11-9-2: DEFINITIONS:

Publisher's Note: This Section has been AMENDED by new legislation (Ord. 23-28 ). The text of the amendment will be incorporated below when the ordinance is codified.

ACCESSORY DWELLING UNIT (ADU): A room or rooms on the same lot as primary dwelling that may be occupied by persons who are not members of the primary dwelling family. An ADU is independently habitable and provides the basic requirements of shelter, heating, cooking, and sanitation. Only one ADU or guesthouse is permitted on a lot accessory to a single-family home. A deed restricted ADU must be rented with a lease term of no less than twelve (12) months and may not be vacant for more than thirty (30) days in a calendar year. This deed restriction will be enforced for no more than five (5) years.

There are two types of ADUs:

   A.   Attached. A dwelling unit attached to or located inside the primary dwelling unit. Examples include converted living space in basements and attics or attached garages, additions, or a combination thereof.

   B.   Detached. A dwelling unit completely detached from and accessory to the primary dwelling. Examples include converted detached garages or other accessory buildings, new cottages, or living space over garages.

ACCESSORY BUILDING: A detached, subordinate building situated on the same lot with the main building and used for an accessory use. A "guesthouse", "accessory apartment", or other living quarters as defined in this section may be an accessory building or may be a component of an accessory building. This term also includes fabric or metal structures with plastic, aluminum, PVC, or similar frames or supports, whether or not anchored to the ground.

ACCESSORY USE: A subordinate use of a building, other structure or use of land:

   A.   Which is clearly incidental to the primary use of the main building, other structure, or use of land; and

   B.   Which is used customarily in connection with the main building, other structure or use of land; and

   C.   Which is located on the same lot with the main building, other structure or use of land.

AFFORDABLE HOUSING: Housing affordable, based upon deed or trusts, rent or mortgage payments, to low or moderate income households. Affordable housing payments are approximately thirty percent (30%) of gross monthly income, less insurance, Property Taxes, adjusted for family size.

AFFORDABLE UNIT: A single dwelling unit in a development that has been deed restricted for long-term affordability.

AGRICULTURE: The use of land for agricultural purposes, including raising of crops, dairying, pasturage, animal and poultry husbandry, certain feedlots and the necessary accessory uses normally associated with such uses. Raising and harvesting of timber is also included.

ALLEY: A passage or way, open to public travel, and dedicated to public use, affording a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.

APPLICANT: A person who files an application for permit under this title and who is either the owner of the land on which that proposed activity would be located, a contract purchaser, or the authorized agent of such persons.

AREA LIGHT: A luminaire equipped with a lamp that produces over one thousand eight hundred (1,800) lumens. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights. (See subsection 11-3-25H, table 1 of this title for light output of various lamps.)

AUTOMOBILE REPAIR, LIMITED: Any building or premises used primarily for the servicing of motor vehicles including grease racks, tire repair, battery charging, hand washing of automobiles, sales of merchandise and supplies related to the above servicing of motor vehicles, engine overhauling, brake work, exhaust system work, mechanical repair and light welding but excluding body and fender work, painting, storage of vehicles not in operating condition or other work involving noise, fumes, glare or smoke.

AUTOMOBILE SERVICE STATION: Any building or premises used primarily for the retail sale of gasoline and lubricants, but which may also provide for the incidental servicing of motor vehicles including grease racks, tire repairs, battery charging, hand washing of automobiles, sale of merchandise and supplies related to the servicing of motor vehicles and minor replacements, but excluding body and fender work, engine overhauling, painting, welding, storage of automobiles not in operating condition or other work involving noise, fumes, glare or smoke.

AUTOMOBILE WRECKING YARD: See definition of Junkyard.

AWNING: A shelter projecting from and supported by an exterior wall of a building constructed of nonrigid materials on a supporting framework.

BAR/LOUNGE: An establishment licensed by the state of Montana for on premises consumption of alcoholic beverages. This definition is specifically meant to exclude holders of restaurant beer wine (RBW) licenses.

BARBERSHOP/HAIR SALON: Offices maintained and used as place of business conducted by persons licensed and trained as a barber or cosmetologist.

BAY WINDOW: A window feature that protrudes from a wall of a structure and encloses an interior space, or bay, on three (3) sides. A bay window does not include floor space of any kind. Bay window is inclusive of the terms "oriel" and "oriel window".

BED AND BREAKFAST: A single-family detached dwelling containing, in addition to living accommodations for a resident-manager, individual sleeping rooms without cooking facilities for the purpose of providing to the general public, for compensation, lodging, bathroom facilities and breakfast to overnight patrons only.

BLOCK: That property abutting one side of a street and lying between the two (2) nearest intersecting streets, or nearest intersecting street and railroad right of way, or unsubdivided acreage, or waterways, but not an alley of sufficient size to interrupt the continuity of development on both sides thereof.

BOARDING HOUSE: A dwelling or part thereof, other than a hotel, motel or restaurant, where one or more meals per day and lodging for periods of one week or longer are provided for compensation, for two (2) or more unrelated persons, where no cooking or dining facilities are provided in the individual rooms.

BOULEVARD: That part of the public right of way not covered by sidewalk or other paving, lying between the property line and the curb line of any street. (In the absence of a curb, the curb line of a street shall be deemed to be the edge of that portion of the public right of way maintained and open to the use of the public for purposes of vehicular travel.)

BUFFER: Land area used to visibly separate one use from another through screening and distance; to shield or block noise, light, glare, or visual or other conditions; to minimize physical passage to nonsimilar areas; or to reduce air pollution, dust, dirt, and litter.

BUILDABLE AREA: That portion of a lot upon which a building may be lawfully constructed.

BUILDING: A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels.

BUILDING FOOTPRINT: The area within the perimeter of a building measured at the exterior foundation including any patios with a roof and covered or uncovered decks and stairs.

BUILDING HEIGHT: The vertical distance from the undisturbed ground level at the perimeter of the building to a plane that is parallel with that undisturbed ground to the highest point of the roof or parapet wall as viewed from an architectural section/elevation 1 . Articulated rooflines shall be encouraged.

BUILDING HEIGHT; BIG MOUNTAIN VILLAGE AND RESORT RESIDENTIAL: The vertical distance from the proposed finish grade measured at the front and back of the building to the eave line (see figure 1).

FIGURE 1

BUILDING, MULTI-TENANT: A building in which two (2) or more separate businesses are conducted within a single building, with each business having a separate definable space, as in a mall or mini-mall where, for example, each space has partition walls, separate utilities, and a separate entrance to a common hall or the exterior.

