(A) Division (B) below gives definitions of certain terms used in these regulations. Terms and phrases used in these regulations that are not defined shall have the term’s or phrase’s common meaning when appropriate for its context and to promulgate the purposes and intent of these regulations. When a question arises concerning application of any term or phrase, it shall be the duty of the Zoning Administrator to ascertain all pertinent facts and make an official interpretation in writing. Thereafter such interpretations shall govern. All interpretations shall be on file in the office of the Town Clerk. Any appeal of the Zoning Administrator’s official written interpretation shall be reviewed by the Board of Adjustment according to § 155.077 of this chapter.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directive.
ACCESSORY USE. A subordinate use customarily incident to the main use of the lot.
ACCESSORY BUILDING. A subordinate building customarily incident to and located on the same lot as the main building.
ALLEY. A public way with a right-of-way not over 30 feet in width which is not designed for general travel; which is used as a means of access to the rear of residences and business establishments and affords only a secondary means of access to the property abutting along its length.
BLOCK. A group of lots fronting on one side of any street between the two nearest of any of the following: street; park; waterway; or railroad.
BUILDING. A structure or a unit of a structure with a roof supported by columns or walls for the permanent or temporary housing or enclosure of persons or property or for the operation of a business.
BUILDING FOR LEASE OR RENT. A building intended to be leased or rented independent of another building on a single tract of land, including circumstances where a unit within a larger structure is to be leased or rented independently.
BUILDING HEIGHT.
(a) The vertical distance from the average level of the highest and lowest points of the normal grade adjacent to the building foundation to the highest point on the roof. Normal grade shall be construed to be the lower of:
1. Existing grade prior to construction; or
2. The newly established grade after construction.
(b) For purposes of measuring BUILDING HEIGHT, the following elements of a building are excluded: chimneys; cooling towers; elevators; bulkheads; fire towers; spires; smoke stacks; wireless communication towers; antennas; and necessary mechanical appurtenances.
CHANGE OF OCCUPANCY OR USE. A change in the type of use such as from one business to another. A CHANGE OF OWNERSHIP OR OCCUPANCY that results in changes such as occupancy by a different family or occupancy by one listed commercial or industrial land use to the same land use listed in these regulations, do not qualify as a CHANGE OF OCCUPANCY OR USE. A CHANGE OF OCCUPANCY OR USE can be minor or non-minor, as follows.
(a) MINOR. A change that has identical or less parking requirements, similar traffic generation potential, creates no additional signage and has, as determined by the Zoning Administrator, similar or lesser impacts on neighboring land uses.
(b) NON-MINOR. A change that has additional parking requirements, added traffic generation potential, creates additional signage or has, as determined by the Zoning Administrator, greater impacts on neighboring land uses.
CLEAR VISION TRIANGLE. A triangular area formed on a corner lot by a line connecting the following two points: the two points on the centerlines of two streets that are 70 feet distant from the point of intersection of the centerlines of the two streets along the corner lot. The CLEAR VISION TRIANGLE is an area in which fences, hedges, walls, shrubs or structures over 36 inches in height above an established top of curb grade are prohibited, except as provided by these regulations. See § 155.058 of this chapter.
COMMUNITY RESIDENTIAL FACILITY. Has the meaning provided in state law, including M.C.A. § 76-2-411, as follows:
(a) A community group home for developmentally, mentally or severely disabled persons that does not provide skilled or intermediate nursing care;
(b) A youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program or youth group home as defined in M.C.A. § 52-2-602;
(c) A halfway house operated in accordance with regulations of the Department of Public Health and Human Services for the rehabilitation of alcoholics or drug dependent persons;
(d) A licensed adult foster family care home; or
(e) An assisted living facility licensed under M.C.A. § 50-5-227.
CONDITIONAL USE. A use allowed as a special exception in a zoning district that is not allowed as a typical permitted use because such uses require additional controls and safeguards not required of otherwise permitted uses; these uses are allowed subject to appropriate conditions after findings by the Board of Adjustment that the specific use proposed meet applicable criteria for CONDITIONAL USES outlined by these regulations.
CONDOMINIUM.
(a) A form of ownership of single units with common elements located on property submitted to the provisions of the state’s Unit Ownership Act (M.C.A. Title 70, Ch. 23).
(b) The term does not include a townhome or townhouse.
