(A) Generally. For the purpose of this title, certain terms and words are defined as follows. Words used in the present tense shall also include the future; words or phrases used in the singular shall also include the plural, and words used in the plural shall also include the singular; the word “building” includes “structure” and “structures” includes “building”; the words “used” or “occupied” shall include within their meaning the words “intended, arranged or designed to be used or occupied.” The word “person” shall include corporation, partnership or other legal entity. Where other definitions are necessary and are not defined herein, the City Council may define such terms.
(B) Additional definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS-DRIVEWAY. The means by which vehicles enter and exit the required off-street parking spaces between the street right-of-way/property line and the off-street parking space. ACCESS- DRIVEWAYS shall be a minimum width of nine feet.
ACCESSORY USE OF BUILDING. The use of land or a subordinate building or a portion of a main building, such use being secondary to or incidental to the principle use of structure.
ADULT BOOKSTORE. An establishment or business:
(a) Which has, as a portion of its stock in trade, or which sells, offers or exhibits for sale, motion pictures, video tapes, or recordings, records or tape recording, 10% of books magazines, periodical, writings, pictures or photographs defined as “obscene” by MCA § 45-8-202(2), which definition is by this reference incorporated herein; or
(b) Which presents or shows motion pictures, movies, video tapes reproductions or similar visual material, defined as “obscene” by MCA § 45-8-201(2), which definition is by this reference incorporated herein, regardless of the seating capacity of such establishment or business and regardless of whether such materials are presented or shown either to persons in a group or to persons individually in separate booths or viewing areas; and
(c) Which regularly excludes any persons by reason of their age.
AGRICULTURE. The tilling of soil, the raising of crops, horticulture and gardening, dairying, or animal husbandry, including all uses customarily incidental thereto, but not including any agriculture industry or business, such as fruit packing plants, fur farms, animal hospitals, commercial feed lots or similar use.
ALLEY. A narrow service way, not less than 20 feet wide, which is open to public travel and dedicated to public use, affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.
APARTMENTS. A building or portion thereof designed with more than four individual dwelling units, which are built, rented, leased or hired out to be occupied on a permanent basis as distinguished from a transient occupancy basis.
ASSISTED LIVING FACILITY. Facility designed for frail elderly residents who need assistance with activities of daily living. ASSISTED LIVING FACILITIES should be designed to promote independence and provide personal care assistance according to individual needs in a homelike environment.
AUTOMOBILE/JUNK. Any auto, truck or other motor vehicle which is inoperative due to a lack of wheels, engine, running gear, portions of the body work or any combination thereof.
AUTOMOBILE WRECKING. The act of dismantling or wrecking of used motor vehicles, trailers, or the storage, sale, or dumping of dismantled, or partially dismantled, obsolete, or wrecked motor vehicles or other parts.
AUTOMOBILE WRECKING YARD. The use of any lot, portion of or tract of land for the storage, keeping, sale or abandonment of automobiles or other motor vehicles.
BED AND BREAKFAST INN. An owner-occupied commercial facility which provides temporary accommodations and meals for compensation. A BED AND BREAKFAST INN will have no more than five bedrooms for rent and will supply meals only to registered guests and to the immediate family members who live in the facility. It is the intent of this chapter that BED AND BREAKFAST INNS serve only as temporary accommodations and not as a long-term residence for the guests (stays limited to less than 30 days).
BOARDING (LODGING OR ROOMING) HOUSES. A building, or portion hereof, other than a hotel, rest home or home for the aged where lodging and/or meals exclusive of the operator’s immediate family are provided for compensation.
BUILDING. Any structure built for support, shelter or enclosure of person, animals, chattels or property of any kind.
BUILDING HEIGHT. The vertical distance from the average elevation of the proposed finished grade at the front of a building to the highest point of a flat roof, the deck line of the mansard roof and the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING INSPECTOR. The official designated by the City Council as the official responsible for accepting, reviewing and approving, or rejecting plans for buildings and applications for building and land use permits and interpretations and enforcement of ordinances related thereto.
CARETAKER’S RESIDENCE. A single-family residence placed in conjunction with and/or attached to a land use that requires 24-hour care in order to protect the livelihood of a business.
