11-1-2-1: TERMS PERTAINING TO "USE" DEFINED:
ANIMAL HOSPITAL: A building or premises for the medical or surgical treatment of animals or pets, including dogs and cats, and veterinary hospitals, including the boarding of hospitalized animals not subjected to medical or surgical treatment.
AUTOMOBILE SERVICE STATION: An occupancy which provides for a drive-in type business in which business or service can be provided without the customer leaving the vehicle. It also can include the following:
   A.   The servicing of motor vehicles and operations incidental thereto but not necessarily limited to the retail sale of petroleum products and automotive accessories; automobile waxing and polishing, tire changing and repairing (excluding recapping); battery service, charging and replacement, excluding repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; and installation of accessories.
   B.   The following operations, if conducted within a building: lubrication of motor vehicles, brake servicing limited to servicing and replacement of brake cylinders, lines and brake shoes; wheel balancing; the testing, adjustment and replacement or servicing of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring.
AUTOMOBILE WRECKING YARD: 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; or a facility buying, selling or dealing in four (4) or more vehicles per year, of a type required to be licensed, for the purpose of wrecking, dismantling, disassembling, or substantially changing the form of the motor vehicle; or a facility that buys or sells component parts 1 , in whole or in part, and deals in secondhand motor vehicle parts; or a location where there are four (4) or more discarded, ruined, wrecked or dismantled motor vehicles, including component parts, that are not lawfully and validly licensed and remain inoperative or incapable of being driven.
BUILDING CODE: The currently adopted set of regulations in effect concerning building in the city and as utilized in the zoning jurisdiction of the city of Hardin and in that area around Hardin in which the city enforces the building code.
CLINIC: An establishment occupied by one or more members of the healing profession.
COMMERCIAL RECREATIONAL AREA: An area operated for profit and devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds and other similar uses whether the use of such area is limited to private membership or whether open to the public upon the payment of a fee or service charge.
CONDITIONAL USE: A use permitted in one or more districts as defined by this chapter but which, because of character peculiar to it, or because of size, technological processes to equipment, or because of the exact location with references to surroundings, streets and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same district, and to assure that such use shall not be inimical to the public interests.
DWELLING: A building used entirely for residential purposes. A "single-family dwelling" is a building that contains only one living unit; a "two-family dwelling" is a building that contains only two (2) living units, and a "multiple dwelling" is a building that contains more than two (2) living units. All dwelling units, with the exception of manufactured homes, must meet the building code as adopted by the city.
FAMILY: One or more persons related by blood, marriage, or adoption occupying a living unit as an individual housekeeping organization. A family may include four (4), but not more than four (4) persons not related by blood, marriage, or adoption.
FARM: An area which is used for the growing of the usual farm products such as vegetables, fruit, fodder, trees, and grain, and the storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep, and swine.
GARAGE APARTMENT: A living unit for not more than one family erected above a garage, adjacent to a garage, or on the rear of a lot.
HOME OCCUPATION: An occupation or profession customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the dwelling purposes, and does not change the character thereof; provided, the use does not involve more than twenty five percent (25%) of the area of one story or twenty five percent (25%) of the basement area, or twenty five percent (25%) of just the garage area; and as otherwise defined under section 11-1-8-1 of this chapter.
HOTEL: A building or portion thereof designed or used for transient rental to guests where lodging with or without meals is provided for compensation. A central dining room, banquet meeting halls, kitchen, plus accessory shops and services catering to the general public can be provided.
INSTITUTION: A nonprofit establishment for public use.
LIVESTOCK AND POULTRY: See section 6-2-24 of this code.
LIVING UNIT: The room or rooms occupied by a family. The living unit must include a kitchen.
LODGING HOUSE: A dwelling unit within which not more than five (5) guestrooms are devoted to accommodate not more than ten (10) persons other than members of the family, but wherein the only meals provided for guests shall be a breakfast served in the morning hours. A lodging house containing guestrooms numbering six (6) or more shall be considered a hotel.
MANUFACTURED HOME PARKS, TRAVEL TRAILER PARKS, AND INDIVIDUAL MANUFACTURED HOMES: The following definitions shall be utilized in determining the appropriate classification of manufactured homes, modular homes, and travel trailers:
   A.   Manufactured Home: A dwelling unit that: 1) is not constructed in accordance with the standards set forth in the building code, applicable to site built homes; and 2) is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the homesite on its own chassis; and 3) exceeds forty feet (40') in length and eight feet (8') in width.