DWELLING, MULTI-FAMILY. A building with three or more individual dwelling units, such as three-family dwellings, four-family dwellings and the like.
DWELLING, SINGLE-FAMILY. A detached building with one individual dwelling unit. Manufactured housing is a type of SINGLE-FAMILY DWELLING(S), if used as such.
DWELLING, TWO-FAMILY. A building with two individual dwelling units.
DWELLING UNIT. One or more rooms providing complete living facilities for one family, including equipment for cooking provisions for same, and including room, or rooms, for living, sleeping and eating.
FAMILY. One or more persons living as a single housekeeping unit.
HOME OCCUPATION. A commercial or light industrial activity conducted in a dwelling or a building accessory to a dwelling. See § 155.054 of this chapter.
INFILL DEVELOPMENT. Development or redevelopment designed to occupy scattered, vacant or underutilized parcels of land that remain after the majority of development has occurred in an area.
LANDOWNER. An owner of a legal or equitable interest in real property. The term includes an heir, successor or assignee of the ownership interest.
LEASE or RENT.
(a) The transfer of possessory interest in property for any period of time where payment, services or other values are exchanged for the tenant’s use of the property without a transfer of title to the real estate.
(b) For purposes of these regulations, the terms LEASE and RENT do not include such arrangements between relatives, specifically, those between individuals and their parents, children, spouses, siblings and ancestors, natural or by adoption.
LOT. A parcel of land occupied or capable of being occupied by one building and the accessory buildings or uses customarily incidental to it, including such yards and open spaces as are required by this chapter. These regulations establish the following two types of LOTS.
(a) CORNER LOT. A lot at the intersection of two streets with frontage along both streets.
(b) INTERIOR LOT. A lot that is not a corner lot.
LOT COVERAGE.
(a) The area of a lot or parcel that is covered by rooftops (excluding above grade projections such as eaves and soffits that project horizontally from the edge of the foundation wall 30 inches or less), paving and other surfaces that prevent direct infiltration of precipitation or runoff into the soil. LOT COVERAGE is typically expressed as a percentage of the total area of the lot.
(b) Surfaces such as gravel driveways and permeable pavers may be assessed for LOT COVERAGE based on relative imperviousness factor guidance provided by MDEQ or other credible sources.
(c) Slatted decks are not considered LOT COVERAGE where the ground under the deck is pervious.
LOT LINES. Property lines of a lot or parcel. These regulations establish three types of LOT LINES.
(a) FRONT LOT LINE. The lot line closest to and paralleling the street on which the main building is addressed. Except where one of the bordering streets is an arterial or collector, corner lots shall treat the lot line along the street on which the structure is addressed as “front”. The lot line on an arterial or collector shall, however, be the FRONT LOT LINE, regardless of whether the structure is addressed on that street.
(b) REAR LOT LINE. The lot line on the opposite end of a lot from the front lot line, which is parallel, or more or less parallel, to the front lot line.
(c) SIDE LOT LINE. A lot line extending from the front lot line to the rear lot line. For purposes of determining side yards, any lot line not a rear lot line or a front lot line shall be deemed a SIDE LOT LINE.
MAIN BUILDING. The building on a lot occupied by the principal use of the lot, and to which all other buildings on the premises are accessory.
MANUFACTURED HOUSING.
(a) A building that serves as a single-family dwelling, built off-site in a factory on or after 1-1-1990, that is placed on a permanent foundation, is at least 1,000 square feet in size, has a pitched roof and siding and roofing materials that are customarily 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 its production.
(b) A MANUFACTURED HOME does not include a mobile home or house trailer, as defined in M.C.A. §§ 15-1-101 (76-2-302(4)).
MOBILE HOME.
(a) A form of housing known as TRAILERS, HOUSE TRAILERS or TRAILER COACHES exceeding eight feet in width or 45 feet in length, designed to be moved from one place to another by an independent power connected to them, or any trailer, house trailer or trailer coach up to eight feet in width or 45 feet in length used as a principal residence (M.C.A. § 15-1-101(m)).
(b) MOBILE HOMES permitted in the town shall be at least 14 feet wide and placed on a permanent foundation.
MOBILE HOME PARK. A tract of land providing two or more mobile home lots or spaces for lease or rent.
NON-CONFORMING USE. A building, structure or use of land legally existing at the time of the enactment of a zoning regulation and which now does not conform to the particular standard of the zoning regulations.