CHILD CARE FACILITIES. A person, association or place, incorporated or unincorporated, that provides supplemental parental care on regular basis to children 12 years of age or younger. It includes a family day care home and CHILD CARE FACILITY. It does not include a person who limits care to children who are related by blood or marriage or under their legal guardianship, or any group facility established chiefly for educational purpose.
CHURCH. A building designed for public worship by any religious body.
CLINIC. A place used for the care, diagnosis and treatment of such ailing, infirmed or injured persons, and those who are in need of medical or surgical attention, but who are not provided with board or room or kept overnight on the premises.
CLUBS (FRATERNAL LODGES). Buildings and facilities owned and operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as business.
COMMERCIAL KENNEL. Any lot, premise, structure or building where six or more dogs or six or more cats of at least six months of age are kept.
CONDITIONAL USE. See USE, CONDITIONAL.
CONDOMINIUM/TOWNHOUSE.
(a) CONDOMINIUM. Ownership in common with others of a parcel of land and certain parts of a building, together with individual ownership in fee of particular unit or apartment in such building which he or she may sell, mortgage or devise as he or she would with a single-family dwelling that he or she owned.
(b) TOWNHOUSE. Ownership of a parcel of land with an attached single-family dwelling unit that is connected with other similar dwelling units, but separated from the other similar dwelling units by a common party wall having no doors, windows or other provisions for human passage or visibility.
DENSITY. The total number of dwelling units allowed per gross acre.
DWELLING. The building or portion thereof designed with living quarters for occupancy by one or more families.
DWELLING, DUPLEX. A detached building designed as two structurally joined dwelling units and occupied exclusively by one family per dwelling unit living independently of each other, and with separate entrances.
DWELLING, MULTI-FAMILY. A building designed with three to four structurally joined units and occupied exclusively by one family per dwelling unit living independently of each other, and with separate entrances.
DWELLING, ONE-FAMILY. A building designed with living quarters for occupancy by one family only and containing one dwelling unit on a lot.
DWELLING UNIT. A building or portion thereof providing separate cooking, eating, sleeping and living facilities for one family and its resident domestic employees.
FAMILY. Any individual, or two or more persons related by blood or marriage, or a group of not more than four persons (excluding servants) who need not be related by blood or marriage, living together as a single non-profit housekeeping unit.
FLOOR AREA. The total number of square feet of floor space within the exterior walls of a building, excluding heating, ventilation, elevator and other mechanical components (floor areas of basements shall not apply as part of the required minimum floor area of buildings).
GARAGE, AUTOMOTIVE/VEHICULAR REPAIR. Any building or premises used for the major repair of motor vehicles as a commercial business, but not including auto wrecking or storage of wrecked motor vehicles.
GASOLINE SERVICE STATIONS. Any building or portion thereof and the land upon which its situated used for supplying fuel and/or oil for motor vehicles at retail direct to the consumer and/or making minor vehicle repairs.
HOME OCCUPATION. The use of a dwelling or accessory structure in a residential area, as an office, studio or work room for occupations at home, shall be divided in two categories, minor HOME OCCUPATIONS and major HOME OCCUPATIONS. Such categories shall be defined as follows.
(a) MAJOR HOME OCCUPATION. A home occupation, which is both managed and owned by a family member residing on the premises, which have an attached nameplate or sign not to exceed three square feet, and may create a need of off-street parking, may generate additional traffic, and require equipment other than normally used in household, domestic or general office use.
(b) MINOR HOME OCCUPATION. A home occupation, which is both managed and owned by a family member residing on the premises, which has no visible exterior evidence of the conduct of the occupation, which does not generate additional traffic, does not require more than 300 square feet and in which no equipment is used other than normally used in household, domestic or general office use.
HOSPITAL. An institution providing health services, primarily for in-patients and medical or surgical care of the sick or injured, including out-patient departments, training facilities, central service facilities and staff offices.
HOTEL. A building containing six or more rooms designed for and rented out for sleeping purposes for transients and where only a general kitchen and dining room are provided in the building or in an accessory building.
INDUSTRY. The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof, in such a manner as to change the forms, character or appearance thereof, including, but not limited to, the following: animal hospitals, bottling plants, building or contractors yards, cleaning and dyeing establishments, creameries, dog pounds, junkyards, lumberyards, milk bottling and distributions stations, stockyards, storage elevators, truck storage yards, warehouses, wholesale storage, and other similar types of enterprises.
