(A) Interpretation of certain words. For purposes of this chapter, the following conditions and interpretations apply.
(1) Words used in the present tense include the future tense.
(2) Words used in the singular number include the plural; words used in the plural include the singular, unless the natural construction of the wording indicates otherwise.
(3) The word “person” includes a firm, association, corporation, trust, organization, partnership or company, as well as an individual.
(4) The word “lot” includes the words “parcel” or “tract.”
(5) The word “shall” is mandatory; the word “may” is permissive.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE OR USE. The use or structure on the same lot with, and customarily secondary or subordinate to, the principal use or structure.
AUTOMOBILE WRECKING. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping or dismantling, of partially dismantled, obsolete or wrecked vehicles or their parts.
BOARDING HOUSE. A building, or portion thereof, where lodging for five or more persons is provided for compensation whether or not meals are provided.
BUILDING. Any structure erected for support, shelter or enclosure of persons, animals or property of any kind.
BUILDING HEIGHT. The vertical distance measured from the highest point of a structure to the finished grade of the ground.
CARETAKER’S RESIDENCE. A single-family dwelling located in conjunction with a residential, commercial or industrial land use that requires 24-hour care in order to protect or operate the use.
CHURCH. A building designed and used for public worship by a recognized religious body.
COMMUNITY RESIDENTIAL FACILITY.
(a) A community group home for developmentally, mentally or severely disabled persons which does not provide skilled or intermediate nursing care;
(b) A youth foster home or youth group home as defined in M.C.A. § 41-3-1102;
(c) A halfway house operated in accordance with regulations of the department of health and environmental sciences for the rehabilitation of alcoholics or drug dependent persons; or
(d) A licensed adult foster family care home.
(M.C.A. § 76-2-411)
CONDITIONAL USE. A use that is allowed in a specific district if the use meets certain requirements in order to maintain and assure the health and safety of the community and to maintain the character of the district.
DISTRICT, ZONING. A geographical area designated in the zoning ordinance and delineated on the zoning map for which requirements for the use of land and structures and development standards are prescribed.
DRIVE-UP EATING ESTABLISHMENT. A building or structure from which persons are served food or beverages in their vehicles or at curbside, including establishments that serve customers outside of their vehicles.
DWELLING. A building or portion thereof that is used for occupancy by one or more families.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed for residential occupancy by two or more families living separately.
DWELLING, SINGLE-FAMILY. A building designed for residential occupancy by one family. A variation will not be acceptable if it lowers the character of the neighborhood or results in the development of conditions of blight or which accelerate obsolescence. A trailer, camp car, trailer house (as defined in city ordinance Section 11.04.020) or a building moved in for use as a dwelling are considered to be unacceptable variations.
DWELLING, TWO-FAMILY. A building designed for residential occupancy by two families living separately.
DWELLING UNIT. A building, or portion thereof that provides separate cooking, eating, sleeping and living facilities for one family.
FAMILY.
(a) One or more biologically related persons living together as a single housekeeping unit and occupying a dwelling unit as a family, including resident domestic employees; or
(b) One or more biologically unrelated persons living together as a single housekeeping unit and occupying a dwelling unit as the factual or functional equivalent of a traditional family, including resident domestic employees, as may be evidenced by:
1. A single housekeeping unit;
2. A permanent living arrangement;
3. Stable, rather than transient, living arrangements; or
4. A group headed by a householder caring for a reasonable number of children as one would be likely to find in a biologically unitary family.
GRADE. The point of elevation of the finished surface of ground at the exterior wall of the building.
HOME OCCUPATION. The use of a portion of a dwelling unit or accessory building for occupations at home by one or more persons residing in the dwelling unit. The activity must be clearly incidental and subordinate to the use of the building as a dwelling.
HOTEL/MOTEL. A building, or buildings, containing six or more rooms designed and rented for sleeping purposes for transient visitors, and where only a general kitchen and dining room may be provided within the building or in an accessory building.
LIVESTOCK. Horses, cattle, sheep, goats, swine, donkeys, mules and other commonly domesticated hoofed animals.
LOADING SPACE, OFF-STREET. An off-street space conveniently located at a building to allow service pickups and deliveries by commercial vehicles.
LOT. A parcel or tract of land shown as an individual unit of ownership on a certificate of survey, subdivision plat, deed or other instrument of record.
LOT, CORNER. A lot located at the intersection of two or more streets.
LOT DEPTH. The mean distance between the front and rear lot lines.
LOT FRONTAGE. The portion of a lot nearest the street. For corner lots, the front of a lot shall be the narrowest part of the lot having street frontage.
