For the purpose of this title, certain terms or words used herein are defined:
The word "person" includes a partnership, firm, association, organization, trust, company or corporation as well as any individual; the present tense includes the future tense; the singular number includes the plural and the plural number includes the singular; the word "shall" is mandatory and the word "may" is permissive; the words "used" or "occupied" include the words "intended", "designated" or "arranged to be used or occupied"; and the word "lot" includes the words "plot", "parcel" or "tract". Where further clarification is necessary or definitions are not provided, the Lewistown zoning commission may define such terms.
ACCESSORY: The use of land, including use for wind powered electricity systems, or a subordinate building or a portion of a main building, such use being secondary to or incidental to the principal use or structure and not conflicting with the primary use.
ADDITION: An increase in the square footage of a structure.
AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, grazing, animal and poultry husbandry, and all uses customarily incidental thereto.
AIRPORT, HELIPORT OR AIRCRAFT LANDING FIELD: Any runway, landing area or facility, whether publicly or privately owned and operated, which is designed, used, or intended to be used either by public carriers or by private aircraft for landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie down areas, hangars and other necessary buildings, and open space.
ALLEY: A passage or way open to public travel and dedicated to public use other than a public street affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.
ALTERATION: A change or rearrangement of the structural parts of existing facilities or the moving from one location to another.
ANTIQUE STORE: Any retail establishment in which the principal portion of the merchandise handled, offered for sale, or sold on the premises comprises works of art and handicrafts valued because of their age.
APARTMENT HOUSE: A building designed for occupancy by three (3) or more families living separately from each other and containing three (3) or more dwelling units.
ARTERIAL: A main route designated by the state of Montana in cooperation with the Lewistown city commission.
AUCTION HOUSE: A place where goods are consigned and offered for sale to the highest bidder.
AUTOMOBILE, BOAT AND TRAILER SALES AREA: An open area, other than a street, used for the display, sale or rental of new or used automobiles, boats or trailers, and where only minor incidental repair is done.
AUTOMOBILE WRECKING: The dismantling or wrecking of motor vehicles or trailers, or the storage or sale of dismantled or partially dismantled, obsolete or wrecked vehicles or their parts.
BAR, TAVERN, COCKTAIL LOUNGE: An establishment where alcoholic beverages are primarily sold and consumed on the premises.
BOARDING (LODGING OR ROOMING) HOUSE: A building, or portion thereof, other than a hotel, rest home or home for aged, where lodging and meals are provided (exclusive of the operator's immediate family) for compensation.
BUILDING: Any structure built for support, shelter or enclosure of persons, animals, chattel or property of any kind.
BUILDING HEIGHT: The vertical distance from the "grade" to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
BUILDING, PRINCIPAL: A structure to accommodate the primary use to which the premises are devoted.
BUSINESS AND PROFESSIONAL OFFICES: Offices to provide services, excluding trade.
BUSINESS OR COMMERCE: The purchase, sale, offering for sale or other transaction involving the handling or disposition of any article, service, substance or commodity for profit or nonprofit.
CARPORT: A structure to house or to protect motor vehicles owned or operated by the occupants of the main building which is open for at least fifty percent (50%) of the total area of its sides, included in calculation for maximum lot coverage.
CHILD/ADULT CARE CENTER: A building or dwelling unit within which a program of adult care and supervision of thirteen (13) or more children/adults is conducted, including those children/adults domiciled on the premises.
CHURCH: A building designed and used for public worship by any religious body.
CITY COMMISSION: The legislative body of the city of Lewistown.
CLINIC: A building designed and used for medical, chiropractic, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses, but where no major surgery is performed.
CLUB: An incorporated or unincorporated association of persons organized for a social, political, educational, literary, religious or charitable purpose.
COMMUNITY RESIDENTIAL FACILITY: A group, foster or other home specifically provided as a place of residence for developmentally disabled or handicapped persons who do not require nursing care, or any other facility as defined in section 76-2-411, Montana Code Annotated, 1985.
CONDOMINIUM: Ownership in common with others of a parcel of land and/or certain parts of a building, in addition to individual ownership of a particular unit or apartment in such building.
