A. Rules Of Construction: Words used in the present tense shall also include the future; words used in the singular shall also include plural, and words used in the plural shall also include the singular; the word "building" includes structure and "structure" includes building; the words "used" or "occupied" shall include within their meaning "intended", "arranged", or "designed to be used or occupied". The word "person" shall include corporation, partnership, or other legal entity. Where other definitions are necessary and are not defined herein, the town council may define such terms. (Ord. 253, 12-1-1998; amd. 2000 Code)
B. General Definitions: For the purpose of this title, certain terms and words are defined as follows:
ACCESSORY BUILDING AND STRUCTURES: A subordinate building or on the same lot exclusively occupied by or devoted to a use incidental to the main use.
ACCESSORY USE: A use subordinate to the main use on a lot and used for purposes customarily incidental to those of the main use.
ALLEY: A narrow serviceway providing a secondary public means of access to abutting properties.
ANTENNA: One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and parabolic antenna (disc).
APARTMENT BUILDING: A building or portion thereof designed with two (2) or more individual dwelling units.
APARTMENT, EFFICIENCY: An apartment unit with unseparated areas for sleeping and/or cooking.
AUTOMOBILE AND CONVENIENCE CENTER OR GASOLINE STATION: Any building or premises used for the dispensing or sale of automobile fuels, lubrication oil, grease, tires, batteries or minor automobile accessories. Services offered may include the installation of tires, batteries and minor accessories, minor automobile repairs and greasing or washing of individual automobiles. When sales, services and repairs as detailed here are offered as incidental to the conduct of a parking garage, the premises shall be classified as a parking garage. See definition of Garage, Repair.
AUTOMOBILE WRECKING: The dismantling or wrecking of used motor vehicles or trailers or the storage, sale, or dumping of dismantled, or partially dismantled, obsolete, or wrecked vehicles, or other parts, or any combination of these activities. See definition of Junkyard.
BASEMENT: That portion of a building partly underground and having at least one-half (1/2) of its lower level below the average finished grade adjoining the building.
BED AND BREAKFAST: A single-family dwelling which remains owner occupied at all times providing one or more guestrooms for compensation and where food service is limited to breakfast which may be served to overnight guests only.
BLOCK: A piece or tract of land entirely surrounded by public highways, streets, waterways, railway rights of way or parks, etc., or a combination thereof.
BOARDING/LODGING HOUSE: A building with more than two (2) but not more than ten (10) guestrooms where lodging with or without meals is provided for compensation.
BUILDING: Any structure designed or intended for support, enclosure and/or shelter of persons, animals, chattels or property.
BUILDING AREA: That portion of the lot that can be occupied by structure, excluding the front, rear and side yards.
BUILDING HEIGHT: The vertical distance from the average elevation of the proposed finished grade at the front of a building to the highest point of a flat roof, the deck line of a mansard roof, and the mean height between the highest eaves and ridge for gable, hip and gambrel roofs.
BUILDING INSPECTOR: The inspector, designated by the Town Council, who is responsible for accepting, reviewing and approving or rejecting plans for buildings and applications for building permits and for the interpretation and enforcement of Building Codes related thereto.
CARETAKER FACILITIES: A single-family dwelling unit on a nonresidential premises, occupied by the person who oversees the nonresidential operation twenty four (24) hours a day, and his or her family with a dwelling unit area not to exceed fifty percent (50%) of the total building area.
CASINO: An establishment that includes gambling as a use or activity, either in the form of gambling machines (video poker, keno, etc.), card games, or other licensed gambling activity, if one or more of the following characteristics applies:
1. The establishment is referenced as a casino by signage or name;
2. One or more card tables are on the premises; or
3. One or more gambling machines are on the premises.
CHURCH OR SIMILAR PLACE OF WORSHIP: A building designed for public worship by any religious organization.
CLINIC: A building designed and used for the medical, dental or surgical diagnosis or treatment of patients under the care of doctors and/or nurses.
CLUBS (FRATERNAL LODGES): Buildings and facilities owned and operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
CONDITIONAL USE: Uses, other than permitted uses, that may be allowed in a specific district but requiring additional safeguards to maintain and assure the health, safety, morals and general welfare of the community and to maintain the character of the district.
COVERAGE: That percent of the plot or lot area defined by the exterior of the building's walls.
DAYCARE CENTER: A place in which supplemental parental care is provided to thirteen (13) or more children on a regular basis including the provider's own children who are less than six (6) years of age.
