Words having a more specific meaning than in common usage are defined in this section. Certain other sections of this title include additional definitions specifically applying to the content of those sections. Unless indicated otherwise, the following definitions shall also apply to those sections.
ACCESSORY STRUCTURE OR USE: A use or structure on the same lot with, and customarily subordinate to, the principal use or structure.
AGGRIEVED PERSON: As applied in the plan appeals procedure section of this title, a person who has a specific, personal and legal interest in the final decision of an agency of town government. Such interest shall be distinguished from a general interest such as the concern of all members of the community and which interest would be specifically and personally prejudiced by the decision or benefited by its reversal.
ALTERATION: As applied in the design review section of this title, any act or process, except "repair" and "light construction" as defined below, that changes one or more of the architectural features of a structure or site. Such changes may include, but not be limited to, the erection, construction, reconstruction, relocation of or addition to a structure.
APPELLANT: As applied in the design review section of this title, an aggrieved person who has taken an appeal from an agency of town government to another body designated in the plan appeals procedure section by the filing of a notice of appeal.
ARCHITECTURAL APPEARANCE: As applied in the design review section of this title, the architectural character and general composition of a structure. This may include, but not be limited to, the kind and texture of the building materials and the type, design and character of the windows, doors, light fixtures, signs and appurtenant exterior elements. Additionally, interior architectural detail including, but not limited to, floors, fixtures, hardware, ornamentation and other elements that contribute to the building's architectural or historical significance.
AREA: As applied in the design review section of this title, a specific geographic division of the town of Ennis.
ARTIFICIAL LOT: An area within the building site that is delineated by the zoning administrator for the sole purpose of satisfying the requirements of landscaping section.
BASEMENT: The portion of a structure not extending more than four feet (4') above average grade on any side.
BASIC SECTOR: A business or business type whose major function is to manufacture, assemble or refine products primarily for distribution to markets outside of the local area.
BED AND BREAKFAST: A building or buildings, containing seven (7) or fewer sleeping rooms; to house fourteen (14) or fewer short term guests for compensation, and where only a general kitchen and dining room may be provided.
BERM: A mound of earth two (2) to six feet (6') high, planted with vegetative ground cover, with a slope not exceeding one foot (1') of rise for each two feet (2') of run.
BILLBOARD: A sign structure erected for the purpose of leasing advertising space to promote an interest other than that of an individual, business, product or service available on the premises on which the billboard is located.
BLOCK: That property abutting on one side of a street and lying between the two (2) nearest intersecting streets or other barrier or a separation in the continuity of development along such street.
BOARDING/LODGING HOUSE: A building equipped for providing boarding and lodging, or lodging only, for compensation, with a maximum of seven (7) sleeping rooms to house no more than fourteen (14) occupants.
BUILDING: Any structure erected for support, shelter or enclosure of persons, animals or property.
BUILDING, AREA: That portion of the lot that can be occupied by structures.
BUILDING, HEIGHT: The vertical distance measured from the average elevation of the finished grade around the building to:
A. Highest Point: The highest point of the coping of a flat roof;
B. Top Of Mansard: The top of a mansard roof; or
C. Two-Thirds Of Gable: Two-thirds (2/3) the height of the highest gable of a pitch or hip roof.
BUSINESS: As applied to the community signage overlay district, all of the activities carried on by the same legal entity on the same premises and shall include, but not be limited to, service, commercial and industrial uses and fraternal, benevolent, educational, governmental and social obligations.
BUSINESS COMPLEX: As applied to the community signage overlay district, a property ownership with two (2) or more business tenants one of which may be the property owner.
CALIPER: The diameter of a tree trunk measured six inches (6") above ground level up to and including four inch (4") caliper size. If a tree is a multitrunk variety, the caliper of the tree is the average caliper of all of its trunks.
CAMP GROUND: See definition of Recreational Vehicle Park.
CANOPY: A permanent, unenclosed roofed structure which may be freestanding or partially attached to a building that is used to provide shelter to patrons on foot or in automobiles.
CANOPY TREE: A species of tree that normally bears crown foliage no lower than six feet (6') above ground level upon maturity.
CARETAKER'S RESIDENCE: A dwelling unit located in conjunction with a residential, commercial or industrial land use.