BUSINESS INCUBATORS: Facilities that are dedicated to startup and early stage companies. Business incubators integrate into the community in a number of ways and assist startup companies with such things as:

   A.   Access to angel investors or venture capital.

   B.   Access to bank loans, loan funds and guarantee programs.

   C.   Advisory boards and mentors.

   D.   Business basics.

   E.   Comprehensive business training programs.

   F.   Help with accounting/financial management.

   G.   Help with business etiquette.

   H.   Help with presentation skills.

   I.   Help with regulatory compliance.

   J.   High speed internet access.

   K.   Intellectual property management.

   L.   Links to higher education resources.

   M.   Links to strategic partners.

   N.   Management team identification.

   O.   Marketing.

   P.   Networking activities.

   Q.   Technology commercialization assistance.

CAMPGROUND: Any area or tract of land used or designed to accommodate two (2) or more camping parties, including cabins, tents, camping trailers, recreation vehicles or other camping outfits.

CANOPY: A roofed shelter covering a sidewalk, driveway or other similar area. The shelter may be wholly supported by a building, or may be wholly or partially supported by columns, poles or braces.

CANOPY TREE: A tree that, under normal forest conditions, will compose the top layer or canopy of vegetation and generally will reach a mature height of greater than forty feet (40').

CANTILEVER: A noun that describes living space in a structure that protrudes from a wall and is not supported by a foundation, pilings, or other load bearing device connected to the ground.

CARPORT: An open building, the principal use of which is the storage of motor vehicles, which has at least fifty percent (50%) of the total area of its sides open to the weather.

CASINO: Any establishment licensed by the Montana department of justice for one or more video gambling machines or gambling devices, or is licensed for and conducts the following types of gambling: Calcutta pools, live card games, live card tournaments and live keno.

CHILDCARE CENTER: See definition of Daycare.

CHURCH: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

CITY: The city of Whitefish, Flathead County, state of Montana.

CLEAR VISION TRIANGLE: The triangular area at the intersection of two (2) roads or a road and railroad tracks created by extending the curb lines (where there are no curb lines the edge of the travel surface is used) back from the point of intersection a distance of forty feet (40'), then drawing a line across both ends to close the triangle 1 .

CLEARING: The removal of vegetation from a property, whether by cutting or other means.

CLUB: An incorporated or unincorporated association of persons organized for social, fraternal, religious, athletic, educational, literary or charitable purposes whose activities are confined to the members and their guests and are not extended to the general public.

CLUBHOUSE: The building and/or land occupied by a club.

COFFEE SHOPS/SANDWICH SHOPS: Facilities serving nonalcoholic beverages, pastries, and/or breakfast and lunch.

COMMERCIAL USE: A use operated for profit or compensation.

COMMERCIAL VEHICLE: A motor vehicle used for purposes other than a family car, such as a taxi, delivery or service vehicle.

COMMON AREA: Land held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner.

COMMUNITY RESIDENTIAL FACILITY: One of the following facilities that may or may not be licensed by a governmental agency and providing care on a twenty four (24) hour a day basis and as defined by state law:

   A.   A community group home for developmentally, mentally, or severely disabled persons or the elderly that does not provide skilled or intermediate nursing care.

   B.   A youth care facility in which substitute care is provided to youth, including youth foster homes, kinship foster homes, youth group homes, youth shelter care facilities, and transitional living programs, but excluding youth assessment centers.

   C.   An adult foster family care home.

   D.   A halfway house operated in accordance with regulations of the Montana department of public health and human services for the rehabilitation of alcoholics or drug dependent persons and/or supervised living centers for probationers.

   E.   A personal care facility.

   F.   A maternity home, including administrative offices, services for childcare, counseling, classroom training, independent living training, and support groups.

COMMUNITY RESIDENTIAL FACILITY, TYPE I: A community residential facility serving eight (8) or fewer individuals, exclusive of caretakers and administration.

COMMUNITY RESIDENTIAL FACILITY, TYPE II: A community residential facility serving nine (9) or more individuals, exclusive of caretakers and administration.

COMPREHENSIVE PLAN: See definition of Growth Policy.

CONDITIONAL USE: Those uses requiring the granting of a conditional use permit. Because of characteristics peculiar to the uses, or because of the size, technological processes or equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, these uses require a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same area.

CONDITIONAL USE PERMIT: An authorization to conduct a use or activity when authorization is required by these regulations and when established according to the procedures outlined in section 11-7-8 of this title.

CONDITIONAL ZONING: The attachment to a rezoning of more restrictive special conditions in a zoning district than are found in the text of the zoning ordinance, offered by the landowner in a binding agreement such as a covenant or a deed restriction, and enforceable by the city. Conditions approved may limit residential density, prohibit structures or uses of land otherwise permitted in a use district, require compliance with design or development standards, impose time limits on current or future development actions, or have other limitations.

CONDOMINIUM: Ownership in common with others of a parcel of land and certain parts of a building, together with individual ownership in fee of a particular unit or apartment in the building.

CONDOMINIUM, RESORT: A condominium whose main use is for the same purpose as that normally associated with a resort.

CONVALESCENT HOME: See definition of Nursing Home.

CONVENIENCE STORE: A retail establishment of up to five thousand (5,000) square feet selling primarily food products, household items, newspapers and magazines, candy, and beverages, and a limited amount of freshly prepared foods such as sandwiches and salads for off premises consumption.

COURT: An open, unoccupied space other than a yard, on the same lot with a building or buildings, which is bounded on two (2) or more sides by the building or buildings including the open space in a house, court or apartment, providing access to the units thereof.

DAYCARE: A use which provides daily care and supervision of five (5) or more children or handicapped, disabled or elderly adults not related by blood or marriage and not the legal ward of the attendant adult. Homes (5 to 15 individuals) must be registered with the appropriate state agency. Centers (16 or more individuals) must be licensed by the appropriate state agency.

DEVELOPER: An owner, or any person with authorization from the owner, who intends to improve or to construct improvements upon his property.

DEVELOPMENT: A land use consisting of the construction or exterior alteration of structures; grading, dredging, drilling, or dumping; filling; removal of sand, gravel, or minerals; bulkheading; driving of pilings; or any project of a temporary or permanent nature which modifies structures (except interior remodels and minor additions), land, or shorelines and which does not fall within the allowable exemptions contained in this code.

DIRECTOR OF PARKS AND RECREATION: The designated official for the city of Whitefish assigned to carry out the enforcement of this title.