DAYCARE HOME (Children/Adults): A use carried on within a house providing responsible care and supervision for not more than twelve (12) children/adults including those children/adults domiciled on the premises.
DECK: An elevated platform extending horizontally proximate to a structure open to the sky.
DENSITY: The number of dwelling units per specified area.
DRIVE-IN RESTAURANT: A use whose retail character is dependent upon a driveway approach and parking space for motor vehicles so as to permit consumption of food or beverages obtained on the premises in a vehicle.
DWELLING: A building designed exclusively for residential purposes, including one-family, two-family and multi-family units.
DWELLING, TYPES OF: (A) Dwelling, Single-Family: A building designed for occupancy by one family and containing one dwelling unit.
(B) Dwelling, Two-Family (Duplex): A building designed for occupancy by two (2) families and containing two (2) dwelling units.
(C) Dwelling, Multi-Family: A building designed primarily for occupancy by three (3) or more families living independently of each other and containing three (3) or more dwelling units.
DWELLING UNIT: One or more rooms designed for or occupied by one family for living or sleeping purposes that may contain kitchen facilities.
EASEMENT: The explicit right to make limited use of another's property.
FAMILY: An individual or two (2) or more persons related by blood, marriage, or adoption, or other legal means, or a group of not more than three (3) persons who are not related by blood, marriage or adoption, living together in a dwelling unit.
FENCE: A barrier composed of posts connected by boards, rails, panels or wire for the purpose of enclosing space for separating parcels of land. It may include a masonry wall.
FLOODPLAIN OR FLOODWAY: In all cases of interpretation, designated floodplain and floodway definitions established by the Montana department of natural resources and conservation shall apply 1 .
GARAGE, PRIVATE: An accessory building or an accessory portion of the main building, enclosed on not less than three (3) sides, and designed or primarily used for the shelter or storage of vehicles owned or operated by the occupants of the main building or buildings, included in calculation for maximum lot coverage.
GARAGE, PUBLIC: A building 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 or minor repairs.
GRADE (Adjacent Ground Elevation): The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet (5') distant from such wall, or 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') distant from said wall. In case 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.
GROSS FLOOR AREA: The total area of all floors of a building measured from exterior walls.
HOSPITAL: An institution specializing in providing clinical temporary and emergency services of a medical, chiropractic or surgical nature to human patients and licensed by state law to provide facilities and services in surgery, chiropractic, obstetrics and general medical practice, and may provide treatment of mental and nervous disorders, alcoholism and surgical/postsurgical treatment of mental cases. Nursing and convalescent homes are not included.
HOSPITAL, ANIMAL: A building or premises for the medical or surgical treatment of wild and domestic animals or pets.
HOSPITAL, MENTAL: An institution that offers facilities, care and treatment for cases of mental and nervous disorders.
HOTEL: A building or portion thereof designed or used for six (6) or more guests where temporary lodging with or without meals is provided for compensation. A dining room, banquet meeting hall, kitchen, plus accessory shops and services catering to the general public may be provided.
IMPROVEMENT: A modification that upgrades the property.
KENNEL, COMMERCIAL: A place where dogs or cats, other than those owned by the kennel owner, are kept and boarded for any period in excess of twenty four (24) hours. Dog/cat breeding for the sole purpose of the sale of the offspring for profit may be conducted.
KENNEL, NONCOMMERCIAL: A place at, in or adjoining a private residence where dogs or cats are kept for the hobby of the householder. Dog/cat breeding should not change the residential character of the neighborhood.
LABORATORY: A place adapted to conducting scientific experiments, testing and analyses.
LARGE WIND POWERED ELECTRICITY SYSTEMS: Have a rated capacity of over one hundred (100) kilowatts (kW) and are intended to produce electricity for use on site and/or sale to a rate regulated utility company or other off site provider of electric power. Such systems may also be termed as "commercial wind powered electricity systems".
LIVESTOCK AND FOWL: Livestock shall include all swine and grazing animals. Fowl shall include chickens, geese, ducks, turkeys, peacocks and other poultry.
