For the purpose of this title, certain terms and words are hereby defined as follows:
ACCESSORY: A use, a building or structure, part of a building or structure which is subordinate to, and the use which is incidental to that of the main building, structure or the use on the same lot, including a private garage.
Attached Accessory Structure: Any structure or building which has any roof or wall in common with principal structure. For purposes of zoning, an attached accessory structure is considered part of the principal structure.
Detached Accessory Structure: Any structure or building which does not have any roof or wall in common with any principal structure or building. For purposes of zoning, a detached accessory structure must maintain a minimum distance of ten feet (10') from any other building or structure.
AGRICULTURE: The use of land for agricultural purposes, including farming, pasture agriculture, grazing land, animal and poultry husbandry, horticulture, floriculture, viticulture, including all uses customarily incidental thereto but not including any agriculture industry or business such as commercial feed lots, animal hospitals, food processing plants, fur farms or similar uses.
ALLEY: A public thoroughfare which affords only a secondary means of access to property abutting thereon.
ALTERATIONS: A change or rearrangement of the structural parts of existing facilities, or an enlargement by extending the sides or increasing the height or depth or the moving from one location to another. In buildings for business, commercial, industrial or similar uses, the installation or rearrangement of partitions affecting more than one-third (1/3) of a single floor area shall be considered an alteration.
APARTMENT: A room or suite of rooms located in a one-, two-, or multiple-family structure, which shall include a bath and kitchen accommodations intended or designed for use as an independent residence by an individual or single family.
APARTMENT BUILDING: See definition of Dwelling, Multiple-Family.
AUTOMOBILE OR VEHICLE SALVAGE OR WRECKING YARD: The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, or partially dismantled, obsolete, or wrecked vehicles or their parts or any establishment or place of business which is maintained or used for the storage, keeping, buying or selling of wrecked, scrapped or dismantled motor vehicles or motor parts. The presence on any lot or parcel of land of two (2) or more motor vehicles, which, for a period exceeding thirty (30) days, have not been capable of operating under their own power and from which parts have been removed for reuse or sale, shall constitute a salvage or wrecking yard.
BARS, TAVERNS AND COCKTAIL LOUNGE: An establishment where alcoholic beverages are sold and consumed on the premises.
BED AND BREAKFAST INN: A house, or a portion thereof, that contains short term guest rooms where lodging, with or without meals, is provided for compensation. The operator of the inn shall live on the same property upon which the inn is located.
BLOCK: That property bounded on all sides by streets, railroad right of way, waterway or other barrier to or gap in the continuity of development along a street.
BOARDING OR LODGING HOUSE: Boarding house shall mean the same as lodging house where for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals, are provided. Boarding houses shall not be construed to mean rest homes or convalescent homes. This definition shall also exclude "Bed and Breakfast Inns".
BUILDING: Any structure having a roof, but excluding all forms of vehicles even though immobilized. When a use is required to be within a building, or where special authority granted pursuant to this chapter requires that a use shall be within an entirely enclosed building then the term "building" means one so designed and constructed from the ground to the roofline, and shall contain no openings except for windows and doors which are designed so that they may be closed.
BUILDING AREA: That portion of the lot that can be occupied by structures, excluding the front, rear and side yards.
BUILDING HEIGHT: The vertical distance from the highest point of a structure to the "grade," excluding permissible height exceptions elsewhere in the zoning code.
CARPORT: A structure to house or to protect motor vehicles owned or operated by the occupants of the main building which is open on three (3) or fewer sides.
CHILDCARE FACILITIES:
Daycare Center: A place in which supplemental parental care and/or adult supervision is provided to thirteen (13) or more children, including the operator's children, on a regular basis, and which may include nursery schools, private kindergartens, or after school care and supervision. Such daycare center shall be licensed as required by the state, city or county and conducted in accordance with applicable state and local requirements.
Family Daycare Home: A private residence in which supplemental parental care is provided for up to six (6) children, including the operator's children, from separate families on a regular basis. Such daycare home shall be licensed by the Montana department of social and rehabilitation services under Montana Code Annotated title 53, chapter 4, part 5, as required by state law.