DISPLAY LOT OR AREA: Outdoor areas where active nighttime sales activity occurs. To qualify as a display lot, one of the following specific uses must occur: automobile sales, boat sales, tractor sales, building supply sales, gardening or nursery sales, assembly lots, swap meets. Uses not on this list must be approved as display lot uses by the planning director.

DOMESTIC WORKER: A person who works within the employer's household and performs a variety of household services for an individual or a family, including, but not limited to, housekeeping, care of children, cooking, building maintenance, and landscaping maintenance.

DRIP LINE: A line on the ground established by a vertical plane extending from a tree's outermost branch tips down to the ground, i.e., the line enclosing the area directly beneath the tree's crown from which rainfall would drip.

DRIVE-IN RESTAURANT: A use whose retail character is dependent on a driveway approach and parking space on the premises for motor vehicles so as to either serve customers while in the vehicle or permit in a vehicle, consumption of food or beverages obtained on the premises.

DRIVEWAY: A private, vehicular access connecting a house, carport, parking area, garage or other building with the street.

DUPLEX: A single structure constructed with two (2) dwelling units under a single roof on a single lot for occupancy by two (2) families, either side-by-side with a common party wall and roof or on separate floors. Also referred to as a two-family dwelling. Attaching two non-attached single-family homes together with a breezeway or roof extension of any length does not constitute a duplex.

DUST FREE: The property is maintained dust free by paving with one of the following methods: a) asphaltic concrete; b) cement concrete; or c) suitable compacted crushed rock or gravel.

DUST FREE CONDITION: The regular sweeping, vacuuming or washing of paved areas, or the grading, compaction and/or the application of road oil or other dust retardants to a gravel surface to eliminate nuisances to the surrounding area.

DWELLING GROUP OR CLUSTER: A pattern of residential development wherein detached single-family through four-plex units are grouped together or on a single lot around access courts with the remainder of the yard left in its natural condition or as common open space.

DWELLING, MULTI-FAMILY: A building or buildings attached to each other and containing five (5) or more dwelling units. The term "multi-family dwelling" is intended to apply to attached units with a common separation like a ceiling or wall and where individual dwellings typically have their primary access to a common hallway or corridor.

DWELLING, SINGLE-FAMILY: A building containing only one dwelling unit entirely separated by open space from buildings on adjoining lots or building sites. Single-family dwellings also include tiny homes and manufactured homes with or without a chassis, with tow hitches, wheels, and axles removed, affixed to a permanent foundation.

DWELLING, TINY HOME: A small dwelling unit with or without a chassis as defined by and built to the standards of Appendix Q of the International Residential Code.

DWELLING UNIT: One or more rooms within a building arranged, designed or used for residential purposes for one family and containing independent sanitary and cooking facilities. The presence of cooking facilities conclusively establishes the intent to use for residential purposes.

EIGHTY FIVE DEGREE (85°) CUTOFF TYPE OF LUMINAIRES: Luminaires that do not allow light to escape above an eighty five degree (85°) angle measured from a vertical line from the center of the lamp extended to the ground (see section 11-3-25, figure 2 of this title).

ELECTRICAL DISTRIBUTION SUBSTATION: A public utility facility involving an assembly of equipment designed to receive energy from a high voltage distribution supply system to convert it to a form suitable for local distribution and to distribute the energy to feeders through switching equipment designed to protect the service from the effects of faults.

ENTERTAINMENT: Uses catering to visitors and residents that provide recreational activities, including indoor theaters, bowling alleys, enclosed skating or golf facilities, and other similar indoor facilities.

EXTERIOR LIGHTING: Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to light something outside are considered exterior lighting for the purpose of this definition.

EXTRACTIVE INDUSTRIES: Commercial or industrial operations involving the removal and processing of natural accumulations of sand, rock, soil, gravel or any mineral.

FACADE: The entire building front including the parapet which faces and is parallel to or nearly parallel to a public or private street. There can only be one building facade for each street upon which a building faces.

FAMILY:

   A.   An individual, or two (2) or more persons related by blood, marriage or adoption, and usual domestic workers, living together as a single housekeeping unit in a dwelling unit; or

   B.   A group of not more than four (4) persons, who need not be related, living together as a single housekeeping unit in a dwelling unit.

FLOODPLAIN, 100-YEAR: Those lands subject to flooding which have at least a one percent (1%) probability of flooding occurrence in any calendar year; and specifically, the floodplain as shown on the flood boundary and floodway map as prepared by the federal emergency management agency (FEMA).

FLOOR AREA: The sum of the gross horizontal areas of the floors of a building or buildings measured from the exterior faces of exterior walls and from the centerline of division walls. Floor area shall include: basement space where the ceiling is at least four and one-half feet (41/2') above the ground elevation of adjacent portion of the lot, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven and one-half feet (71/2') or more, penthouse floors, interior balconies and mezzanines and enclosed porches. Floor area shall not include: accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven and one-half feet (71/2'), exterior steps or stairs, terraces, breezeways and open spaces.

FLOOR AREA RATIO: The floor area ratio of a building shall be the ratio of the gross floor area of the building, excluding those parts of the building specifically excluded, to the net land area of the site or lot. This ratio may be expressed either as a percent or as a decimal.

FOOD VENDOR: A self-contained unit or food cart with an area not exceeding one hundred (100) square feet, subject to the provisions of section 11-3-23 of this title.

FOOT-CANDLE (fc): The American unit used to measure the total amount of light cast on a surface (illuminance). One foot-candle is equivalent to the illuminance produced by a source of one candle at a distance of one foot (1'). For example, the full moon produces 0.01 s. The s is measured with a light meter. One foot-candle is approximately equal to ten (10) lux, the British unit used to measure illuminance.

FORMULA RETAIL: A type of retail sales activity or retail sales establishment, including restaurant, which, along with twelve (12) or more other retail sales establishments, maintains two (2) or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, uniform apparel, standardized signage, a trademark or service mark.

Color Scheme: Selection of colors used throughout, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the facade.

Decor: The style of interior finishings, which may include, but is not limited to, style of furniture, wall coverings or permanent fixtures.

Facade: The face or front of a building, including awnings, looking onto a street or an open space.

Service Mark: A word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.

Signage: Shall be defined pursuant to this section.

Standardized: Does not mean identical, but means "substantially the same".

Standardized Array Of Merchandise: Fifty percent (50%) or more of in stock merchandise from a single distributor bearing uniform markings.

Trademark: A word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.

Uniform Apparel: Standardized items of clothing including, but not limited to, standardized aprons, pants, shirts, smocks or dresses, hats, and pins (other than nametags) as well as standardized colors of clothing.

