For the purpose of this title, the following words and terms have the meaning indicated in this chapter:
ABUTTING: Having property or district lines in common; e.g., two (2) lots are abutting if they have property lines in common.
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate in area, extent, or purpose to the principal use or structure.
AGRICULTURE: The use of land for farming, dairying, grazing, cultivation, horticulture, floriculture and silviculture, provided that the operation does not include commercial feedlots or commercial facilities for slaughtering, dressing, and packing of animal products.
ALLEY: A public right of way built in accordance with subdivision regulations, which provides a secondary means of access to a property, normally at the back side of a property.
AUTO WRECKING YARD: Any open space of more than two hundred (200) square feet used for storing, dismantling, disassembling, salvaging or abandoning wrecked or otherwise immobilized motor vehicles.
BUFFER: A strip of land established to protect one type of land use from another with which it is incompatible.
BUILDING: A structure, of more or less permanent construction, having a roof and intended to be used for sheltering people, animals, property, or business activity.
BUILDING DENSITY: The average number of housing units per acre of land.
BUILDING HEIGHT: The vertical distance from the mean elevation of the finished grade along the front of the building to the highest point of a flat roof, or the midline of any other roof.
COMMERCIAL FEEDLOT: Any confined place or facility used for the feeding of animals for commercial purposes and not normally used for pasturage where more than twenty five percent (25%) of the animals do not belong to the owner of the place or facility.
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 a district youth guidance home established pursuant to Montana Code Annotated title 50, chapter 5, or a halfway house operated in accordance with regulations of the department of health and environmental sciences for the rehabilitation of alcoholics or drug dependent persons, or a licensed adult foster family care home.
CONDITIONAL USE: A use permitted within a zoning district, provided the additional conditions specified in the district regulations for the use are met.
DRIVE-IN RESTAURANT OR REFRESHMENT STAND: Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in or on disposable plates or cups and where customers may be served in their motor vehicles, may serve themselves or may eat or drink the food, refreshments, or beverages on the premises.
DWELLING, MOBILE HOME: A factory assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit(s) without a permanent foundation.
DWELLING, MODULAR UNIT: A factory fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a structure on a permanent foundation which complies with the Montana building, plumbing, electrical and mechanical construction codes and the rules and regulations for modular housing of the building code division of the Montana department of administration. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated subelements which are to be incorporated into a structure at the site.
DWELLING, MULTIPLE-FAMILY: A residential building or portion thereof designed for or occupied as the home of three (3) or more families living independently of each other, including tenement houses, apartment houses or apartment hotels.
DWELLING, SINGLE-FAMILY: A detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only.
DWELLING, TWO-FAMILY: A detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families.
DWELLING UNIT: One room or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and which may or may not contain independent cooking and sleeping facilities, i.e., motels and hotels.
EXTRACTIVE INDUSTRIES: Include quarrying, the removal of sand, soil, stone, gravel, or clay, and mining operations.
FAMILY: One or more persons, living, sleeping and usually cooking and eating on the premises, as a single housekeeping unit.
LOT: A parcel of land of at least sufficient size to meet minimum zoning requirements for structure, use, coverage, and area, and to provide such yards and other open spaces as are required in this title. Such lot shall have frontage on a public street, or on an approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record;
D. A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title.
"Lot" includes the words "plot", "parcel", or "tract".
LOT FRONTAGE: The side of a lot boundary which is nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.
LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the county clerk and recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES: The diagram (Figure 1 of this definition) which illustrates terminology used in this title with reference to corner lots, interior lots, reversed frontage lots and through lots.
In the diagram, A equals "corner lot", defined as 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 lots lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty five degrees (135°). See lots marked A(1) in the diagram.
B equals "interior lot", defined as a lot other than a corner lot with only one frontage on a street.
C equals "through lot", defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.
D equals "reversed frontage lot", defined as a lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees to the general pattern in the area. A reversed frontage lot may also be a corner lot (A-D in the diagram), or a through lot (C-D).
MOBILE HOME LOT: A designated portion of a mobile home park designed for the accommodation of one mobile home and its accessory buildings or structures for the exclusive use of the occupants.
MOBILE HOME PARK: Any lot, tract or parcel of land used, maintained, or intended to be used, leased or rented for occupancy by two (2) or more mobile homes together with accessory structures provided in connection therewith. This definition shall not include trailer sales lots on which unoccupied mobile homes are parked for the purpose of inspection and sales.
PERSON: Includes a firm, association, corporation, trust and company, as well as an individual.
REPAIR GARAGE OR BODY SHOP: Buildings and premises used primarily for mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations.
SERVICE STATION: Buildings and premises where the primary function is to dispense at retail gasoline, oil, grease, batteries, tires, and automobile accessories. A service station is not a repair garage nor a body shop.
SHALL: Always mandatory and not merely directory.
SHIPPING CONTAINERS: Shipping containers, conexs, crates or other items used for shipping goods and semi-truck trailers with their wheels and axles removed.
STRUCTURE: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, and billboards.
TOWNHOUSE: A single-family dwelling unit constructed in a row of attached units separated by property lines and with open space on at least two (2) sides.
TRAVEL TRAILER: A vehicular, portable unit built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet (8').
TRAVEL TRAILER PARK: Any lot, tract or parcel of land used, maintained or intended to be used for accommodating travel trailers.
USED FOR: Includes the meaning "designed for".
VARIANCE: A relaxation of the terms of the zoning title 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 actions 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: A space on the same lot with a principal building, open, unoccupied, and unobstructed by any structure or portion of a structure; provided, however, that fences, walls, poles, posts, other customary yard accessories, sidewalks, terraces, and swimming pools may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility in chapter 5 of this title. See figure 2 in the definition of "lot types" for illustrations of yard types.
YARD, FRONT: A yard extending between side lot lines across the front of a lot adjoining a public street. In the case of through and corner lots, unless the prevailing front yard pattern on abutting lots indicates otherwise, shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the administrative official may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on abutting lots.
YARD, REAR: A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.
YARD, SIDE: A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after front yards have been established shall be considered side yards.
ZONING ADMINISTRATOR: The city building inspector or other designated person approved by the city council. (1975 Code §§ 17.08.010, 17.08.030 - 17.08.400; amd. Ord. 706, 2-5-1996; Ord. 822, 10-19-2015)