LOT: A single tract of land, no matter how legally described, whether by aliquot part, metes and bounds, certificate of survey, and/or by lot and block designation as in a recorded plat, which at the time of applying for a building permit is designated by its owner or developer as the tract to be used, developed or built upon as a unit of land under single ownership or control.
LOT COVERAGE: The total area of a lot covered by the principal and accessory buildings.
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; yards shall also be considered frontage.
LOT OF RECORD: A single tract of land that has been recorded in the Fergus County clerk and recorder's office.
LOT, PROPOSED: A single tract of land to be created after adoption of the 1989 zoning ordinance.
LOT TYPES: (A) Corner Lot: A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines meet at an interior angle of less than one hundred thirty five degrees (135°).
(B) Interior Lot: A lot other than a corner lot with only one frontage on a street other than an alley.
(C) Through Lot: A lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two (2) streets may be referred to as double frontage lots.
MANUFACTURED HOME: A transportable structure built on a chassis and designated to be used without a permanent foundation as a dwelling unit. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.
MARQUEE AND AWNING: A fixed shelter used only as a roof and extending beyond a building line which is entirely supported by the building to which it is attached.
MODIFICATION: Alteration of a structure with no resultant increase in square footage.
MODULAR HOME: A prefabricated structure designated to be used with a permanent foundation as a dwelling unit, excluding a chassis.
MOTEL: A group of attached or detached buildings containing individual sleeping units, and where a garage is attached or a parking space is conveniently located at each unit for temporary use; it shall include motor courts and motor lodges.
NONCONFORMING USE: A use which lawfully occupied a building or land at the time this title or an amendment hereto became effective, and which does not conform with the use regulations of the district 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 healthcare staff.
OWNERSHIP, SINGLE: Individual, partnership or organizational control of land use held in common.
PARKING, OFF STREET: Refer to the standards for off street parking in chapter 8 of this title.
PARKING, PRIVATE: An open area other than a street used for the temporary parking of vehicles for profit or private business related use.
PARKING, PUBLIC: An open area other than a street used for the temporary parking of vehicles and available for public use.
PATIO: A ground level platform extending horizontally proximate to a structure open to the sky.
PERSONAL CARE HOME: A facility which provides residential services, such as laundry, housekeeping, meals and local transportation; personal assistance services, such as dressing, grooming, walking, eating and similar routine living tasks; recreational activities; and supervision of self-medication. Persons who need medical or physical restraints, are nonambulatory or bedridden, totally incontinent or less than eighteen (18) years of age may not reside in a personal care facility.
PLANNED UNIT DEVELOPMENT: Refer to the standards and definitions established in the Lewistown subdivision regulations and chapter 11 of this title.
PLANNING BOARD: The Lewistown/Fergus County planning board as authorized under the provisions of section 76-1-101 Montana Code Annotated.
PLANNING DIRECTOR: The individual appointed by the Lewistown/Fergus County planning board in accordance with the Montana Code Annotated (MCA) whose duties and responsibilities shall include direction and administration of planning department activities.
PORCH: A covered structure forming an entrance to a building, included in calculation for maximum lot coverage.
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.
PROJECTION: The distance any part of a structure extends over public property or beyond the building setback line.
PUBLIC UTILITIES SERVICE INSTALLATION: A structure to control centralized public utilities services, such as electric substations, utility booster stations for current or pressure, telephone satellite and others. Structures with offices as the main use are excluded.
PUBLIC UTILITY: A private business organization providing some public service, such as telephone, electricity, gas hookups and subject to special governmental regulations or a governmental agency performing similar public services.
RECREATIONAL AREA, COMMERCIAL: An area operated for profit or nonprofit devoted to facilities and equipment for recreational purposes, whether the use of such area is limited to private membership or whether open to the public upon the payment of a fee.
REHABILITATION CENTER: A place where individuals receive care to return to health or normal activity.
RETIREMENT HOME: A place of residence for families or individuals in apartment like quarters or condominiums which offers 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.
SCHOOL, COMMERCIAL: A building where instruction is provided; it is operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation.
SCHOOL, ELEMENTARY, JUNIOR AND SENIOR HIGH, INCLUDING PUBLIC, PRIVATE AND PAROCHIAL: An institution of learning which offers instruction in various subject areas required to be taught in the schools by the Montana department of education.