DAYCARE HOME: A place in which supplemental parental care is provided to three (3) to six (6) children, no more than three (3) children under two (2) years of age from separate families on a regular basis, including the provider's own children who are less than six (6) years of age.
DENSITY: The total number of dwelling units allowed per gross acre.
DISTRICT: An area within the Town and jurisdictional area of the size and shape shown on the official zoning map in which the regulations governing the area, height and use of buildings and associated lots are the same. Also see definition of zone.
DRIVE-IN EATING ESTABLISHMENTS: A building or structure from which persons are served prepared food and drink in their automobile or at curbside, but which may or may not have an area for customers to receive and/or eat food outside of an automobile.
DWELLING: A building or a portion thereof, designed and used exclusively for residential occupancy and providing housekeeping facilities for one family. As used in this title, the term dwelling shall refer to single-family, two-family, multi-family, manufactured homes and modular homes but does not include hotels, motels, boarding or lodging houses, campgrounds and travel trailers.
DWELLING, MULTIPLE: See definition of apartment building.
DWELLING, SINGLE-FAMILY: A building designed for and occupied exclusively by one family.
DWELLING, TWO-FAMILY (DUPLEX): A building designed for and occupied exclusively by two (2) families living independently of each other.
ELDERCARE FACILITY: A facility operated similarly to a boarding house with not more than five (5) full time residents, and in which nursing, dietary and other personal services are furnished to residents; but which serves no persons suffering from an acute mental sickness, or from a contagious or communicable disease; and in which facility no surgery is performed, nor are other primary treatments such as those customarily provided in hospitals; and which serves no persons who generally would be admitted to a mental hospital.
FAMILY: An individual or two (2) or more persons related by blood or marriage, or a group of not more than four (4) persons who need not be related by blood or marriage, living together as a single housekeeping unit.
FLOOR AREA:
Gross: Gross floor area means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor to ceiling height is less than six feet (6'). The gross square footage of the building is utilized to determine the minimum floor area required for each zoning district unless otherwise noted.
Net: Net floor area means the total of all floor areas of a building, excluding walls, stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading. The net floor area is typically for human occupation within a building and to determine the floor area of various uses within a building.
FOOTPRINT: The ground square footage of the structure that covers the lot.
FRONT LOT LINES: The boundary line separating the lot from the street as officially platted on the town map. Where a lot has more than one adjacent street, the front lot line shall be that which has the narrowest street frontage.
GARAGE, PARKING: A building or portion of a building, except any defined in this title as a "private garage" or as a "repair garage", used for the temporary storage of motor vehicles, or where any such vehicles are kept for remuneration or hire, in which any sale of gasoline, oil and accessories is only incidental to the principal use.
GARAGE, REPAIR: A building or space for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments, machine shops or junkyards.
GROUP DAYCARE HOME: The place in which supplemental parental care is provided to seven (7) to twelve (12) children on a regular basis including the provider's own children who are less than six (6) years of age.
GUESTHOUSE: A single-family dwelling which rents for under thirty (30) days and is licensed with the Montana department of revenue and the Gallatin County board of health.
1. Is carried on only within the principal building or its accessory buildings.
2. Is incidental and secondary to the use of the dwelling unit for residential purposes.
3. Which conforms to the following conditions:
a. No exterior signs shall be erected or displayed.
b. There shall be no exterior storage of materials or other variation from the residential character of the principal building.
c. No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
d. Employment of not more than one person not a member of the immediate family is permitted.
e. No traffic may be generated in greater volume than would be expected in a residential neighborhood.
HOME; REST, CONVALESCENT, FOR THE AGED: A home operated similarly to a boarding house but not restricted to any number of guests or guestrooms, 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 an acute mental sickness, or from a contagious or communicable disease, and in which homes are performed no surgery or other primary treatments such as are customarily provided in hospitals, and in which no persons are kept or served that generally would be admitted to a mental hospital.
HOSPITAL: An establishment which provides accommodations, facilities and services over a continuous period of twenty four (24) hours for observation, diagnosis and care, of individuals who are suffering from illness, injury, deformity or abnormality, or from any condition requiring obstetrical, medical or surgical services.
HOTEL OR MOTEL: Any building or portion thereof containing five (5) or more rooms that are rented or hired out to be occupied or which are occupied for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care.