Group Daycare Home: A private residence in which supplemental parental care is provided for seven (7) to twelve (12) children, including the operator's children, on a regular basis and which is licensed by the Montana department of social and rehabilitation services under Montana Code Annotated title 53, chapter 4, part 5, as required by state law.
COMMUNITY RESIDENTIAL FACILITIES:
Adult Foster Family Care Home: A private home licensed by the Montana department of family services owned by one or more persons eighteen (18) years of age or older which offers light personal care or custodial care to disabled adults who are not related to the owner by blood or marriage, or which offers light personal care or custodial care to aged persons. The number of aged persons or disabled adults in an adult foster family care home may total no more than four (4).
Community Group Home: A family oriented residence or home licensed by the appropriate state agency designed to provide residential services and facilities for developmentally, severely disabled or mentally disabled persons, but does not provide skilled or intermediate nursing care.
Youth Foster Home: A youth care facility licensed by the appropriate state agency in which substitute care is provided to one to six (6) foster children or youths, other than the foster parents' own children, stepchildren or wards.
Youth Group Home: A youth care facility licensed by the appropriate state agency in which substitute care is provided to seven (7) to twelve (12) children or youth.
CONDITIONAL USE: A use which is not allowed in the zone as a matter of right, but which is permitted upon findings of the board that under the particular circumstances present, such use is in harmony with the principal permitted uses of the zone. Allowable conditional uses are specifically listed under the district regulations. Uses not so listed shall not be allowed as conditional uses.
DAYCARE CENTER: See within definition of Childcare Facilities.
DWELLING: A building or portion thereof, designed or used exclusively for residential occupancy, including one-family, two- family and multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses or bed and breakfast guest rooms.
DWELLING, MULTIPLE-FAMILY: A building constructed and designed for occupancy by three (3) or more families living independently of each other, and containing three (3) or more dwelling units, where the dwelling units share a common separation such as a ceiling, wall, etc., (including, without limitation, the wall of an attached garage or porch) and where access cannot be gained between the units through an internal doorway, excluding common hallways.
DWELLING, SINGLE-FAMILY: A detached dwelling containing accommodations for and intended for occupation by one family only.
DWELLING, TWO-FAMILY: A building constructed and designed for occupancy by two (2) families living independently of each other, and containing two (2) dwelling units, where the dwelling units share a common separation such as a ceiling, wall, etc., (including, without limitation the wall of an attached garage or porch) and where access cannot be gained between the units through an internal doorway.
DWELLING UNIT: One or more rooms designed for or occupied by one family for living or sleeping purposes and may contain kitchen and/or bathroom facilities for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. A studio/efficiency apartment constitutes a dwelling unit within the meaning of this chapter.
FAMILY: One or more persons related by blood, adoption, marriage or other legal means living together as a single housekeeping unit, or not more than two (2) persons, though not related by blood, adoption, marriage or other legal means living together as a single housekeeping unit, shall be deemed to constitute a family.
FAMILY DAYCARE FACILITY: See within definition of Childcare Facilities.
FENCE: A barrier composed of posts connected by boards, rails, panels or wire for the purpose of enclosing space for separate parcels of land. It may include a masonry wall.
GARAGE, RESIDENTIAL: An accessory building or an accessory portion of the main building, enclosed on more than three (3) sides and designed or primarily used only for the shelter or storage of vehicles owned and operated by the occupants of the buildings.
GRADE (ADJACENT GROUND ELEVATION): The lowest point of elevation of the finished surface of the ground to the lowest point of elevation of the finished surface of the ground between the exterior wall of the building and the property line, if it is less than five feet (5') distance from the wall. In cases where walls are parallel to and within five feet (5') of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley, or public way.
GROUP DAYCARE HOME: See within definition of Childcare Facilities.
HOME OCCUPATION: An occupation carried on by an occupant of a dwelling which is located in a residential zoning district as an accessory and incidental activity to the main residential use of the building and;
A. Is conducted entirely within the dwelling or an accessory building.
B. Is carried on by a member of the family residing in the dwelling unit.
C. Is incidental and secondary to the use of the dwelling unit for residential purposes.
D. Which conforms to the following conditions:
1. No person shall be employed other than the residents of the building.
2. The floor area devoted to the occupation shall not exceed twenty five percent (25%) of the total ground area occupied by the building.