FOSTER HOME: A type I or type II community residential facility (see definitions of community residential facility; community residential facility, type I; and community residential facility, type II) wherein the operator is not legally related to the individuals supervised and is licensed by the State, and wherein individuals reside and are provided with room, board, ordinary care and supervision; except that more than eight (8) individuals may reside in a home where the individuals are all related to one another as brothers and/or sisters and still retain type I community residential facility status. The term "foster home" shall include, without limitation by reason of enumeration, receiving homes and free homes.

FRATERNITY/SORORITY: A building occupied by and maintained exclusively for students affiliated with an academic or professional college or university, or other recognized institution of higher learning and regulated by the institution.

FULL CUTOFF LUMINAIRES: A luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire (see subsection 11-3-25H, figure 1 of this title).

GLARE: Stray, unshielded light striking the eye that may result in: a) nuisance or annoyance glare such as light shining into a window; b) discomfort glare such as bright light causing squinting of the eyes; c) disabling glare such as bright light reducing the ability of the eyes to see into shadows; or d) reduction of visual performance.

GRADE, FINISH: The average elevation of the finished surface of the ground measured one foot (1') out from the base of the exterior foundation of a building, or the average elevation of the finished surface of the ground at the base of a structure measured one foot (1') out, exclusive of any artificial embankment at the base of such building or structure.

GRADE, NATURAL: The elevation of the undisturbed natural surface of the ground prior to any excavation or fill or erection of structures.

GRADING: The placement, removal, or movement of earth by use of mechanical equipment on a property.

GREENBELT: An area of parkways, parks, or farm or timber lands designed to prevent undesirable encroachments or a strip of land, variable in width, for the planting, growing and maintaining of a sight obscuring screen of healthy native trees or cultivated landscaping to attain an ultimate height of not less than eight feet (8').

GROSS AREA: The area of a lot or parcel including all dedicated streets, alleys, private accessways, roadway and/or alley easements. When the gross area is applied to a proposed development, it shall mean the entirety of the area within the boundaries of the proposed development properties. The boundaries of an area already developed shall extend to the center of existing abutting street or alley rights-of-way.

GROUND ELEVATION: The finished grade of a sidewalk adjacent to any front yard property line or the adjacent street right-of-way line if no sidewalk exists. On side and rear property lines, the ground elevation shall be the natural grade of the side or rear property line.

GROUND FLOOR: The floor of a building at or nearest adjacent grade level generally at the front or primary street entrance.

GROUP HOME: A type I or type II community residential facility (see definitions of community residential facility; community residential facility, type I; and community residential facility, type II) providing living facilities, sleeping rooms and meals, and which shall have a permit issued by the appropriate governmental agency 3 .

GROVE: A dense natural concentration of trees such that at a minimum there would be three (3) or more trees, measuring at least three inches (3") in diameter measured at a point four feet (4') above the adjacent ground, within a twenty five foot (25') circle.

GROWTH POLICY: The Whitefish City-County Growth Policy and any amendments which may be made thereto and adopted by the City Council as a guide to the development and growth of the community pursuant to Montana Code Annotated sections 76-1-601 through 76-1-607.

GUESTHOUSE: A detached structure, being accessory to a single- family detached dwelling, designed and intended for use primarily by guests and/or domestic workers for sleeping quarters. A guesthouse may contain cooking facilities.

HEDGE: See definition of solid planting.

HIGHWAY RETAIL: Characterized by those retail commercial uses requiring high traffic flows and ease of access, usually those uses drawing the mobile customer rather than the pedestrian.

HIGHWAY SERVICE: Those uses characterized by the necessity of use of automobile access and high traffic counts, such as service stations, motels, restaurants, recreational vehicle parks and other uses catering especially to the traveling public.

HILLSIDE DEVELOPMENT AREA: Any lot or parcel or any portion thereof that has a slope of ten percent (10%) or greater.

HOLIDAY LIGHTING: Strings of individual lamps, where the lamps are at least three inches (3") apart and the output per lamp is not greater than fifteen (15) lumens.

HOME OCCUPATION: A home occupation is any occupation, profession, activity or use which is clearly a customary, incidental and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.

HOMEOWNERS' PARK: A park which has been dedicated as part of a subdivision for the exclusive use by the property owners within that subdivision, and is maintained through private funds provided from annual fees paid to the homeowners' association. In subdivisions where a homeowners' park provides common lake access, the common lake access shall be a minimum of one-half (1/2) acre in size and contain a minimum of one hundred feet (100') of lakefront, except that an additional ten feet (10') of lakefront shall be added for each dwelling unit in excess of five (5).

HOSPITAL: An institution providing health services, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution, related facilities such as laboratories, outpatient departments, training facilities, central service facilities and staff offices.

HOSPITAL, ANIMAL: See definition of veterinary hospital.

HOSPITALITY: Uses catering to the traveling public or the commercial, recreational and leisure needs of visitor and resident alike including hotels, motels and various types of lodging accommodations but not including residential short-term rentals.

HOSTEL: A dwelling or part thereof, providing for two (2) or more unrelated persons, individual sleeping spaces, common gathering areas, common restrooms and common self-service cooking areas, for overnight rental in a supervised setting. Additional living quarters are provided for the resident manager(s). The capacity of the dwelling shall not exceed sleeping spaces for twenty (20) individuals in WR-2, WR-3 and WR-4 Zoning Districts.

HOTEL: A building or buildings under single management advertised as a hotel and containing five (5) or more individual sleeping rooms or suites, each having a private bathroom attached thereto, for the purpose of providing overnight lodging facilities to the general public for compensation with or without meals, and typically providing on site recreation services, a staffed front desk for reservations, housekeeping, bellhop, laundry, shuttles, and related services. Where appropriately zoned, restaurant, bar, personal and retail services and entertainment may also be available. Residential dwelling units used as short-term rentals do not qualify as a hotel even if there are five (5) or more under one ownership in a single commercial building unless consistent with this definition of hotel.

HOUSING MITIGATION PLAN: An approved plan for providing permanently affordable housing and/or complying with the Legacy Homes Program proposed by a developer that indicates the quantity, size, design, location and phasing of units, or outlines alternative methods such as providing land or cash-in- lieu.

IESNA: Illuminating Engineering Society of North America (IES or IESNA). The professional society of lighting engineers.

IESNA RECOMMENDED PRACTICES: The current publications of the IESNA setting forth illuminance levels.

ILLUMINANCE: The amount of light falling on any point of a surface measured in foot-candles or lux.