LOT, INTERIOR. A lot with only one frontage on a street.
LOT, LINES. The lines bounding a lot as defined herein.
LOT WIDTH. The mean width of the lot measured at right angles to its depth, as measured at the building set back line.
MOBILE HOME. A detached residential dwelling unit fabricated at a factory, not in accordance with the standards of the Uniform Building Code, and designed for transportation on its own chassis to a building site for occupation as a dwelling with or without a permanent foundation. This definition conforms to the definition of MOBILE HOME in M.C.A. § 61-1-501.
MOBILE HOME, CLASS A. A mobile home fabricated after July 1, 1976, in compliance with the standards specified in 42 U.S.C. § 5401 (HUD Code), and that satisfies each of the following additional criteria.
(1) The length does not exceed four times its width.
(2) The pitch of the roof has a minimum vertical rise of three feet per 12 feet of horizontal run, and the roof is finished with a type of shingle commonly used in standard residential construction.
(3) The exterior siding consists of wood, hardboard, vinyl or aluminum siding, or other materials comparable in composition, appearance and durability to the exterior materials used in standard residential construction.
(4) The dwelling unit is secured to a permanent, continuous masonry foundation.
(5) The tongue, axles, transporting lights and removable towing apparatus are removed after placement on the lot and before occupancy.
MOBILE HOME, CLASS B. A mobile home fabricated after July 1, 1976, in compliance with the standards specified in 42 U.S.C. § 5401 (HUD Code), but that does not meet the additional criteria necessary to qualify as a Class A mobile home.
MOBILE HOME, CLASS C. A mobile home constructed prior to July 1, 1976, and not meeting the HUD CODE.
MOBILE HOME PARK. A tract of land providing two or more spaces for lease or rent to the general public for the placement of mobile homes.
MODULAR HOME. A dwelling constructed at a factory in accordance with the Uniform Building Code applicable to site-built homes, and transported to the site for final assembly on a permanent foundation. This definition conforms with the definitions of “manufactured home” and “manufactured housing” in M.C.A. §§ 61-1-513 and 76-2-302(4).
NURSING HOME. A building used to house and care for ambulatory, aged or infirm persons under the care and supervision of a professional staff.
OFFICE, PROFESSIONAL, BUSINESS, ADMINISTRATIVE AND GOVERNMENT. Offices occupied by accountants, architects, dentists, doctors, engineers, attorneys, insurance agents, real estate agents, public employees and other professions.
PARKING SPACE, OFF-STREET. A space located off any public right-of-way that is available for parking a motor vehicle.
PLANNED UNIT DEVELOPMENT. A land development project designed and planned as a single entity under a plan that offers a variety of land uses, housing types and densities, and design features in addition to those allowed by right or condition in the zoning district.
RECREATIONAL VEHICLE PARK. A premises used for public camping where persons can rent space to park individual camping trailers, pick-up campers, motor homes, travel trailers.
RESTAURANT. A public eating facility that does not provide curbside or drive-up automobile service.
RETAIL SALES. An establishment, whose purpose is to sell goods, wares or merchandise directly to a consumer.
SETBACK. The horizontal distance required between any structure and a lot line, measured at right angles to the lot line.
SHOPPING CENTER. One or more buildings containing at least three separate retail businesses that are planned developed and managed as a unit, with off-street parking provided on the property.
SIGN. Any lettered or pictorial device or structure designed to inform or attract attention.
STRUCTURAL ALTERATION. The modification of a building that changes its exterior dimensions or its roof line(s).
STRUCTURE. That which is constructed or erected at a fixed location on the ground, or attached to something having a fixed location on the ground. STRUCTURES include buildings, mobile homes, walls, fences and billboards or signs.
USE. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied in any legal activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
VARIANCE. The approved relaxation of the strict application of the terms of these regulations, where owing to special conditions a literal enforcement of the provisions of these regulations will result in an unnecessary hardship, where it will not be contrary to the public interest, and where the spirit of this chapter will be observed and substantial justice done.
WHOLESALE. The sale of goods and merchandise for resale rather than for direct consumption.
YARD, FRONT. A required open space unoccupied by any structure or portion of a structure and extending across the full width of the lot between the front building line and the front lot line.
YARD, REAR. A required open space unoccupied by any structure or portion of a structure and extending across the full width of the lot between the rear building line of the principal building and the rear lot line.
YARD, SIDE. A required open space unoccupied by any structure or portion of a structure and extending from the side building line to a side lot line running from the front to the rear of the lot.
(Ord. 2007-03, passed 1- 14-2008)