NWI WETLANDS. Wetlands as identified on the latest National Wetlands Inventory (NWI), as mapped by the U.S. Fish and Wildlife Service.
PARKING SPACE, OFF-STREET. A space located outside any public right-of-way which is at least nine feet by 20 feet in size with vertical clearance of seven feet, for parking of typical passenger vehicles with room to get out on either side of the vehicle, with adequate maneuvering space and accessible to public streets or alleys.
PLANNED UNIT DEVELOPMENT (PUD). A land development project designated as such by the Town Council, consisting of residential clusters, industrial parks, shopping centers or office building parks that compose a planned mixture of land uses built (or planned to be built) in a prearranged relationship to each other and having open space and community facilities in common ownership or use.
PLANNED UNIT DEVELOPMENT (PUD) MASTER SITE PLAN. The site plan for a proposed PUD, which may be the plat of the proposed subdivision, which includes information required for PUD designation including all covenants, grants of easements and other conditions relating to use, locations and bulk of structures, density of the development, types of uses, common open space, private open space, public utilities and private and public roads and streets.
PRINCIPAL USE. The primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory.
RECREATIONAL VEHICLE (RV). A vehicle used and so constructed as to permit its being used as a conveyance upon public streets or highways and duly licensable as such, constructed in such a manner as will permit occupancy thereof as a temporary or seasonal dwelling.
SETBACK. The horizontal distance between the property line and the outer wall of a building, at grade, or any above-grade extension that projects more than 30 inches from the outer wall at grade. A minimum setback distance establishes the respective minimum yard size on a lot. These regulations establish three types of SETBACKS.
(a) FRONT YARD SETBACK. The setback measured from the front lot line to any building.
(b) REAR YARD SETBACK. The setback measured from the rear lot line to the main building on a lot. The rear lot line is parallel, or more or less parallel, to the street. Corner lots have two rear yards, but may treat either as a side yard for the purposes of these regulations.
(c) SIDE YARD SETBACK. The setback measured from the side lot line to any building.
STREET. A public thoroughfare equal to or more than 40 feet in width which has been dedicated or deeded to the public use and which affords principal means of access to abutting property. Street types and functional classifications, such as arterials, collectors and local streets, shall be determined by the Zoning Administrator using recognized sources most appropriate at the local level, such as adopted subdivision regulations or a local transportation plan.
STRUCTURE. Anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs and billboards, but not including fences or walls used as fences, which are less than six feet in height.
TOWN. The Town of Fairview, Richland County, Montana.
TOWNHOME or TOWNHOUSE.
(a) Property that is owned subject to an arrangement under which persons own their own units and hold separate title to the land beneath their units, but under which they may jointly own the common areas and facilities.
(b) TOWNHOMES or TOWNHOUSES are permitted as residential dwelling units subject to the provisions of these regulations, but side setbacks and side yards do not apply to the common property line between the units.
TRACT. An individual parcel of land that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the County Clerk and Recorder’s office.
VARIANCE. The relaxation of the strict application of the terms of these regulations with respect to setback requirements, yard requirements, lot coverage requirements, building heights, parking and loading requirements, uses and improvements, where specific physical conditions unique to the site would create an unreasonable burden by making its development difficult or impossible.
YARD.
(a) An area of a lot between a property line and an actual building setback line.
(b) A MINIMUM YARD is a yard unoccupied by buildings, except as may be expressly allowed by these regulations.
(c) These regulations establish three types of YARDS, each of which may a have minimum yard size as a result of the minimum setback.
1. FRONT YARD. The yard between the front lot line and the front side of any building closest to the front lot line.
2. REAR YARD. The yard between the rear lot line and the rear side of the main building on a lot.
3. SIDE YARD. A yard between the side of any building and the side lot line extending from the front yard to the rear lot line. For purposes of determining SIDE YARDS, any lot line not a rear lot line or a front lot line shall be deemed a side lot line.
ZONING ADMINISTRATOR. The person appointed by the Town Council to administer these zoning regulations.
ZONING COMMISSION. The duly appointed advisory board as established by the Town Council pursuant to § 155.082 of this chapter for the purposes of reviewing zoning district boundaries, zoning changes, amendments to these regulations and recommending zoning classifications for newly annexed land.
(Ord. 329, passed 1-11-2016)