INDUSTRIAL, HEAVY: Industrial uses and services that include the processing of raw materials (timber, wood chips, minerals, gravel, etc.) and use yards or out buildings for the storage and manipulation of the raw materials. Uses include, but are not limited to, mills, refineries, crushing facilities, stamping facilities, etc. These uses are often but not always associated with byproducts.

INDUSTRIAL, LIGHT: Industrial uses and services that typically do not create any objectionable byproducts (such as dirt, glare, heat, odor, smoke, waste material, etc.) which extend beyond the lot lines. The work occurs primarily indoors to control the byproducts. Examples include, but are not limited to, printing shops, binderies, sheet metal fabrication, electronic manufacture, etc.

JUNKYARD: The use of a lot or portion thereof for the storage, keeping or abandonment of junk, dismantled automobiles or other vehicles, or machinery or parts thereof, including scrap metals, rags or other scrap materials. A junkyard includes an automobile wrecking yard where one or more motor vehicles, or parts thereof, unlicensed and not in running condition, are stored, but does not include uses established entirely within enclosed buildings.

KENNEL: Any lot or premises on which four (4) or more dogs, cats or similar small animals, or combination thereof, which are in excess of four (4) months of age, are maintained, exclusive of licensed veterinary medical facilities, or on which more than two (2) litters per year are produced.

LAKE: As defined in section 13-1-5 of this Code.

LAMP: The generic term for an artificial light source, to be distinguished from the whole assembly (see definition of luminaire). Commonly referred to as "bulb".

LANDSCAPED AREA: A plot of land which has been decoratively or functionally altered by contouring and planting shrubs, trees and/or vines, and with a living or nonliving ground cover.

LANDSCAPED BUFFER: A landscaped area that is at least fifty percent (50%) sight obscuring and serves to physically and/or visually separate land uses having incompatible facilities, activities or differing intensities of use.

LANDSCAPED DEVELOPED AREA: The area encumbered by building footprints, parking lots, driveways and retail sales areas (both interior and exterior).

LANDSCAPING: Vegetation covering at least seventy five percent (75%) of the ground area with a combination of planted material such as: living trees, shrubs, hedges, vines, ground cover and flowers suitable for the climate, exposure and site condition. In addition, the combination or design may include earth sculpture, cobble, bark, mulch, edgers, flower tubs, rock and structural features such as foundations, pools, artwork, screens, walls, fences or benches, but such objects alone shall not meet the requirements of this provision. The selected combination of objects and plants for landscaping purposes shall be arranged in a harmonious manner compatible with the building and its surroundings.

LAUNDRY, SELF-OPERATED: A building in which domestic type washing machines and/or dryers are provided on a rental basis for use by individuals doing their own laundry.

LIGHT: The form of radiant energy acting on the retina of the eye to make sight possible.

LIGHT ASSEMBLY: The fitting together of already manufactured parts into a complete or semicomplete unit. This would not limit the casting or forming of some components on site where the processes would typically not generate noise, vibration, smoke or odor detectable at the property line for freestanding buildings, or beyond the walls of the particular business for attached buildings. Typically all manufactured and premanufactured parts and the final product would be limited in size, bulk and weight so that it could be handled by one worker without the aid of machines. Furthermore, all activity usually occurs indoors.

LIGHT MANUFACTURING: The manufacturing, fabricating or casting of individual components of a larger unit or a complete unit. All processing must occur indoors and would not typically generate noise, vibration, smoke, dust or odor detectable at the property boundary line for freestanding buildings, or beyond the exterior walls of the particular business for attached buildings. Furthermore, all new materials and final components should be limited in size, bulk and weight so that it could be handled by one worker without the aid of machines.

LIGHT TRESPASS: Light falling on the property of another or the public right-of-way when it is not required to do so.

LIGHTING: Any or all parts of a luminaire that function to produce light.

LIVE/WORK UNIT: A structure or portion of a structure that combines a permitted or conditional use allowed in the zone with a residential living space for the owner of the permitted or conditional use or the owner's employee, and that person's household; and where the resident owner or employee of the business is responsible for the licensed commercial or manufacturing activity performed.

LIVESTOCK: Horses, bovine animals, sheep, goats, swine, donkeys, mules, chickens and fowl (excepting the keeping of 5 or less female chickens as pets), and all wild animals.

LOCAL EMPLOYEES: Persons employed in the Whitefish 59937 zip code area.

LONG TERM AFFORDABILITY: Affordable for a specified period as determined by the City of Whitefish. Housing meeting this definition is subject to a written agreement between the developer, the Whitefish housing authority, and the City to maintain affordability through resale restriction or recapture programs. Such agreement shall be recorded with the Clerk and Recorder.

LOT: A legally recorded and defined parcel of land, or two (2) or more contiguous parcels to be used as a unit under the provisions of these regulations.

LOT AREA: The total horizontal area within the confines of the boundary lines of a lot. Where street easements are located within or bordering a parcel, lot area computation shall not include that area contained within the easement.

LOT, CORNER: A lot abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty five degrees (135°).

LOT COVERAGE: The total structural coverage provided on a lot or site inclusive of all roofed areas or structures capable of supporting a roof divided by the net area of the lot or site. The first three feet (3') of roof overhang or projection shall not be included in the lot coverage.

LOT, INTERIOR: A lot having but one side abutting a street.

LOT, IRREGULAR (FLAG LOT): An irregularly shaped lot typified by being almost entirely landlocked and having limited access and/or no direct frontage. Access to a public or private road is typically by an extended strip of land either deeded or by easement.

LOT, IRREGULAR (PIE LOT): An irregularly shaped lot which at the front lot line contains minimal frontage and a substandard lot width, but as depth increases side lot lines rapidly expand to a legal width.

LOT, KEY: Any lot, one side line of which is contiguous to the rear line of a corner lot.

LOT LENGTH: The length (or depth) of a lot shall be:

   A.   If the front and rear lines are parallel, the shortest distance between the lines.

   B.   If the front and rear lines are not parallel, the shortest distance between the midpoint of the front lot line and the midpoint of the rear lot line.

   C.   If the lot is triangular, the shortest distance between the front lot line and a line parallel to the front lot line, not less than ten feet (10') long, lying along the rear of the lot but still wholly within the lot.

LOT LINE:

   A.   Lot Front: The front property line of a lot shall be determined as follows:

      1.   Corner Lot: The front property line of a corner lot shall be the shorter of the two (2) lines adjacent to the streets as platted, subdivided or laid out. Where the lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing custom of the other buildings on the block. If the front is not evident, then either may be considered the front of the lot, but not both.

