Words used in the present tense include the future; words in the singular number include the plural; words in the plural include the singular; the word “building” includes the word “structure” and the word “person” includes a corporation or other organization; the term “used” includes the term “arranged” or “intended to be used” or “designed”; and the word “shall” is mandatory and not directory. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR BUILDINGS. A use or building that is customarily incidental to and accessory to the principal and ordinary use of a building or premises, located on the same premises with such principal use or building. ACCESSORY BUILDINGS are not inhabitable structures.
ADULT ORIENTED BUSINESS. A sexually-oriented arcade, bookstore, video store, cabaret, motel, motion picture theater, escort agency or similar business.
APARTMENT. See MULTIPLE FAMILY DWELLING.
BOARDING HOUSE. A building, other than a hotel or club, where meals are regularly served for compensation or more than six persons not members of the family there residing.
COMMUNITY GARAGE. A series of private garages of capacity of not more than one automobile each, located jointly on a common lot, and having no public shop or service in connection therewith.
CONDOMINIUM. A form of individual ownership with unrestricted right of disposal of one or more units in a multiple unit project, with the land and other parts of the project held in common ownership or use with the owners of the other units, pursuant to MCA Title 70, Ch. 23.
DWELLING, SINGLE-FAMILY. A detached building designed for, or occupied exclusively, by one family and is distinct from a mobile, manufactured or modular home.
DWELLING, TWO-FAMILY. A detached or semidetached (via roof, wall or other means) building designed for, or occupied exclusively, by two families living independently of each other.
DWELLING, MULTIPLE-FAMILY. A building, or portion thereof, designed for, or occupied as a temporary or permanent home of three or more families living independently of each other, including apartment houses, condominiums and townhouses.
DISTRICT. A section of the city for which the regulations governing the area, height and use of buildings and premises are the same.
FAMILY. One or more persons, living, sleeping and usually cooking and eating on the premises, as a single housekeeping unit. A FAMILY may or may not be related by blood, marriage or adoption.
FILLING STATION. A building and appurtenances located on a lot where gasoline or other liquids used in the operation of motor vehicles is retailed and usually delivered directly into such vehicles.
FRONT YARD. An open space extending across the front of the lot (where the property is addressed) measured from the property line to the closest extension of the structure and occupied only by uncovered steps.
HEIGHT OF BUILDING. The vertical distance from the ground in front of the building to the highest point of the coping of a flat roof, to the deck line of a mansard roof, to the junction of the wall and the eaves of a building with a gable or a hip roof.
HOTEL. A building in which lodging is provided, with or without meals, and open to transient guests.
LOT. A parcel, plot, tract or other land area created by platting, subdivision for sale, rent or lease or other duly recognized means in compliance with state and local requirements.
LOT, CORNER. A lot having at least two sides that abut for their full length upon streets. Such lots have one front yard abutting a street and one side yard abutting a street, in accordance with the development setback distance pattern that exists on developed lots for two blocks along the street frontages.
LOT COVERAGE. The area of a lot with pavement, concrete, roof and other surfaces that does not allow water to infiltrate the ground.
MOBILE HOME. A detached residential dwelling unit, which may consist of two or more sections, fabricated at a factory and designed to be towed on its own chassis to a building site for occupation as a dwelling with or without a permanent foundation. The term includes, but is not limited to, TRAILER HOMES, HOUSE TRAILERS and MANUFACTURED HOMES, whether or not the unit has been constructed after 7-1-1976, in conformance with Federal Manufactured Home Construction and Safety Standards and does not include “park models”.
MOBILE HOME PARK. Any park or court, site, block, parcel or contiguous tracts of land, designed, maintained or intended for the purpose of supplying the permanent location or accommodation for mobile homes, and upon which mobile homes are parked and shall include all buildings used or intended for use as part of the purpose thereof whether a charge is made for that use of the mobile home park and its facilities or not.
MODULAR HOME. A single-family dwelling, built off-site at a factory on or after 1-1-1990, that is placed on a permanent foundation without a chassis used as a means of support, is at least 1,000 square feet in size, has a pitched roof and siding and roofing materials that are customarily used on site-built homes, and is in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development.
NON-CONFORMING USE. A building or premises that does not conform with the regulations of the district in which it is situated and/or other standards contained in this code.
PRIVATE GARAGE. A garage with capacity of not more than four motor-driven vehicles and having no public shop or service in connection therewith.
PUBLIC GARAGE. Any premises used for housing or care of more than four motor-driven vehicles, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale, including show rooms or exhibition for modern cars.
REAR YARD. An open, unoccupied space measured from the farthest extension of a building to the rear lot line, for the full width of the lot, and unoccupied, except by accessory buildings.
RECREATIONAL VEHICLE (RV). A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use that either has its own motor power or is mounted on or drawn by another vehicle and has a gross trailer area not exceeding 400 square feet in the set-up mode.
RECREATIONAL VEHICLE PARK OR COURT (RV PARK OR RV COURT). A tract of land available to and principally used by the public for camping, where persons can park recreational vehicles for camping and sleeping purposes.
RETAIL. Establishments selling goods directly to the consumer.
SIDE YARD. An open, unoccupied space on the same lot with a building, measured from the closest extent of a building to the side line of the lot, and extending through from the front yard to the rear yard.
SPECIAL EXCEPTION. A land use that would not be appropriate generally or without restrictions throughout the zoning district, but which, if controlled as to number, area, location, design, buffering, relation to the neighborhood and/or other factors, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance prosperity or general welfare.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders; except such alterations as may be required for the safety of the building.
TOWNHOUSE. An arrangement under which units share a common wall and individuals own their own units and hold separate title to the land beneath the unit.
VEHICLE TRIP. A movement by one or more person in a motor vehicle that begins or ends at a particular location.
WIRELESS COMMUNICATION FACILITY. Commercial radio and television antenna, unlicensed wireless service antenna/tower, common carrier wireless exchange structure(s)/antennas/ tower(s). Commonly referred to as CELLULAR COMMUNICATIONS.
YARD. The open space not occupied by one or more permanent structures located between a building and property line. It is the landowner’s responsibility to identify property lines for yard measurement purposes.
(1992 Code, § 9-1-101)