CENTRAL WATER AND SEWER: Utility systems serving a group of buildings, lots, or an area.
CHURCH: A building designed and used for public worship by a religious body.
CONDITIONAL USE: A use that is allowed in a zoning district if the use meets certain requirements described in chapter 4 of this title.
CONSTRUCTION: As applied in the design review section of this title, the act of adding to an existing structure or erecting a new principal or accessory structure.
CONSTRUCTION, NEW: As applied in the floodplain management overlay district, structures for which the "start of construction" commenced on or after the effective date hereof.
DEMOLITION: Any act or process that destroys, in part or whole, a structure or archaeological site.
DENSITY, GROSS: The total number of residential units on a tract divided by the total acreage of the tract (including 1/2 of the area of abutting vehicular rights of way). (GD = DU's/Ac's)
DEVELOPMENT: As applied in the floodplain management overlay district, any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
DISPLAY SURFACE: As applied to the community signage overlay district, the portion of a sign structure that may be used to display a message.
DISTRICT, ZONING: An area delineated on the zoning map within which the use and arrangement of land and structures is prescribed in this title.
DRIVE IN: An establishment providing goods or services to persons in their vehicles or at curbside.
DWELLING: A building designed for human habitation other than transient facilities such as a bed and breakfast or a hotel/motel/inn.
DWELLING, MULTIPLE-FAMILY: A building designed for use by two (2) or more families.
DWELLING, SINGLE-FAMILY: A building designed for residential occupancy by one family.
DWELLING UNIT: All or part of a building providing separate cooking, eating and sleeping facilities for one family.
EAVES: Lowest horizontal line of any roof.
ENHANCED PAVEMENT: Any decorative pavement intended for pedestrian or vehicular use, including brick or stone pavers, grass paver, exposed aggregate concrete, and stamped and stained covered pavement.
ERECT: Construct, place, affix or otherwise bring into being.
ESSENTIAL SERVICES: Government, public utility corporation and privately owned infrastructure and service facilities that serve common neighborhood, community or regional interests, including, for example, utility lines, fire stations, storm drainage systems, sewage treatment plants and electric transmission system towers.
EVERGREEN TREE OR SHRUB: A tree or shrub of a species that normally retains its leaves/needles throughout the year.
FACADE: Any face of a building.
Primary: The principal facade of the building where its principal entrance is located and which may or may not face the street of its legal address.
Secondary: Facades other than the primary facade.
FAMILY: A single housekeeping unit made up of no more than three (3) persons not related by blood or marriage.
FINAL DECISION: As applied in the design review section of this title, the final action of an agency of town government when no other action is available before that agency.
FLOOD, BASE: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
FLOOD HAZARD AREA: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
FLOOD HAZARD BOUNDARY MAP OR FLOOD INSURANCE RATE MAP: The official map issued by the federal emergency management agency indicating where areas of special flood hazard are designated.
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. Overflow: The overflow of waters; and/or
B. Accumulation: The unusual and rapid accumulation of runoff of surface waters from any source.
FLOODPLAIN: Area subject to a flood or flooding.
FLOOR AREA: As applied to parking and loading requirements, the term "floor area" shall mean eighty percent (80%) of the gross floor area measured on the basis of exterior dimensions of the building or buildings on the site to be served by the parking and or loading area.
FLOOR AREA RATIO (FAR): The gross floor area, including usable attic, basement and accessory building space, divided by the total horizontal area of the lot (the portion of the property allocated to the use and no other use). One-half (1/2) of the area of surrounding public rights of way may be included as part of the lot for the purpose of making this calculation.
FRONTAGE BUILDING: As applied to the community signage overlay district, that facade of building which faces and is parallel to, or most nearly parallel to, the public street which provides the primary direct vehicular access to the building.
FRONTAGE STREET: As applied to the community signage overlay district, a lot line fronting a public street.
GARAGE, PRIVATE: An accessory building or portion of a main building on the same lot and used for the storage of private passenger motor vehicles.
GARAGE, PUBLIC: All or part of a building, except a private garage or a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire.
GARAGE, REPAIR: A building or space for the repair or maintenance of motor vehicles, but not including auto wrecking establishments, or junk yards.
GRADE: The point of elevation of the finished ground surface at the exterior wall of the building.