   B.   Manufactured Home, Class A: A manufactured home constructed within the last two (2) years, that meets or exceeds the construction standards promulgated by the U.S. department of housing and urban development that were in effect at the time of construction and that satisfies each of the following additional criteria:
      1.   The home has a length not exceeding two (2) times its width;
      2.   The pitch of the unit's roof has a minimum vertical rise of one foot (1') for each five feet (5') of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction;
      3.   The standard siding consists of wood, hardboard, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;
      4.   A continuous, permanent masonry foundation, unpierced except for required ventilation and access, is installed under the home; and
      5.   The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.
   C.   Manufactured Home, Class B: A manufactured home constructed no more than ten (10) years ago, that meets or exceeds the construction standards promulgated by the U.S. department of housing and urban development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a class A manufactured home.
   D.   Manufactured Home, Class C: Any manufactured home that does not meet the definitional criteria of a class A or class B manufactured home.
   E.   Manufactured Home Park: A residential use in which more than one manufactured home is located on a single lot.
   F.   Modular Home: A dwelling unit constructed in accordance with the standards set forth in the building code, 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 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.
MOBILE HOME: See definition of Manufactured Home Parks, Travel Trailer Parks, And Individual Manufactured Homes.
MODULAR OR MANUFACTURED HOUSING UNIT: See definition of Manufactured Home Parks, Travel Trailer Parks, And Individual Manufactured Homes.
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, and where a garage is attached to or a parking space is conveniently located at each unit, all for the temporary use by automobile tourists or transients, and such word shall include tourist courts, motor courts, automobile courts, and motor lodges.
MULTI-FAMILY DWELLING: A building or a portion of a building, designed for occupancy by two (2) or more families living separately from each other and containing two (2) or more dwelling units.
NONCONFORMING USE: A use which lawfully occupied a building or land at the time this chapter originally became effective and which does not conform with the use regulations of the district in which it is located.
OFFICE BUILDING: A building designed for or used as the offices of professional, commercial, industrial, religious, public or semipublic persons or organizations.
PLANNED UNIT DEVELOPMENT: A tract of land developed as an integrated unit which may contain a mixture of land uses such as residential and commercial or be composed of just one type of land use. The development is unique to the site and is based on a plan which allows for flexibility of design, site layout, and density not otherwise possible under the prevailing zoning district.
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.
PUBLIC GARAGE: A building other than a private garage used for the care, repair or storage of motor vehicles, or where such vehicles are kept for remuneration, hire or sale. It may include a service station which makes major overhauls or major repairs and rebuilds automotive equipment.
REST HOME, CONVALESCENT HOME, SENIOR CITIZENS HOME, HOME FOR THE AGED: All mean and refer to a home operated similarly to a boarding house but not restricted to any number of guests or guestrooms and the operator of which is licensed by the state, city, or county, gives a special care and supervision to his patients and in which nursing, dietary, and other personal services are furnished to convalescents, invalids, and aged persons, but in which homes are kept no persons suffering from a mental sickness, mental disease, disorder or ailment, or from a contagious or communicable disease, and in which homes are performed no surgery, maternity, or other primary treatments such as are customarily provided in sanatoriums or hospitals, and in which no persons are kept or served who normally would be admittable to a mental hospital.
SCRAP PROCESSING YARD: Any establishment or place of business which is maintained or used for storing, keeping, buying, or selling salvageable waste materials. Such materials may be compressed, shredded, or otherwise processed for reuse on or off the premises.
TRAILER OR MOBILE HOME: See definition of Manufactured Home Parks, Travel Trailer Parks, And Individual Manufactured Homes.
TRAILER OR MOBILE HOME PARK: See definition of Manufactured Home Parks, Travel Trailer Parks, And Individual Manufactured Homes.
TRAVEL TRAILER: A portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation use. It shall have a maximum dimension of eight feet by thirty two feet (8' x 32').
VARIANCE: An adjustment in the application of the specific regulations of this chapter to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and district and which adjustment remedies disparity in privileges; variances, however, cannot normally be used to allow a land use in a district not usually allowed in such district. (Ord., 9-2-1974; amd. Ord., 9-3-1974; Ord., 2-3-1976; per proposal dated 6-19-1979; 1984 Code; Ord. 87-6, 5-5-1987; Ord. 93-1, 2-2-1993; Ord. 96-8, 5-21-1996; Ord. 99-2, 5-4-1999; Ord. 2003-04, 6-17-2003)

 

Notes

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1. As defined in MCA § 75-10-501(2).