JUNK: Any worn out, cast off, discarded article or material which is ready for destruction, or has been collected or stored for wreckage, salvage, or resale or conversion to another use.
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. See definition of Automotive Wrecking.
KENNEL: A place where three (3) or more dogs and/or cats are kept whether as pets or commercially.
LANDSCAPING: The exterior placement of ornamental fixtures such as fountains, ornamental walls, fences, benches, along with vegetative planting of trees, shrubs, grasses, flowers, etc. This definition shall also include the designing of the placement of such materials.
LARGE SCALE WIRELESS FACILITY: A facility, twenty feet (20') or greater in height from the base to the highest point including attachments, designed and constructed specifically to support one or more antennas and may include a monopole, self-supporting (lattice) tower, guywire supported tower, and other similar structures and/or a facility broadcasting in the electromagnetic spectrum. When calculating the height of a facility, other structures designed for other uses such as office buildings or water towers shall not be included in the calculation.
LOADING SPACE: An off street space or berth on the same lot with a principal building for the parking of a commercial vehicle while loading or unloading merchandise and which has direct access from a public street or alley.
LOT: Land held as an individual unit of ownership shown on the most recent plat or other record of ownership.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OF: The average 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 LINE: The lines bounding a lot as described on the deed or other record of conveyance.
LOT LINE, FRONT: That boundary line of a lot which fronts on a public street or right of way. On a corner lot, it is that lot line which has the shortest measurement along the street or right of way.
LOT, WIDTH OF: The average width measured at right angles to its depth.
MACHINE SHOP: A place for the repair of mechanical equipment including, but not limited to, automobiles, trucks, farm equipment and construction equipment where major repairs, fabrication of parts and fabrication of equipment are usual items of business.
MANUFACTURED HOME: A detached, single-family dwelling unit with the following characteristics:
1. Designed for long term occupancy, and containing sleeping accommodations, a flush toilet, a tub and/or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
2. Designed and constructed to be transported after fabrication on its own wheels, or detachable wheels, sometimes in multiple sections.
3. Arriving at the site where it is to be occupied as a complete dwelling, often including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location of foundation supports, connections to utilities and the like. If the manufactured home is to be located on a building lot, it is to be placed on a permanent foundation. Said foundation shall comply with this title. Those manufactured homes to be located on rented lots within an approved manufactured home park may be placed on piers or supports.
MANUFACTURED HOME LOT: A designated portion of a manufactured home park designed for the accommodation of one manufactured home and its accessory buildings or structures for the exclusive use of the occupants.
MANUFACTURED HOME PARK: Any plot of ground upon which two (2) or more manufactured homes occupied for dwelling or sleeping purposes are located, regardless of whether or not a change is made for accommodation.
MANUFACTURED HOME STAND: Concrete pad on which house rests.
MASTER PLAN: Any document or portion of any document duly adopted by the town council which is intended to guide the growth and development of the area.
MINIWAREHOUSE/SELF-STORAGE UNITS: A building(s) and premises that provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property. Accessory uses may include living quarters for a resident manager or security and leasing offices. Use of the storage areas, service and repair operation, or manufacturing is not considered accessory to the miniwarehouse/self-storage use.
MODULAR HOME: A detached single-family dwelling that was not designed nor constructed or altered to be placed on a chassis and transported or towed to the placement site on attached or detachable wheels. Said dwelling may arrive on site in one or more sections, and shall be placed on a "permanent foundation" as defined in this title. Evidence must be provided that the said modular complies with the international building code standards and that said home will be taxed at the same value as a similar sized, conventionally constructed, on site, single-family residence.
NONCONFORMING USE: A building, structure or use of land existing at the time of enactment of the ordinance codified in this title and which does not conform to the regulations of the district or zone in which it is situated.
NURSING HOME: A building or portion thereof used for the housing of and caring for the ambulatory, aged, or infirm by a professional staff.
OFF STREET PARKING: Parking facilities for vehicles on other than a public street or alley.
OFF STREET PARKING SPACE: A space located off any public right of way which is at least nine feet by twenty feet (9' x 20') in size for parking of any motor vehicle, with adequate maneuvering space, and with access to public streets or alleys.
PLANNED UNIT DEVELOPMENT (PUD): A development of a parcel of land providing a harmonious arrangement of uses, structures, parking areas and open space. It shall be designed and integrated as one development and shall be governed by protective covenants and bylaws. It allows for the mixture of like uses and uses not otherwise permitted within the zoning district; provided, that such nonpermitted uses service only those residing or working within the planned unit development. The density of such developments must conform with that defined for the district in which the development is to locate. All planned unit developments must be approved by the town council through the conditional use procedure defined in chapter 11 of this title.