GROUND COVER: Natural mulch or plants of species which normally reach a height of less than two feet (2') upon maturity, installed in such a manner so as to form a continuous cover over the ground.
GROUP HOME: A dwelling facility, licensed by the state of Montana department of health and human services or department of family services, designed to safely and adequately house disabled persons, or serve as a halfway house providing drug or alcohol rehabilitation, adult foster family daycare, or group daycare services for twelve (12) or fewer children.
HARDSHIP: Hardship of the land refers to circumstances unique to a particular property that may warrant the issuance of a variance pursuant to subsection 11-1-9B of this title. Financial or economic difficulties, or consequences of actions of the property owner, are not "hardships" for zoning purposes.
HOME OCCUPATION: The use of a portion of a dwelling unit or accessory building for occupations meeting the provisions of "home occupations", section 11-4-6 of this title. The occupational activity must be clearly incidental and subordinate to the use of the building as a dwelling.
HOTEL/MOTEL/INN: A building or buildings containing eight (8) or more rooms designed for and rented to the traveling public, and where only a general kitchen and dining room may be provided within the building or in an accessory building.
KENNEL: A place where three (3) or more dogs or cats are kept whether as pets, for boarding, or for other commercial purposes.
LANDMARK: As applied in the design review section of this title, a site, structure or object designated as a "landmark" that is worthy of preservation, restoration or rehabilitation because of its historic land planning or architectural significance and officially recognized through listing in the National Register of Historic Places. A landmark shall be subject to all design review procedures and requirements.
LANDSCAPE ARCHITECT: A person licensed to practice landscape architecture in the state of Montana.
LANDSCAPING: At least seventy five percent (75%) coverage of an area with natural grass, vegetative ground cover or other natural living plant materials, the remainder of which is covered with nonvegetative decorative landscape elements. Landscaping shall be considered to have the same meaning as the terms landscape, landscaped, and landscaped area.
LARGE SHRUB: A shrub that normally reaches a height of five feet (5') or more upon maturity, and usually has five (5) or more canes.
LARGE TREE: A tree of a species that normally reaches a height of twenty five feet (25') or more upon maturity, and usually has a single trunk.
LIGHT CONSTRUCTION: As applied in the design review section of this title, any change not construed as an alteration or repair, including:
A. Paving of established driving and parking areas;
B. Construction of patios not greater than one hundred twenty (120) square feet in size;
C. Construction of sidewalks not wider than three feet (3'); and
D. Landscaping (but not including major changes in grading or site surface drainage).
LIVESTOCK: Horses, sheep, cattle, sheep, goats, swine, donkeys, mules, llamas, chickens, turkeys or other animals and birds raised and maintained for breeding, recreation or production purposes.
LOADING SPACE: An off street space conveniently located at a building to allow service pick ups 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 fronting on two (2) or more, intersecting streets.
LOT DEPTH: The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE: An interior lot having frontage on two (2) parallel or approximately parallel streets.
LOT, INTERIOR: A lot fronting on only one street.
LOT LINES: The lines bounding a "lot" as defined herein.
LOT WIDTH: The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building lines.
LOT WITH RESIDENTIAL ADJACENCY: Any building lot in a nonresidential zoning district, if the site abuts or is directly across a public street or alley from a zoning district permitting residential uses.
LOWEST FLOOR: As applied in the floodplain management overlay district, the floor of the lowest enclosed area of a structure including the basement used for living purposes, storage, or recreation and including any floor that could be converted to such a use.
MAINTAIN: As applied in the floodplain management overlay district, to allow existing or continuing.
MANUFACTURED HOUSING: A single-family home, built off site or in a factory, that meets uniform building codes, that is placed on a permanent foundation, is at least one thousand (1,000) square feet in size, has a pitched roof and siding and roofing materials that are customarily, as defined by local regulations, used on site built homes and is in compliance with the applicable prevailing standards of the United States department of housing and urban development at the time of production.
MANUFACTURED HOME PARK: A tract of land providing two (2) or more spaces for lease, rent or sale to the general public for siting manufactured homes.
NATIONAL REGISTER: The National Register of Historic Places; a list, maintained by the U.S. department of interior, of sites, properties, objects, and districts having local, state or national historical, architectural or cultural significance.