LANDSCAPING. The placement of ornamental fixtures, such as fountains, ornamental walls, fences, benches, along with vegetative planting or trees, shrubs, grasses, flowers and the like. This definition shall also include the designing of the placement of such materials.
LOADING BERTH-OFF-STREET. An off-street space of berth on the same lot with a principal building for the parking of commercial vehicle while loading or unloading merchandise and which has direct access from a public street or alley.
LOT. A parcel or plat of land shown as an individual unit of ownership on the most recent plat or record of subdivision.
LOT, CORNER. A lot situated at the junction of and abutting on two or more streets.
LOT, COVERAGE. The total area of a lot covered by the principal and accessory buildings.
LOT LINES. The lines bounding a lot as defined herein.
LOT WIDTH. The width of a lot along a line parallel to the frontage thereof and lying a distance equal to the required front yard setback on such a lot.
MANUFACTURED HOME. A factory built or manufactured transportable residential structure more than 32 body feet in length and eight feet or more in width, and built on one or more permanent chassis for towing to the point of use, and designed to be used without a permanent foundation as a dwelling unit when connected to sanitary facilities, and which bears an insignia issued by a state or federal regulatory agency indicating that MANUFACTURED HOME complies with all applicable construction standards of the United States Department of Housing and Urban Development definition of MANUFACTURED HOME. The minimum size of a MANUFACTURED HOME is described herein to refer to existing MANUFACTURED HOMES in the city. Minimum size of a MANUFACTURED HOME that are new or replacement structures differ from this definition, and the minimum size or other requirements are defined in each of the respective zoning districts ordinances. The phrase “without permanent foundation” indicated that the support system is constructed with the intent that the MANUFACTURED HOME placed thereon can be moved from time to time at the convenience of the owner. A commercial coach, recreational vehicle and motor home is not a MANUFACTURED HOME.
MANUFACTURED HOME PARK. A parcel of land that has been planned and improved for the placement of manufactured homes for residential units, in conformance with MCA Title 50, Section 52.
MASTER PLAN. Any document or portion of any document duly adopted by the City Council which is intended to guide the growth and development of the area. The terms MASTER PLAN and “growth policy” are interchangeable within the subchapters of this chapter.
MODULAR HOME. A factory fabricated structure designed primarily for human occupancy to be used by itself or to be incorporated with similar units at a building site into a structure on a permanent foundation and which complies with the Montana Building, Plumbing, Electrical and Mechanical Construction Codes, and the rules and regulations for modular housing of the Building Code Division of the Montana Department of Administration. The term is intended to apply to major assemblies and does not include prefabricated panel, trusses, plumbing-trees, and other prefabricated sub-elements which are to be incorporated into a structure at the site.
(a) The meter base for incoming wiring is attached to the exterior wall of the
MODULAR HOME; whereas, for a manufactured home, the meter base must be attached to a pole or a support which is isolated from the structure. The units shall be listed and assessed by the County Assessor as real or personal property.
(b) MODULAR HOMES which meet the International Building Code will be considered the same as conventional homes for the purpose of this title.
MOTEL. See HOTEL.
NON-CONFORMING USE OR STRUCTURE. A use or structure which lawfully occupied a building or land at the time this title or any amendments become effective and which does not conform with the use regulations of the zone in which it is located.
NURSING HOME. A building or portion thereof used for the housing of and caring for the ambulatory, aged or infirm by a professional staff.
OUTDOOR ADVERTISING DISPLAY.
(a) Any card, paper, cloth, metal, wooden, or other display or device of any kind or character, including, but not limited to, same to any poster, bill printing, painting or other advertisement of any kind whatsoever, including statuary, place for outdoor advertising purposed or on the ground, or any tree, wall, rock, fence, building, structure or thing.
(b) OUTDOOR ADVERTISING DISPLAY does not include:
1. Official notices issued by any court of public body or officer;
2. Notice posted by any public officer in performance of a pubic duty or by any person in giving legal notice; or
3. Directional, warning or informational structure required by or authorized by law or by federal, state, county or city authority.
