated Yellowstone County, a principal house is capped at 3 stories and 34 feet under Zoning Code Table 27-300-3. An accessory building can rise no higher than 1.5 stories and can never exceed the principal building's height. Spires, chimneys, and antennas are exempt from the cap.
B. HEIGHT Principal Building: Maximum Height (stories) 3 ... Maximum Height (feet) 34 Accessory Building: Maximum Height (stories) 1.5 stories, no taller than the ... principal building ... H. MAXIMUM HEIGHT EXCEPTIONS
1. The maximum height limit shall not apply to spires, belfries, cupolas, antennas, water towers or tanks, chimneys or smokestacks, power transmission lines, cooling or elevator towers, or similar and necessary appurtenances not used for human occupancy.
2. Buildings permitted in neighborhood and residential districts may exceed the height limitations of the district through an approved application for Administrative Relief (Sec. 27-1614) or through a Variance (Section 27-1626) for increases greater than allowed by administrative relief.
Full Breakdown
Table 27-300-3, in Section 27-304 of the Yellowstone County Zoning Code, sets the dimensional standards for the N4 district, the county's large-lot suburban neighborhood zone for single-family homes with wide lots and front-facing attached garages. 5 stories and can never be taller than the principal building on the same lot. Section 27-303(H), the exceptions clause shared by every neighborhood district, carves out spires, belfries, cupolas, antennas, water towers or tanks, chimneys, smokestacks, power lines, and cooling or elevator towers, none of which count against the 34-foot cap because they are not used for human occupancy.
A homeowner who needs more height than the table allows has two paths. Administrative relief under Section 27-1614 lets the zoning coordinator approve up to 2 additional feet per story, so long as the building's overall height still fits within the sum of every floor's maximum permitted height. Anything larger requires a variance from the Board of Adjustment under Section 27-1626, which can only be granted on a finding of unnecessary hardship tied to the lot's shape or topography, after 15 days' published notice and mailed notice to owners within 150 feet at least 5 days before the hearing.
Violations & Fines
Building above the height table without approved relief or a variance is a zoning violation under Section 27-1702; the county gives at least 30 days for voluntary compliance before filing a court complaint, per MCA 76-2-210(2). The zoning coordinator can order a stop work order, deny future permits, or revoke a site plan under Section 27-1704. Conviction is a misdemeanor, punishable by a fine up to the state statutory limit or up to six months in jail, with each day counted as a separate offense.
Frequently Asked Questions
How tall can a house be in the N4 district?
Do chimneys or antennas count toward the height limit?
Can I build higher than 34 feet with approval?
What if I build over the height limit without approval?
Sources & Official References
Other rules in Yellowstone County
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