NONCONFORMING USE: Often referred to as a "grandfathered", any lot, use or structure lawful at the time of adoption hereof or amendment, which does not conform with the adopted provisions set forth in the "nonconforming lots, uses and structures" section.
NONPERMEABLE COVERAGE: Coverage with nonpermeable pavement.
NURSING/CONVALESCENT/REST HOME: A building used to house and care for children, aged, ambulatory patients, or infirm persons under the care and supervision of a professional staff. Such home does not contain equipment for surgical care or for treatment of disease or injury.
OFFICE: Buildings or parts of buildings designed to be occupied by business, administrative or public agency professionals.
PARKING SPACE: A area of not less than one hundred eighty (180) square feet, exclusive of driveways and aisles, of appropriate shape and dimensions to be usable for parking a motor vehicle.
PERMEABLE PAVEMENT: A paving material that permits water penetration to a soil depth of eighteen inches (18") or more. Permeable pavement may consist of nonporous surface materials collectively comprising less than two-thirds (2/3) of the total surface area.
RECREATIONAL VEHICLE (RV): A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, and licensed as such.
RECREATIONAL VEHICLE PARK: A premises used for public camping where persons can rent space to park individual camping trailers, pickup campers, motor homes, and travel trailers.
RECYCLING UNITS: Containers designed to be located in easily accessible locations and used exclusively for the collection of recyclable goods, including metals, glass, clothing and similar reusable materials.
RELOCATION: As applied in the design review section of this title, any movement of a structure on the same site or to another site.
REPAIR: As applied in the design review section of this title, any change not otherwise construed as "light construction" or an "alteration" as defined above. Such change constitutes, for example, replacing broken, worn or damaged materials with like, not necessarily identical, materials and is insignificant to the size and condition of the structure or property. Repainting shall be included under this definition of "repair".
RESTAURANT: A public eating facility that does not provide drive in automobile service.
RETAIL SALES: An establishment selling goods, wares, or merchandise directly to a customer.
ROOFLINE: The line which marks the highest point of the vertical front of a building in the case of a false front, or the line where the roof is joined to the vertical front wall of the building in other cases.
SALVAGE YARD: Land or buildings where waste, discarded, recycled or salvaged materials are brought, sold, stored, exchanged, cleaned, packed, disassembled, or handled, including, but not limited to, scrap metal, rags, paper, hides, appliances, rubber products, glass products, lumber products and products resulting from wrecking of automobiles or other vehicles.
SCREENING: A method of visually shielding or obscuring properties or structures from other properties and public roadways through the use of densely planted vegetation, fences, walls and/or berms.
SETBACK: See definition of Yard.
SHOPPING CENTER: One or more buildings containing at least three (3) separate retail businesses that are planned, developed and managed as a unit.
SIGN: A sign is any object or device or part thereof situated outdoors or indoors which is used to advertise or identify an object, person, institution, organization, business, product, service, event or location. Signs do not include the following:
Flags: Flags of nations or an organization of nations, states, and cities, fraternal, religious and civic organizations.
Merchandise Displays: Merchandise, pictures, models, products or services in a window display.
Symbols: National, state, religious, fraternal, professional and civic symbols or crests.
Time And Temperature: Time and temperature devices not related to a product.
Traffic Direction: Signs that direct traffic movement into or within a vehicle parking area and not exceeding three (3) square feet in area.
Works Of Art: Works of art that in no way identify a product or imply a service.
SIGN TYPES: As applied to the community signage overlay district, any of the following:
Awning: A structure made of cloth, vinyl, metal or similar material with metal frames attached to a building, projecting over a thoroughfare or entrance.
Banner: A flag, bunting or other flexible sign characteristically hung on a building, or otherwise suspended down or along its face or across any public street of the town. The banner may or may not include copy or other graphic symbols.
Bench: Any sign painted on or otherwise attached to a bench or other seat.
Billboard: A sign structure erected for the purpose of leasing advertising space to promote an interest other than that of an individual, business, product or service available on the premises on which the billboard is located.
Directional: An on premises sign designed to be read by a person already on the premises and used only to identify and locate an office, entrance, exit, motor vehicle route, telephone or similar place, service or route.
Directory: A sign giving the name, address, number or location of the occupants of a building or buildings.
Flexible: A windsock, flag, pennant, streamer or banner or similar sign.