      2.   Interior Lot: The front property line of an interior lot shall be the line bounding the street frontage.

      3.   Through Lot: The front property line of a through lot shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block. Where the front property line is not obviously evident, the zoning administrator shall determine the front property line. A lot over two hundred feet (200') deep shall be considered, for the purpose of this definition, as two (2) lots, each with its own frontage.

   B.   Lot Rear: The rear property line of a lot is that lot line opposite to the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to the front property line. In the event the front property line is a curved line the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to a line tangent to the front property line at its midpoint.

   C.   Lot Side: The side property lines of a lot are those lot lines connecting the front and rear property lines of a lot.

LOT WIDTH: The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

LUMEN: The unit used to quantify the amount of light energy produced by a lamp at the lamp. Lumen output of most lamps is listed on the packaging. For example, a sixty (60) watt incandescent lamp produces nine hundred fifty (950) lumens while a fifty five (55) watt low pressure sodium lamp produces eight thousand (8,000) lumens.

LUMINAIRE: A complete lighting unit, consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power. When used, includes ballasts and photocells. Commonly referred to as "fixture".

LUMINOUS TUBE: A glass tube filled with a gas or gas mixture (including neon, argon, mercury or other gases), usually of small diameter (10 to 15 millimeters), caused to emit light by the passage of an electric current, and commonly bent into various forms for use as decoration or signs. A "neon" tube. Does not include common fluorescent tubes.

LUX: One lumen per square meter. Unit of illuminance. It is the luminous flux per unit area in the metric system. One lux equals approximately 0.93 foot-candle.

MAINTENANCE: The replacing or repair of a part or parts of a building, which have been made unusable by ordinary wear or tear or by the weather.

MALL: A pedestrianway or passage within or between closed buildings. Only areas within at least fifty feet (50') of an open end mall shall be considered as being within the mall.

MANUFACTURED HOME: A dwelling manufactured under the Department of Housing and Urban Development's (HUD) National Manufactured Home Construction and Safety Standards Act, built offsite and delivered to a site. A manufactured home does not include recreational vehicles.

MANUFACTURED HOME DEVELOPMENT: Any lot, tract or parcel of land used or offered for use in whole or in part, with or without charge, for the parking of occupied manufactured homes.

MANUFACTURED HOME PARK: An area designed for and occupied by two (2) or more manufactured homes, tiny homes, or recreational vehicles, for lease or rent to the general public, and which may be utilized for living purposes either permanent or seasonal.

MANUFACTURED HOME STAND (PAD): That part of an individual lot which has been reserved for the placement of a manufactured home.

MANUFACTURED HOME SUBDIVISION: A subdivision designed and intended for residential use of manufactured homes or tiny homes, where the lot is sold or rented to the occupant, and where the manufactured or tiny home is placed upon a permanent foundation and connected to utilities.

MANUFACTURING, ARTISAN: Production of goods by the use of hand tools or small scale, light mechanical equipment occurring solely within an enclosed building where such production requires screened outdoor operations or storage, and where the production, operations, and storage of materials related to production occupy no more than three thousand five hundred (3,500) square feet of gross floor area. Typical uses have negligible negative impact on surrounding properties and include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts, or food processing. Does not include microbreweries or microdistilleries or other alcohol related businesses.

MARIJUANA: Marijuana means 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 CULTIVATION: Any activity involving the planting, growing, cloning, harvesting, drying, curing, grading, or trimming of marijuana, either inside a covered structure or outside.

MARIJUANA DISPENSARY: The use of any property or structure to sell, distribute, transmit, dispense, deliver or otherwise provide marijuana or marijuana products in any manner to a consumer in accordance with State Statutes and administrative regulations, visible to the public as a commercial or professional office storefront. This includes both medical and adult-use recreational marijuana.

MARIJUANA FACILITY: Any legal commercial premises licensed by the State that dispenses marijuana and marijuana products, manufactures marijuana products, tests marijuana or marijuana products, or cultivates marijuana.

MARIJUANA MANUFACTURING: The production, preparation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or a combination thereof, at a fixed location that packages or repackages cannabis products or labels or relabels its container.

MARIJUANA PRODUCTS: Marijuana that has undergone a process whereby the raw plant material has been transformed into a concentrate or consumable product, including, but not limited to, concentrated marijuana or an edible or topical product containing marijuana or concentrated marijuana and other ingredients.

MARIJUANA TESTING OR RESEARCH LABORATORY: A laboratory, facility, or entity in the City that offers or performs tests or research of marijuana or marijuana products and meets the licensing requirements found in State Law.

MARINA: Waterfront facilities for recreational boating and other water related activities. In addition to multiple boat slips rented or leased, there may be present limited sales of accessories and boating needs, such as gasoline, waste disposal facilities, etc.

MARKET PRICE: The same as fair market value, that is, the price a willing purchaser would pay a willing seller, assuming both parties are well informed and well advised, and neither is under a particular compulsion to buy or sell.

MARKET RATE UNIT: A dwelling unit in a development sold or rented for market price.

MARQUEE: A permanent rooflike structure or canopy of rigid materials supported by and extending from the facade of a building.

MASTER PLAN: See definition of growth policy.

MEAN ANNUAL HIGH WATER ELEVATION: As defined in section 13-1-5 of this Code.

MEDIAN INCOME, AREA (AMI): Fifty percent (50%) of the incomes are above and fifty percent (50%) are below this number. The figure varies from year to year and varies by family size. It is updated annually by the United States Department of Housing and Urban Development.

MEETING ROOM: A walled or partitioned portion of space within a structure used for assembly.

MICROBREWERY: A facility for the production and packaging of ten thousand (10,000) barrels a year or less of malt beverages of alcoholic content for on or off premises distribution, retail or wholesale in conformance with Montana State law. The facilities typically include a tasting room and may include accessory food preparation and sales, as well as sales of promotional merchandise such as growlers, T-shirts, and hats.

MICRODISTILLERY: A facility for the limited production of distilled spirits, making twenty five thousand (25,000) gallons per year or less, for on or off premises distribution, retail, or wholesale in conformance with Montana State law. The facilities typically include a tasting room and may include accessory food preparation and sales, as well as sales of promotional merchandise such as T-shirts and hats.

MILITARY SURPLUS STORE: A retail sales establishment that offers for sale new or used military surplus items and may also include sporting goods and outdoor recreation clothing and gear.

MINISTORAGE: Storage facilities intended primarily for local usage and not to exceed three hundred (300) square feet per unit.

MIXED USE DEVELOPMENT: A development consisting of residential and non-residential uses in which the nonresidential uses are less than 50% of the total square footage of the development and are limited to the first floor of buildings that are two or more stories.