SCHOOL OF HIGHER EDUCATION: A public or private institution for higher learning (beyond grade 12) providing instruction as approved by the Montana department of education or a national collegiate or university accreditation agency.
SCRAP PROCESSING YARD: Any establishment or place of business which is maintained or used for storing, buying or selling salvageable waste materials. Such materials may be compressed, shredded or otherwise processed for reuse on or off the premises.
SECONDHAND STORE: Any retail establishment in which the principal portion of the articles, commodities or merchandise handled, offered for sale or sold on the premises is used or not new. Antique stores are exempted.
SERVICE STATION, AUTOMOBILE GASOLINE AND MOTOR FUELS: An occupancy which provides for a drive-in type business in which the following services can be provided:
(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; battery service, charging and replacement, and towing service.
(B) The following operation if conducted within a building: radiator cleaning and flushing; lubrication of motor vehicles; brake servicing and replacement of brake cylinder, 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, wiring, mufflers and shock absorbers.
SETBACK: Distance from the property line.
SIDEWALK: Walkway to accommodate pedestrian traffic.
SIGN, BILLBOARD OR OTHER ADVERTISING DEVICE: Any structure or part thereof or device attached thereto or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia or representation used as or which is in the nature of an announcement, direction or advertisement. The word "sign" includes the word "billboard" or any other type of advertising device, but does not include the flag, pennant or insignia of any nation, state, city or other political unit. Types of signs are defined in the following categories:
Advertising Sign: A sign which directs attention to a business commodity, service or entertainment conducted, sold or offered on or off the premises.
Billboard: A type of advertising sign having more than one hundred (100) square feet of display surface which is either erected on the ground or attached to or supported by a building or structure.
Business Sign: A sign which directs attention to the business or profession conducted on the premises. A "for sale", "to let" or "information" sign shall be deemed a business sign.
SMALL WIND POWERED ELECTRICITY SYSTEMS: Have a rated capacity of up to and including one hundred (100) kilowatts (kW) and are incidental and subordinate to a permitted use on the same parcel. A system is considered a small wind powered electricity system only if it supplies electrical power solely for on site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on site use may be used by the utility company as may be governed by applicable state statutes.
STREET: A public or recorded private thoroughfare which affords primary means of access to abutting property and is intended for general traffic circulation.
STREET ADDRESS: Address determined by the main entrance to the structure.
STRUCTURE: A building which requires location on the ground or is attached to something having location on or in the ground, but not including fences or paved areas.
THEATER, DRIVE-IN: An establishment to provide entertainment through projection of motion pictures on an outdoor screen for audiences whose seating accommodations are provided by their own motor vehicles parked in spaces provided on the same site with the outdoor screen.
TRAILER OR MANUFACTURED HOME PARK: Land designed or used for the temporary or permanent parking of two (2) or more trailers or manufactured homes, where the lot is rented to the occupant. Refer to the standards and definitions established in the Lewistown subdivision regulations and chapter 10 of this title.
TRAILER OR MANUFACTURED HOME SUBDIVISION: Land designed for exclusive manufactured home use, where the lot is intended to be sold to the occupant. Refer to the standards and definitions established in the Lewistown subdivision regulations and chapter 10 of this title.
USABLE OPEN SPACE, YARD: That portion of the lot which is not built upon and, consequently, is not calculated in determining maximum lot coverage.
VARIANCE: An adjustment in the application of the specific regulations of this title to a particular piece of property which, because of special physical 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.
WALKING DISTANCE: That distance measured along the shortest path accessible to foot traffic.
WHOLESALE ESTABLISHMENT: An establishment for the sale of goods and merchandise for resale instead of direct consumption.
YARD, FRONT: The narrowest part of the lot having street frontage and situated between a main building and street lot line. When a corner lot has two (2) street frontages, the street address side shall be used to determine which frontage shall be considered the front.
YARD, REAR: A yard extending across the full width of the lot and situated between the main building and a rear lot line.
YARD, SIDE: A yard not designated as a front or rear yard. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000; Ord. 1727, 12-7-2009)
Notes
| 1 | 1. See chapter 12 of this title. |