ACCESSORY BUILDING OR USE: The use of land or a subordinate building or a portion of a main building, such use being secondary to or incidental to the principal use or structure.
AGRICULTURE: The use of land for farming, dairying, grazing, agriculture, horticulture, floriculture, silviculture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, that the operation does not include commercial feedlots or commercial facilities for slaughtering, dressing, and packing of animal product.
ALLEY: A public right of way, not over twenty feet (20') in width, which provides a secondary means of access to a property.
APARTMENT HOTEL: A building or portion thereof designed for or providing both individual guest rooms or suites of rooms and dwelling units or apartments.
APARTMENT HOUSE: See definition of Dwelling, Multiple-Family.
ASSISTED LIVING FACILITY: A residential structure having a common kitchen facility occupied by two (2) or more persons living together for the purpose of common support in which there is nonmedical aid provided on a twenty four (24) hour basis. The operator of a residential facility, members of the operator's family or persons employed as staff may reside in the facility.
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 their parts.
AUTOMOTIVE VEHICLE SALES AREA: An open area, other than a street, used for the display, sale or rental of new or used automobiles, trailers, or trucks, where no repair work is done except minor incidental repair to vehicles for display. Vehicles must be capable of operation under their own power at all times.
BED AND BREAKFAST HOMES: A single-family dwelling which remains owner occupied at all times providing one or more guest rooms for compensation, and where food service is limited to breakfast which may be served to overnight guests only.
BOARDING (LODGING OR ROOMING) HOUSE: A building, or portion thereof, other than a hotel, where lodging and/or meals for five (5) or more persons, but not more than twenty (20) persons, are provided for compensation.
BUILDING: Any structure built for support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
BUILDING COVERAGE: That percentage of the total lot area of a lot which is covered by the principal building.
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 the roof.
BUILDING LINE: The edge or side of a building nearest a lot line.
BUILDING LINE, FRONT: The line of that part of the building nearest and parallel to the front lot line of the lots.
BUILDING, PRINCIPAL: A structure in which is conducted the main use of the lot on which the structure is located.
BUILDING, RESIDENTIAL: A single residential structure on a continuous permanent foundation.
CARETAKER RESIDENCE: A single-family residence placed in conjunction with and/or attached to a land use that requires twenty four (24) hour care in order to protect the livelihood of a business. If detached, structure shall be of a temporary, movable nature such as a mobile or modular home, and be reviewed by the City as a conditional use as set forth in chapter 12 of this title.
CHURCH: A building designed and used for public worship by any religious body.
CONDITIONAL USE: The relaxation of the strict terms of this title to permit uses in districts where such uses may require additional controls and safeguards not required of otherwise permitted uses.
DAYCARE FACILITIES: Any entity that cares for three (3) or more children from two (2) or more families for more than three (3) consecutive weeks.
DRIVE-IN EATING ESTABLISHMENT: 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 portion thereof designed for occupancy by one or more families.
DWELLING, MANUFACTURED HOME: A factory fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into structure on a permanent foundation and which complies with the Montana Building, Plumbing, Electrical, and Mechanical Construction Codes and the rules and regulations for manufactured 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, MOBILE HOME: A factory assembled transportable building unit built on a chassis and designed to be used as a dwelling with or without a permanent foundation. A travel trailer is not a mobile home.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof designed for occupancy by two (2) or more families.
DWELLING, ONE-FAMILY: A building designed for occupancy by one family and its resident domestic employees.
DWELLING UNIT: A building or portion thereof providing separate cooking, eating, sleeping and living facilities for one family and its resident domestic employees.
FAMILY: One or more persons living, sleeping, and usually cooking and eating on the premises as a single housekeeping unit.
FLASHING SIGN: A sign, part or all of whose lights go on and off, or appear to go on and off, intermittently.
GARAGE, AUTOMOTIVE REPAIR: Any building or premises used for major repairs of motor vehicles, but not including auto wrecking or storage of wrecked cars. Repair activities shall be conducted in enclosed spaces or screened from public view.
GARAGE, PRIVATE: An accessory building or an accessory portion of the main building designed and/or used for the shelter or storage of vehicles of the occupants of the main building; such area to be considered the required off street parking.
GASOLINE SERVICE STATION: A building or premises where gasoline, oil, batteries, tires and automotive accessories may be sold and routine automotive servicing and parts replacement is performed. However, tire recapping, major repair or bodywork, painting, welding, auto wrecking and motor overhaul are specifically excluded.
GOVERNING BODY: The city council of the city.
GROSS FLOOR AREA: The total area of all floors of a building measured from exterior walls.
GROWTH POLICY: Includes any document or portion of any document duly adopted by the city council which is intended to guide the growth and development of the area.
HOME OCCUPATION: The use of a portion of a dwelling and/or accessory building for occupations at home by one or more persons residing in the dwelling unit. Said activity must be clearly incidental to the use of the dwelling for dwelling purposes and will not change the character or appearance thereof.
HOTEL: A building containing six (6) or more rooms designed for and rented out for sleeping purposes for transients, and where only a general kitchen and dining room are provided within the building or in an accessory building.
JUNKYARD: Primary or accessory use of a parcel of land for the storage, dismantling or selling of cast off or salvage material of any sort in any other than the original form in which it was manufactured and/or assembled, but not including reconditioned secondhand furniture, fixtures, or antiques sold from within a walled building.
LOADING BERTH: 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: A parcel or plot of land shown as an individual unit of ownership on the most recent plat or other record of subdivision.
LOT, CORNER: A lot situated at the intersection of two (2) streets or, if on a curbed street, where the angle of intersection of curve tangents is less than one hundred thirty five degrees (135°).