PRIMARY USE: The principal or predominant use to which a structure, lot, or piece of property is or may be devoted, and to which all other uses on the premises are accessory.
PROFESSIONAL OFFICE: Offices to be occupied by accountants, architects, dentists, doctors, engineers, lawyers, insurance agents, real estate agents, or other licensed professions which are of a similar nature.
RECREATIONAL VEHICLE: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreation purposes, and licensed as such.
RECREATIONAL VEHICLE PARK: Any area or tract of land rented or held out for rent for parking or placement of temporary recreational vacation housing.
RESIDENTIAL: See definition of Dwelling.
RESTAURANT: A public eating house which does not provide curbside or in-automobile food service.
RETAIL SALES: An establishment selling goods, wares, or merchandise directly to the ultimate consumer.
ROOMING UNIT: A space for human occupancy lacking private bath and/or kitchen facilities.
SCHOOL: Elementary, junior or senior high, including public, private or parochial. An institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the board of education.
SCREENED: Concealed or cut off from direct visual contact, from neighboring private property or public rights of way.
SERVICE: As definition of a type of establishment means an establishment primarily selling nontangible goods such as expert advice or assistance, or otherwise supplies the needs of a consumer but produces no tangible goods, or produces tangible goods that are only ancillary to the service provided.
SETBACK: The horizontal distance required between any structure and lot line. This distance to be measured at right angles to the lot line. The setback line shall be parallel with the lot line.
SHOPPING CENTER: One or more buildings containing at least three (3) separate retail businesses planned, developed and managed as a unit, with off street parking provided on the property.
SIGNS: Any outdoor advertising having a permanent location on the ground, or attached, to or painted on a building, including bulletin boards, billboards and poster boards, or any device designed to inform or attract attention.
SMALL SCALE WIRELESS FACILITY: A facility, less than twenty feet (20') in height from the base to the highest point including attachments, designed and constructed specifically to support one or more antennas and may include a monopole, self-supporting (lattice) tower, guywire supported tower, and other similar structures and/or a facility broadcasting in the electromagnetic spectrum. When calculating the height of a facility, other structures designed for other uses such as office buildings or water towers shall not be included in the calculation. This definition excludes private, receive only, antennas such as for the reception of television signals and private amateur operated short wave two-way radio towers.
STEALTH OR CAMOUFLAGED: Placement of a telecommunications facility in such a way that it may not be discerned as being separate from the principal use of a site. This may be accomplished through visual screening, use of color, or encasement of the facility within an existing structure such as a steeple. A stealth installation may also include the construction of a new structure to contain the facility so long as the new structure complies with the height, setback, and other requirements of the zoning code or is otherwise exempt from those requirements.
STORY: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and ceiling next above it.
STREET: Any thoroughfare or public space which has been dedicated to public or private use as the principal means of access to properties.
STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as bearing walls, partitions, columns, beams or girders, excepting such alterations as may be required for the safety of the building.
STRUCTURE: A combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground.
TEMPORARY: Not having or requiring permanent attachment to the ground, or involving structures which have no required permanent attachment to the ground.
TOWNHOUSE: A dwelling unit, located on its own lot, which shares one (1) or more common or abutting walls with each wall having no doors, windows or other provisions for human passage or visibility with any other dwelling units, each located on its own lot. A townhouse does not share common floors/ceilings with other dwelling units. Each of the attached dwelling units must have:
1. Independent water and sewer service lines and metering pursuant to the applicable plumbing code and all other city regulations;
2. Individual services for all private utilities; and
3. A two (2) hour fire separation wall separating the dwelling unit from any adjoining dwelling units.
TOWNHOUSE CLUSTER: A building consisting of three (3) to five (5) dwelling units, each meeting the definition of a townhouse, placed side-by-side and/or back-to-back. Townhouse clusters may not exceed five (5) dwelling units.
TOWNHOUSE LOT: Arrangement under which units share a common wall, and individuals own their own units and hold separate title to the land beneath the unit.
TOWER: A structure greater than ten feet (10') in height designed and constructed specifically to support one or more antennas and may include a monopole, self-supporting (lattice) tower, guywire supported tower, and other similar structures. A tower does not include other buildings or structures designed for other uses such as an office building or water tank.