3. The occupation shall not produce light, noise, vibration, glare, fumes, odors, hours of operation, traffic, electrical interference, etc., which is inconsistent with the character of the residential area.
4. Exterior signs or display shall be in conformance with provisions of this title regulating same.
5. There shall be no display, evidence or activity apparent from the exterior of the lot which would indicate that the premises are being used for any purpose other than that of a dwelling.
6. One business vehicle that is associated with the home occupation and which does not exceed eight thousand (8,000) pounds gross vehicle weight (GVW) may be parked or stored on the premises.
7. There shall be no outside storage of materials or equipment related to the home occupation, except the one allowed vehicle.
E. In particular, home occupations include the following, or similar activities which in the opinion of the public works director meet the intent of this definition.
1. Teaching with musical instruments limited to a single pupil at a time.
2. Preparation of food for off premises sale.
3. Real estate and insurance offices.
4. Beauty shops.
5. Barber shops.
6. Shoe repair shops.
7. Dance studios, schools.
8. Tax return preparation services.
HOTEL: A building, or portion thereof, designed or used for temporary lodging, being less than thirty (30) days, where lodging with or without meals is provided for compensation. A central dining room, banquet meeting hall, kitchen, plus accessory shops and services catering to the general public can be provided.
JUNKYARD: Land or buildings where waste, discarded or salvaged materials are bought, sold, stored, exchanged, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles.
KENNEL, COMMERCIAL: A place where dogs other than those owned by the kennel owner are kept and boarded for any period in excess of twenty four (24) hours. Female dogs bred for the sole purpose of the sale of the puppies for profit and female dogs numbering more than three (3) constitute a commercial kennel.
KENNEL, NONCOMMERCIAL: A kennel at, in or adjoining a private residence where more than two (2) dogs or cats are kept for the hobby of the householder in using them in shows or obedience trials, personal pleasure or for the guarding or protecting the householder's property. The occasional raising of a litter of puppies or kittens by the keeper of a noncommercial kennel should not change the character of residential property.
LODGING HOUSE: A building or place where lodging or lodging and boarding is provided (or equipped to provide lodging regularly) by prearrangement for definite periods of time, for compensation for three (3) or more persons in contradistinction to hotels open to transients.
LOT: A tract of land, no matter how legally described whether by metes and bounds, certificate of survey and/or by lots and block designation as in a recorded plat, having its principal frontage upon a street or officially approved place.
LOT AREA: The total area circumscribed by the boundaries of a lot, except that when the legal instrument creating a lot extends into a public street right of way and/or easement, then the lot boundary for purposes of computing the lot area shall be the street right of way.
LOT COVERAGE: The total area of a lot covered by buildings or roofed areas, excluding allowed projecting eaves, balconies and similar features. Lot coverage includes, but is not necessarily limited to, the following; principal structures, accessory structures, carports and covered decks and patios.
LOT FRONTAGE: That portion of the lot nearest the public street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to public streets shall be considered frontage, and yards shall be provided as indicated in district regulations.
LOT LINE: A line of record bounding a lot which divides one lot from another lot or from a public or private street, alley or other public space.
Front Lot Line: The lot line or lines abutting a public or private street.
Rear Lot Line: The lot line not intersecting a front lot line that is most distant from and most clearly parallel to the front lot line.
Side Lot Line: Any lot line that is not a front or a rear lot line.
LOT TYPES:
Corner Lot: A lot located at the intersection of two (2) or more streets.
Interior Lot: A lot other than a corner lot with only one frontage on a street other than an alley.
Through Lot Or Double Frontage Lot: A lot other than a corner lot with frontage on more than one street other than an alley.
MANUFACTURED HOME: A factory assembled structure or structures, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. Since 1976 manufactured home construction has been regulated by the federal manufactured housing construction and safety standards act as administered by the department of housing and urban development (HUD), and are not constructed in accordance with standards set forth in the uniform building code, applicable to site built homes. For the purpose of these regulations, a mobile home shall be considered a manufactured home.