MIXED USE ENVIRONMENT: Neighborhoods where different types of land uses such as residential, office, or institutional are in close proximity.

MOTEL: See definition of hotel.

MULTI-FAMILY RESIDENCE: See definition of dwelling, multi-family.

MULTIPLE BUSINESS/SHOPPING CENTER COMPLEX: Two (2) or more businesses which contain some or all of the following features, and which give the appearance that the property or properties are a single commercial complex:

   A.   Single ownership of the land and/or buildings.

   B.   Single management of the property.

   C.   Unified marketing or advertising plan.

   D.   Commonly shared parking lot in front of the complex.

   E.   Individual business located inside a common structure or common walls.

   F.   Limited frontage on a public street or right- of-way, and a private drive or court serving the majority of users.

   G.   Coordinated signage.

NEIGHBORHOOD: Less than Citywide in scale. Typically this would be an area of one-half (1/2) mile, but not more than one mile in radius which has a set of unifying characteristics such as housing style or quality, similar income strata, economic livelihood, topographic features, small lakes or water features, local recreational facilities or convenience shopping. Residents would normally be within walking distances of basic convenience services. Factors such as a railroad and highway rights-of-way, major streets, rivers, large lakes and severe topographic constraints will form boundaries and serve to separate neighborhoods.

NEIGHBORHOOD SERVICE: Those public or semipublic facilities and commercial establishments whose main purpose and use is for the residents of a neighborhood.

NET AREA: The area of a lot or parcel excluding all dedicated streets or alleys, and roadway or alley easements.

NONCONFORMING USE: A lawful use of a building, other structure or land, which predated the adoption of the zoning use regulations now in effect, and which would not be a use authorized in the district designation currently applied to that site.

NURSERY SCHOOL: See definition of daycare.

NURSING HOME: A healthcare institution other than a hospital or personal care home which is licensed by the State of Montana as a skilled nursing facility for two (2) or more unrelated persons.

OPEN SPACE: Undeveloped space performing a necessary or desirable function in relation to the adjoining residential use. Such a space may include, among other similar areas, rivers, lakes, public parks and grounds around public buildings.

OUTDOOR RECREATION, LOW IMPACT: An establishment used for the provision of recreational activities that specialize in the use of outdoor and natural resources. These uses are generally seasonal in nature and may include facilities such as dude ranches, cabin resorts, and rafting/hiking/hunting outfitters and guides. Such uses shall not include water slides, mazes, putt- putt courses, motorized racetracks, or other high traffic generating uses.

PARAPET: The extension of a false front or wall above a roofline.

PARKING LOT, COMMERCIAL: A lot upon which cars, boats or recreational vehicles are parked or stored subject to remuneration.

PARKING LOT, PRIVATE: A lot upon which cars, boats or recreational vehicles are parked without charge and in conformance with off street parking requirements.

PARKING SPACE: A space within or without a building, exclusive of driveways, meeting the minimal requirements of this title, and used to temporarily park a motor vehicle, and having access to a public street or alley.

PARKS AND RECREATION DEPARTMENT: The designated department for the city of Whitefish under whose jurisdiction public trees fall.

PASTURE: An area confined within a fence or other physical barrier which is used for grazing or roaming of livestock.

PERFORMING ART CENTER: A nonprofit or public facility that holds performing arts events in front of an audience that include, among others, dance, music, opera, theater, musical theater or the spoken word and are performed by actors, comedians, dancers, musicians or singers.

PERMANENT: Having attachment to the ground through the use of concrete footing and foundations in conformity with existing building codes.

PERMANENT FOUNDATION: A continuous perimeter foundation of masonry or pressure treated wood constructed in accordance with the building codes of the state of Montana.

PERMITTED USE: A use specifically permitted or analogous to those specifically permitted in chapter 2 of this title.

PERSON: Any person, firm, partnership, association, corporation, or company of any kind.

PERSONAL CARE FACILITY: A residential health facility licensed by the state of Montana which provides nonskilled personal care services including meals, bathing and mobility assistance on a twenty four (24) hour basis.

PERSONAL SERVICES: A use that provides a service to an individual customer designed to accommodate a specialized need, provide a convenience, or cater to a particular lifestyle. Such services shall be those types that require mechanical skill or manual dexterity, as differentiated from mental disciplines generally requiring licensing or certification such as those listed under professional services (see definition of Professional Services). Examples of personal services would include, but are not limited to: delivery and pick up, catering, event planning, recreational guiding and outfitting, personal training, tattoo, and personal spa and grooming services such as manicure, facial, hairstylists, and makeup consulting. Personal services should not involve retail sales except on an incidental basis such as the selling of hair products at a salon.

PLANNED UNIT DEVELOPMENT (PUD): A tract of land developed or proposed to be developed as an integrated unit. A PUD may be a planned residential development, a mix of residential uses and commercial uses, or it may consist of strictly commercial or industrial uses. This option is limited to the allowable density of the underlying use district and the predominant uses within the PUD must be that of the underlying zone 4 .

PLANNING OFFICE: The office designated by the city to provide planning services to the city.

PLANNING STAFF: The planning staff, employee(s) or official(s) designated by the city to serve as its official city planner(s).

PLAYING FIELDS: An area designed for active recreation, whether publicly or privately owned, including, but not limited to, baseball diamonds, soccer and football fields, golf courses, tennis courts, and swimming pools.

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.

PRIVATE USE: One which is restricted to the occupants of a lot or building, together with their guests, where compensation for the use is not received and where no business or commercial activity is associated with the use or building.

PROFESSIONAL OFFICES: A room or group of rooms used for the provision of professional services.

PROFESSIONAL SERVICES: Conduct of a service business which is commonly identified as a profession and which may be licensed by the state. Such services include engineers, architects, planners, surveyors, designers, lawyers, accountants, real estate brokers, insurance agents, dentists, physical therapists, massage therapists, chiropractors, or physicians. Additionally, accounting, journalism, research, editing, administration or analysis; the conduct of a business by salespersons, sales representatives or manufacturer's representatives, or the conduct of business by professionals is included. Professional services do not include veterinarians, showrooms, manufacturing, repair, testing, retail sales, the storage, sale or delivery of goods located on the premises, or other occupations requiring physical skill such as those found under personal services (see definition of Personal Services).