LOT DEPTH: The mean distance between the front and rear lot lines.
LOT FRONTAGE: The front of a lot shall be the narrowest part of the lot having street frontage. When a corner lot has two (2) street frontages of the same width, the owner may determine which frontage will be considered the front.
LOT, INTERIOR: Any lot other than a corner lot.
LOT LINES: The lines bounding a "lot" as defined herein.
LOT WIDTH: The mean width of the lot measured at right angles to its depth. Required lot width in this title shall be measured at building setback line.
MEETING HALL: A building or part of a building used for the assembly of persons for singular events such as conferences, religious function, catered occasions, special events, club meetings, music venue, philanthropic purposes, and other such activities.
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 and/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.
MOBILE HOME 1 : A factory assembled structure or structures; with dimensions of ten feet (10') wide by thirty five feet (35') long or greater, 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 single dwelling unit(s) without a permanent foundation.
MOBILE HOME PARK: A tract of land providing two (2) or more mobile home lots for lease or rent to the general public.
MOTEL: See definition of Hotel.
MULTI-UNIT HOTELS OR MOTELS: A grouping of cabins designed for and rented out for sleeping purposes for transients, typically containing a kitchen, bathroom(s), living and sleeping area or separate sleeping area. The units may be arranged as separate units or duplex units with off street parking either adjacent to or separate from each unit.
NURSING HOME: A building or portion thereof used for the housing of and caring for the ambulatory, aged, or infirm by a professional staff.
PARKING LOT: A structure or an area, other than a public street or alley designed for use for the temporary parking of motor vehicles and available for public use whether free, for compensation, or an accommodation for customers or clients.
PARKING SPACE, OFF STREET: A space located off any public right of way which is at least nine feet by eighteen feet (9' x 18') in size for parking any motor vehicle, with room to get out of either side of the vehicle, with adequate maneuvering space, and with access to public streets or alleys.
PROFESSIONAL (BUSINESS) OFFICES: Offices to be occupied by accountants, architects, dentists, doctors, engineers, lawyers, insurance agents, real estate agents, or other professions which are of a similar nature.
RESTAURANT: A public eating house which does not provide curbside or automobile service.
RETAIL SALES: An establishment selling goods, wares, or merchandise directly to the ultimate consumers.
ROOMING HOUSE: See definition of Boarding (Lodging Or Rooming) House.
ROOMING UNIT: See definition of Unit, Rooming.
SCREENED: Concealed or cut off from direct visual contact.
SETBACK: The horizontal distance required between any structure and a lot line. This distance to be measured at right angles to the lot line. The setback line shall be parallel with the lot lines.
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.
SIGN: Any face of any lettered or pictorial device and/or structure designed to inform or attract attention.
STRUCTURAL ALTERATION: Any change in the shape or size of any portion of a building or of the supporting members of the girders, floor joist, or roof joist.
STRUCTURE: That which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.
TOWNHOUSE: A single-family dwelling constructed as part of a series of dwellings, each of which is either attached to the adjacent dwelling or dwellings by party walls, or is located immediately adjacent thereto with no visible separation between the dwellings. If individually owned, each townhouse may be located on an individual lot.
TOWNHOUSE CLUSTER: A building consisting of three (3) or more noncommunicating, attached, one-family dwellings placed side by side or back to back, with no unit located over another, and having a common wall between each adjacent dwelling. If the building or land remains under common ownership, a townhouse cluster may be located on a single lot.
TRAVEL TRAILER: A vehicular portable structure designed as a temporary dwelling for travel, recreation, and vacation uses which is not more than eight feet (8') in body width nor thirty two feet (32') in body length.
TRAVEL TRAILER PARK: Any area or tract of land rented or held out for rent to one or more persons or users for parking or placement of temporary recreational vacation housing.
UNIT, EFFICIENCY: An apartment unit with unseparated area for sleeping and/or cooking.
UNIT, ROOMING: A space for human occupancy lacking private bath and/or kitchen facilities with a floor area of at least one thousand four hundred fifty (1,450) square feet.
USE: Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied or any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
USE, CONDITIONAL: 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.
VARIANCE: The relaxation of the strict application of the terms of this title with respect to mechanical requirements such as setback requirements, yard 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 for permitted uses difficult or impossible.
WHOLESALE ESTABLISHMENT: An establishment for the sale of goods and merchandise for resale instead of direct consumption.
YARD, FRONT: An open space extending across the full width of the lot between the front building line and the front lot line.
YARD, REAR: An open space extending across the full width of the lot between the rear building line of the principal building and the rear lot line.
YARD, SIDE: An open space extending from the side building line to a side lot line running from the front to the rear of the lot.
ZONING COMMISSION 2 : As herein used shall mean the duly appointed members of the zoning and planning board for the city of Three Forks, Montana.
ZONING OFFICIAL: That official designated, from time to time by the City Council as the official responsible for accepting, reviewing and approving or rejecting plans for zoning or occupancy, and applications for zoning and occupancy permits, and for the interpretation and enforcement of ordinances related thereto. (Ord. 203, 12-9-1983; amd. Ord. 243, 12-10-1996; Ord. 253-99, 10-13-1998; 2000 Code; Ord. 267, 2-11-2003; Ord. 334-13, 9-10-2013; Ord. 366-2016, 10-11-2016; Ord. 370-2016, 11-9-2016; Ord. 380-2017, 1-9-2018; Ord. 399-2023, 3-14-2023)
Notes
| 1 | 1. See also section 11-16-2 of this title. |
| 2 | 1. See also section 2-1-1 of this code. |