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.
USE, ACCESSORY: See definition of Accessory Use.
VARIANCE: The relaxation of the strict application of terms of this title with respect to mechanical requirements, such as setback requirements, area requirements, building height, parking and loading space requirements, etc., where specific physical conditions unique to the site of the lot would create an unreasonable burden by making its development of permitted use difficult or impossible.
VETERINARY CLINIC: A building or premises for the medical or surgical treatment of animals or pets, including dogs, cats and livestock. It also includes veterinary hospitals, which may provide for the boarding of hospitalized animals, but excluding the boarding of animals not subjected to medical or surgical treatment.
WELDING SHOP: A place of business where welding and cutting are the major means of accomplishing repairs or fabrication of metal items.
WHOLESALE ESTABLISHMENT: An establishment for the sale of goods and merchandise for resale instead of direct consumption.
YARD: An open space on the same lot with the principal building, unoccupied or unobstructed by any portion of a structure except as otherwise provided by this title.
YARD ENCROACHMENTS: Every part of a required yard shall be open to the sky, unobstructed by any part of any structure with the exception of the following:
1. Projections: Projection of sills, belt courses, cornices and ornamental features which do not project more than twelve inches (12") from the principal building.
2. Unenclosed Porch; Uncovered Steps: Open unenclosed porch or uncovered steps may project into the front yard for a distance not to exceed ten feet (10').
3. Terraces; Uncovered Porches; Platforms; Ornamental Features: Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet (3') above the floor level of the ground story may project into a required rear yard; provided, these projections be at least five feet (5') from the property line.
4. Allowed In All Yards: Driveways, parking spaces, sidewalks, uncovered patios and terraces of noncombustible materials and ornamental objects are allowed in all yards.
YARD, FRONT: An open space extending across full width of the front of the lot from the front line of the building proper to the front lot line, and unoccupied except as otherwise provided by this title.
YARD, REAR: An open unoccupied space between the rear line of a building and rear lot line for the full width of the lot and unoccupied except as otherwise provided by this title.
YARD, SIDE: An open space extending from the building to a side lot line running between the front yard and the rear yard and unoccupied except as otherwise provided by this title.
ZONE: A section of the jurisdictional zoning area of the town for which the applied regulations of this title are uniform. Also see definition of district.
ZONING ADMINISTRATOR: An employee, independent contractor or volunteer, appointed by the Town Council to administer the provisions of this title. (Ord. 253, 12-1-1998; amd. 2000 Code; Ord. 290, 8-12-2003; Ord. 07-003, 2-13-2007; Ord. 07-004, 4-10-2007; Ord. 13-002, 10-10-2013; Ord. 14-001, 5-14-2014; Res. 18-001, 6-14-2018; Ord. 20-001, 7-9-2020)
C. Definitions Relating To Adult Oriented Businesses:
ADULT ARCADE: Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, videos or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
ADULT BOOKSTORE: An establishment that has thirty percent (30%) or more, in value or floor area, of its stock in trade in books, magazines, periodicals, or other printed matter, or of photographs, films, motion pictures, videocassettes, slides, tapes, records or other forms of visual or audio representations or instruments, adult entertainment merchandise, or devices or paraphernalia which are distinguished by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.
ADULT CABARET: A nightclub, bar, restaurant, cafe or similar commercial establishment that regularly, commonly habitually or consistently features:
1. Persons who appear in a state of nudity or seminudity; or
2. Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
3. Films, motion pictures, videocassettes, slides, photographic reproductions or other image producing devices that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
4. Persons who engage in nude or partially nude "exotic" or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT MOTEL: A hotel, motel or similar commercial establishment that:
1. Offers accommodation to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas", and has a sign visible from the public right of way that advertises the availability of this adult type of photographic reproductions; or
2. Offers a sleeping room for rent more than two (2) times during a period of time that is less than twenty four (24) hours; or
3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than twenty four (24) hours.
ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly, commonly, habitually and consistently shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT ORIENTED BUSINESS: An adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
ADULT THEATER: A theater, concert hall, auditorium or similar commercial establishment that regularly, commonly, habitually and consistently features persons who appear, in person, in a state of nudity and/or seminudity, and/or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
ADULT-USE DISPENSARY: A licensed premises from which a person licensed by the Department of Revenue, (the “Department”) may: (a) obtain marijuana or marijuana products from a licensed cultivator, manufacturer, dispensary, or other licensee approved under Title 16, Chapter 12, MCA, and (b) sell marijuana or marijuana products to registered cardholders, adults that are twenty-one (21) years of age or older, or both.