PARKING LOTS. A structure of an area, other than a public street or alley, designed or used for the temporary parking of motor vehicles, and available for public use, whether free, for compensation, or an accommodation for customers or clients.
PARKING SPACE, OFF-STREET. A space located off any public right-of-way which is at least nine feet wide by 18 feet in length for parking of any motor vehicle, with room to get out of either side of the vehicle, with adequate maneuvering space and with access to public streets or alleys.
PLANNING BOARD. A board which serves in an advisory capacity to the City Council in working to improve the present health, safety, convenience and welfare of the citizens of the city, and to plan for the future development of the city, while promoting the efficient and economical use of public funds.
PROFESSIONAL (BUSINESS) OFFICES. Offices to be occupied by accountants, architects, dentists, doctors, engineers, lawyers, insurance agents, real estate agents or other professions which are of similar nature.
PUBLIC AND QUASI-PUBLIC BUILDINGS. Includes public, semi-public and private elementary schools, high schools, civic buildings, community buildings and uses, museums, art galleries, fire houses, post offices, police stations, reservoirs, senior and youth centers, libraries, park, hospitals, sanitariums, and institutions for philanthropic or charitable purposes, other than correctional, essential services and similar uses.
RECREATIONAL VEHICLE AND TRAVEL TRAILER PARK. Any area or tract or land rented or held out for rent to one or more persons or users for parking or placement of temporary recreational vacation housing.
RECREATIONAL VEHICLES. A vehicle, self-propelled or towed, designed as a temporary dwelling for travel, recreation and vacation uses. Towed RECREATIONAL VEHICLES shall not be more than eight feet in body width.
RESTAURANT. A public eating house which does not provide curbside or automobile service.
RESTAURANT, DRIVE-THROUGH. A public eating house configured to provide a driveway approach or parking spaces for motor vehicles to serve patrons while in the vehicles, either exclusively or in addition to service within a building or structure, or to provide self-service for patrons and food carry-out.
RETAIL SALES. An establishment selling goods, wares or merchandise directly to the ultimate consumers.
ROOMING HOUSE. See BOARDING HOUSE.
ROOMING UNIT. See UNIT, ROOMING.
SCREENED. Concealed or cut off from direct visual contact.
SETBACK. The horizontal distance required between any structure and a lot line. This distance to be measured at right angles to the lot line. The SETBACK line shall be parallel with the lot lines.
SHOPPING CENTER. One or more buildings containing at least three separate retail businesses planned, developed and managed as a unit, with off-street parking provided on the property.
SIGN. Any face of any lettered or pictorial device and/or structure designed to inform or attract attention.
STRUCTURAL ALTERATION. Any change in the shape or size of any portion of a building or the supporting members of the girders, floor joist or roof joist.
STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
UNIT, EFFICIENCY. A dwelling unit with unseparated areas for sleeping and/or cooking.
UNIT, ROOMING. A space for human occupancy lacking private bath and/or kitchen facilities.
USE. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or any 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.
USE, CONDITIONAL. Use, other than permitted uses, that may be allowed in a specific district, but requiring additional safeguards or conditions to maintain and assure the health, safety, morals, and general welfare of the community, and to maintain the character of the district.
VARIANCE. The relaxation of the strict application of the terms of this title with respect to mechanical requirements, such as setback requirements, yard requirements, area requirements, building height, parking and loading space requirements, and the like, where specific physical conditions unique to the site of the lot would create and unreasonable burden by making its development for permitted uses difficult or impossible.
WHOLESALE ESTABLISHMENT. An establishment for the sale of goods and merchandise for the resale instead of direct consumption.
YARD, FRONT. An open space extending across the full width of the lot between the front building line of the principal building and the front lot line. (Yard will be referred to as setback.)
YARD, REAR. An open space extending across the full width of the lot between the rear building line of the principal building and the rear lot line. (Yard will be referred to as setback.)
YARD, SIDE. An open space extending from the side building line to a side lot line running from the front to the rear of the lot. (Yard will be referred to as setback.)
ZERO LOT LINE. The relaxation of the strict application of side yard requirements where two adjoining lot owners agree to the side yard reduction.
(Prior Code, § 11.01.010.040) (Ord. 2021-15, passed 12-20-2021)
Statutory reference:
Planning Board, see MCA §§ 76-1-101 et seq.