MANUFACTURED HOME PARK: Land designed or used that contains temporary or permanent parking for two (2) or more manufactured homes spaces which are available to the general public for use as residences. This term does not include a parcel composed of individually platted lots, each lot of which is filed with the county clerk and recorder, which contain only one manufactured home per lot.
MODULAR HOME: A dwelling unit constructed in accordance with the standards set forth in the uniform building code and bearing the insignia of the state of Montana, applicable to site built homes, and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two (2) sections transported to the site in a manner similar to a manufactured home (except that the modular home meets the uniform building code standards applicable to site built homes), or a series of panels or room sections transported on a truck and erected or joined together on the site. Modular homes may be transported on a temporary chassis but are not constructed on a permanent chassis or framework.
MOTEL: A group of attached or detached buildings containing individual sleeping units where a majority of such units open individually and directly to the outside, or to a common corridor and where a garage is attached to or a parking space is conveniently located at each unit, all for the temporary use, being less than thirty (30) days, by automobile tourist or transient, and such word shall include tourist courts, motor courts, automobile courts and motor lodges.
NONCONFORMING USES: Any building or land lawfully occupied by a use at the time of passage of this title or amendment thereto, which does not conform after the passage of this title or amendment thereto with the use and regulations of the district in which it is situated.
NURSING HOMES, CONVALESCENT HOMES, ORPHANAGES AND CHARITABLE INSTITUTIONS: A home operated similarly to a boarding house but not restricted to any number of guests or guest rooms, and the operator of which is licensed by the state, city or county to give special care and supervision to his/her patients. In such homes, nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons, but within which homes are kept no persons suffering from a contagious or communicable disease, and within which are performed no surgery, maternity or other primary treatments such as are customarily provided in sanitariums or hospitals, and within which no persons are kept to be served who normally would be admitted to a mental hospital. Adult foster family care homes are not included in this definition.
PARKING, PUBLIC: An open area other than a street used for the temporary parking of more than four (4) automobiles and available for public use whether free, for compensation, or as an accommodation for clients or customers.
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.
RETIREMENT HOME: A place of residence for several families or individuals in apartment like quarters, rented or condominiums, which may feature services to retired persons such as limited nursing facilities, minimum maintenance living accommodations and recreation programs and facilities.
RIGHT OF WAY: A strip of land dedicated or acquired for use as a public way, or that is acquired through an easement.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under floor space is more than six feet (6') above "grade" as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above "grade" as defined herein at any point, such basement, cellar or unused under floor space shall be considered a story.
STREETS:
Alley: A minor way which is used primarily for vehicular service access or for utility lines to the back or the side of properties otherwise abutting on a street.
Arterial Street: A street which is intended to provide for high operating speeds, high levels of service and to serve longer trips through access management and the interconnection of major development areas such as the central business district, large commercial and industrial developments and major residential areas.
Collector Street: A street that functions as a link between local streets and arterial streets and provides both access and movement functions within residential, commercial and industrial areas.
Cul-De-Sac: A street that terminates in a vehicular turnaround.
Local Street: A street whose primary function is access and whose movement function is incidental and involves traveling to and from a collector. In addition, local streets are characterized by short trip lengths, low traffic volumes, slow speeds and deliberately discouraging through traffic.
Street: A public way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, or however otherwise designated which has been dedicated to or acquired for public use and which extends the full width between right of way lines, which includes areas acquired or prescribed through an easement.
TOWNHOUSE: A building or structure that has two (2) or more one- family dwelling units erected as a single building, each being separated from the adjoining unit or units by an approved fire wall or walls along individual property lines and providing for fee simple ownership of land and dwelling unit.
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 relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship. As used in this title, a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
YARD: An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of side yard, the depth of front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONT: A yard extending across the front of the lot between the side yard lines and lying between the front property line or lines and the nearest line of the principal building.
YARD, REAR: A yard extending along the full length of a rear lot line and situated between the principal building and the rear lot line.
YARD, SIDE: An open, unoccupied space on the same lot with a building, between the building and side line of the lot and extending from the front lot line to the rear lot line.
ZONING COORDINATOR: The person designated to oversee the administration of this title, unless otherwise noted.
ZONING MAP: The map or maps incorporated into this title as a part hereof, designating the zoning districts. (Ord. 09-2002, 5-21-2002)