Freestanding: A sign supported by one or more uprights or braces not attached or incidentally attached to any building or structure, but does not include ground mounted signs.
Ground Mounted: A permanently mounted sign which is not attached to any structure or building.
Internally Illuminated: A sign that is wholly or partially illuminated by an internal light source from which source light passes through the display surface to the exterior of the sign.
Off Site: Any sign off the main business premises.
Outdoor Advertising: A sign which advertises goods, products or services which are not sold, manufactured or distributed on or from the premises or facilities on which the sign is located.
Portable: Any sign or other graphic that is designed to be or is capable of being transported from one place to another.
Projecting: A sign that extends perpendicularly or nearly perpendicularly from the building face to which it is attached.
Roof: A sign located on or above the roof of any building, not including a false mansard roof or other fascia.
Sandwich Boards: Moveable, double faced signs not to exceed three feet (3') in width and four feet (4') in height commonly used on sidewalks in front of stores to call attention to the business within.
Temporary: A banner, pennant, poster or advertising display constructed of cloth, canvas, plastic sheet, cardboard, wall board, sheet metal, plywood or similar materials and intended to be displayed for a limited period of time.
Wall: A sign painted or otherwise affixed to the face of a building, roof overhang, facade or gable end in a plane parallel to such face.
SMALL TREE: A tree of a species that normally reaches a height of less than twenty five feet (25') upon maturity.
STORY: That portion of a building included between the surface of any floor other than a basement and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. As applied in the floodplain management overlay district, "structure" shall include all classes of manufactured homes, modular homes and recreational vehicles together with aboveground gas or liquid storage tanks.
STREET: A right of way legally or otherwise legally established for public use as access to abutting property.
Alleys And Ways: Streets designated to provide service vehicle and vehicular parking access to abutting uses and which shall be designed and physically constructed to limit vehicular speeds to seven (7) miles per hour, or less.
Arterial: Major thoroughfares (US 287 and SR 287) that collect vehicular traffic from "collector" and "local access" streets.
Collector: Streets primarily designated to carry vehicular traffic from "local access" streets to "arterial" streets and be designed and physically constructed to restrain vehicular speeds to thirty five (35) miles per hour, or less.
Local Access: Streets designated to provide vehicular access to abutting uses, discourage through traffic and be designed and physically constructed to limit vehicular speeds to twenty five (25) miles per hour, or less.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building such as bearing walls, columns, beams, or girders, or any change in the building's exterior dimensions, walls or rooflines.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND): A development pattern that reflects that which preceded reliance upon private automobiles as the principal means of commuting between home, school, shopping and work.
USE: The purpose for which land or a building structure thereon is designed, arranged, intended, or maintained, or for which it is or may be used or occupied.
VARIANCE: The approved relaxation of certain provisions of these regulations, where owing to circumstances unique to a specific property, literal enforcement of the provisions will result in an undue hardship as described in section 11-1-9 of this title.
WATERCOURSE: Any natural watercourse including a stream, river, creek, ravine, gully or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks. Any adjacent area that is subject to occasional overflow shall be considered part of the watercourse. Watercourse shall not include a facility constructed exclusively for the conveyance of irrigation water.
WHOLESALE: The sale of goods and merchandise for resale rather than for use by the end user.
YARD, CORNER SIDE: The "front, side and/or rear yard" space, lying at the intersection of streets other than alleys.
YARD, FRONT: A space not permitted for occupancy by building(s), extending across the front of the lot and lying between the front property line and the nearest line of the building(s). All yards fronting on streets, other than alleys, shall be interpreted as front yards.
YARD OR SETBACK: Space on a lot, unoccupied and unobstructed by any portion of the "building area". The minimum horizontal distance between the "lot line(s)" and "building(s)" measured at right angles to the lot lines, which dimension shall be used in determining required yard widths and depths. No part of yards required around building(s) on one lot shall be used to comply with required yards around building(s) on another lot.
YARD, REAR: A space not permitted for occupancy by building(s), extending across the rear of the lot and lying between the rear line and nearest line of the building(s).
YARD, SIDE: A space not permitted for occupancy by building(s) extending across the sides of the lot and lying between the sidelines and nearest lines of the building(s).
ZONE: A zoning district established pursuant to this title. (Ord. 131, 3-14-2002)