ADULT-USE MARIJUANA-INFUSED PRODUCTS PROVIDER: A person licensed by the Department to manufacture and provide marijuana-infused products for consumers.
CONSUMER: A person twenty-one (21) years of age or older who obtains or possesses marijuana products for personal use from a licensed dispensary but not for resale.
CULTIVATOR: A person licensed by the Department to: plant, cultivate, grow, harvest and dry marijuana; and package and relabel marijuana products at the location in a natural or naturally dried form that has not been converted, concentrated or compounded for sale through a licensed dispensary.
DIRECTOR: The chief of police and such employee(s) of the police department as he may designate to perform the duties of the director under title 3, chapter 10 of this code.
EMPLOYEE: A person who performs any service on the premises of an adult oriented business on a full time, part time, contract basis or independent basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does "employee" include a person exclusively on the premises as a patron or customer.
ESCORT: A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY: A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT: Means and includes any of the following:
1. The opening or commencement of any adult oriented business as a new business;
2. The conversion of an existing business, whether or not an adult oriented business, to any adult oriented business;
3. The addition of any adult oriented business to any other existing adult oriented business;
4. The relocation of any adult oriented business;
5. An adult oriented business or premises on which the adult oriented business is located; or
6. An existing business that occasionally offers adult oriented business activities.
LICENSED DAYCARE CENTER: A facility as defined in subsection B of this section.
LICENSEE: A person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license.
LIVE THEATRICAL PERFORMANCE: A play, skit, opera, ballet, concert, comedy or musical drama.
MANUFACTURER: A person licensed by the Department to convert or compound marijuana into marijuana products, marijuana concentrates, or marijuana extracts and package, repackage, label, or relabel marijuana products as allowed under this chapter.
MARIJUANA: All plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination. The term does not include hemp, including any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta- 9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis, or commodities or products manufactured with hemp, or any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.
MARIJUANA TRANSPORTER: A person that is licensed to transport marijuana and marijuana products from one marijuana business to another marijuana business, or to and from a testing laboratory, and to temporarily store the transported retail marijuana and retail marijuana products at its licensed premises, (facility) but is not authorized to sell marijuana or marijuana products to consumers under any circumstances.
MEDICAL MARIJUANA DISPENSARY: The location from which a registered cardholder may obtain marijuana or marijuana products.
NUDE MODEL STUDIO: Any place where a person who repeatedly or regularly appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons for consideration.
NUDITY OR A STATE OF NUDITY: The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals or vulva, with less than a fully opaque covering; or a breast with less than a fully opaque covering or any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.
PREMISES: The real property upon which the adult oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the adult oriented business, the grounds, private walkways and parking lots and/or parking garages adjacent thereto, under the ownership, control or supervision of the licensee.
SEMINUDE OR SEMINUDITY: The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. Activities or physical contact between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.
SPECIFIED ANATOMICAL AREAS: 1. The human male genitals in a discernibly turgid state, even if fully and opaquely covered;
2. Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY: Any of the following offenses:
1. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness, indecent exposure; indecency with a child, sexual assault; molestation of a child; incest; endangering the welfare of children, or any similar sex related offenses to those described above under the criminal or penal code of this state, or other states or other countries;
2. For which:
a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense;
c. Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are for two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty four (24) month period;
3. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast, whether covered or uncovered;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set forth in subsections 1 through 3 of this definition.
SUBSTANTIAL ENLARGEMENT OF AN ADULT ORIENTED BUSINESS: The increase in floor areas occupied by the business by more than twenty five percent (25%), as the floor areas existed as of the passage date hereof.
TESTING LABORATORY: A marijuana testing laboratory which provides testing of representative samples of marijuana and marijuana products and provides information about the chemical composition and potency of a sample, as well as the presence of molds, pesticides or other contaminates.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT ORIENTED BUSINESS: Means and includes any of the following:
1. The sale, lease or sublease of the business;
2. The transfer of securities that form a controlling interest in the business, whether by sale, exchange or similar means; or
3. The establishment of a trust, gift or other similar legal devise that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 295, 11-10-2003; amd. Ord. 23-001, 1-12-2023)
Notes
| 1 | 1. See section 10-14-6 of this title. |