PROFESSIONAL USE: The rendering of services of a professional nature by:

   A.   Architects, engineers and surveyors.

   B.   Doctors of medicine, osteopathy, dentistry and optometry.

   C.   Attorneys.

   D.   Accountants.

   E.   Consultants and recognized practitioners.

   F.   Chiropractors, chiropodists and naturopaths.

   G.   Dispensing opticians.

PROHIBITED USE: A use which is not specifically or conditionally permitted, or which is not analogous to those specifically or conditionally permitted in chapter 2 of this title.

PROJECTION: Any element or embellishment attached to a structure for environmental protection or architectural enhancement which does not support any portion of the structure.

PROPERTY LINE: The outer edge of a street or highway right of way.

PROPERTY OWNER: The person owning such property as recorded at the clerk and recorder's office of Flathead County, state of Montana.

PUBLIC PLACES: Shall include all other grounds owned by the city of Whitefish.

PUBLIC TREES: All ornamental and native trees growing on any street or any public areas.

PUBLIC UTILITY: A public service corporation performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. The services shall include, but are not limited to, water supply, electric power, telephone, TV cable, natural gas and transportation for persons and freight.

RECREATION SPACE: Open space for both passive and active recreation. Passive recreation facilities include outdoor sitting areas in the form of sundecks, balconies or roof gardens, shaded areas along walkways or portions of walkways overlooking open areas. Active recreation areas include pedestrianways located and landscaped to provide for strolling activities, tennis courts, swimming and boating areas, shuffleboard courts, bridle paths, play lots, playgrounds and play fields.

RECREATIONAL AREA, COMMERCIAL: An area operated for profit and devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds and other similar uses whether the use of the area is limited to private membership or whether open to the public upon the payment of a fee or service charge.

RECREATIONAL AREA, PRIVATE: A structure built for the exclusive use of a homeowners' association within a defined neighborhood and not intended for use by the general public.

RECREATIONAL AREA, SEMIPRIVATE: In addition to the private recreational area uses and ownership practices described herein, nonprofit clubs and organizations which cater to a specific membership and whose usage is generally not open to the general public for a fee or otherwise are permitted.

RECREATIONAL GUIDES AND OUTFITTERS: Business offering state licensed guides or outfitters as well as equipment and supplies for sale and/or rent for specialized outdoor activities such as fishing or hunting. Retail sales of supplies and equipment related to the primary activity are allowed up to thirty percent (30%) of the gross floor area.

RECREATIONAL USES: Those uses normally associated with recreational activities.

RECREATIONAL VEHICLE: A vehicular type unit primarily designed as a temporary living quarters for recreation, camping or travel use, which either has its own motive power or it is mounted on or drawn by another vehicle.

RECREATIONAL VEHICLE PARK: Any lot, tract or parcel of land used or offered for use, in whole or in part, with or without charge, for the parking of occupied recreational vehicles, manufactured homes, tiny homes, tents or similar devices used for temporary living quarters for recreational camping or travel purposes.

RESEARCH FACILITIES: A laboratory facility that is primarily used for scientific research. This use can include the design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of the products.

RESIDENTIAL PURPOSES: The intent to use and/or the use of a room or typically unfurnished dwelling unit for the living, sleeping and housekeeping activities of persons on a long term basis of intended tenure, typically on a six (6) to twelve (12) month or longer lease, but also on a month to month basis with the intent to continue renting long term to the same individual or family for housing. Short term rentals are not considered residential purposes.

RESIDENTIAL, SHORT-TERM RENTAL: The rental of an entire furnished privately owned house, townhouse unit, condominium unit, apartment or other residence, or any space within a dwelling unit rented independently, for stays of less than thirty (30) days to transient guests or tourists. Advertising for available stays of thirty (30) days or less on sites that predominantly cater to travelers looking for short term rentals presumes the property is being used as a short term rental. Short term rentals as defined herein do not include the following: bed and breakfasts, hostels, and motel or hotel establishments unless individual rooms or units with a kitchen or kitchenette are condominiumized, and under different ownership than the hotel or motel. Short term rentals shall not provide food or beverages for sale on premises or with the rental of the dwelling. Renting a portion of the home for a short-term rental does not qualify as a home occupation.

RESIDENTIAL SUBDIVISION: A division of a lot, tract or parcel of land into two (2) or more lots, tracts or parcels for residential purposes.

RESORT: Any lot, tract or parcel of land whose main use is as a place of entertainment or recreation which people frequent.

RETAINING WALL: A wall designed to resist the lateral displacement of soil or other material 5 .

RETIREMENT HOME/CONGREGATE HOUSING: A place of residence for several families or individuals in apartment like quarters, rented, cooperative or condominium, which may feature services to retired persons such as limited nursing facilities, minimum maintenance, living accommodations and recreation programs and facilities.

RIDING ACADEMY: Any establishment where horses are kept for riding, driving or stabling for compensation, or as an accessory use in the operation of a club, association, ranch or similar establishment.

ROOMING HOUSE: See definition of boarding house.

SANATORIUM: An institution for the treatment and care of the chronically ill, or for patients requiring long term therapy, rest and recuperation.

SCREENING: A method of shielding or obscuring one abutting or nearby structure or use from another by opaque fencing, walls, berms, densely planted vegetation, or the like. A device or materials used to conceal one element of a development from other elements, or from adjacent or contiguous development. Screening may include one or a combination of the following materials of sufficient mass to be opaque or which shall become opaque after twelve (12) months and which shall be maintained in an opaque condition: walls, berms or plantings, or a combination of fences, berms or plantings.

SEMIPRIVATE FACILITY: Any facility which a class or a group of the public is permitted to attend or use, subject to the regulations of a club or other organization owning or regulating the facility.

SEXUALLY ORIENTED BUSINESS: Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center. Related definitions are as follows:

   Adult Arcade: Any place to which the public is permitted or invited wherein coin operated or slug operated or electronic, electrically or mechanically controlled still or motion picture machines, projectors 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 Or Adult Video Store: A commercial establishment which, as one of its principal business purposes, offers for sale or rental, for any form of consideration, any one or more of the following:

   A.   Publications: Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

   B.   Instruments Or Devices: Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities". A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store. Other business purposes will not serve to exempt a commercial establishment from being categorized as an adult bookstore or adult video store as long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas".

   Adult Cabaret: A nightclub, bar, restaurant or similar commercial establishment which regularly features:

   A.   Persons who appear in a state of nudity; or

   B.   Line performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

   C.   Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual    activities" or "specified anatomical areas".

   Adult Motel: A hotel, motel or similar commercial establishment which:

   A.   Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified anatomical areas" and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or

   B.   Offers a sleeping room for rent for a period of less than ten (10) hours; or

   C.   Allows a tenant or occupant of a sleeping room to sublet the room for a period of less than ten (10) hours.

   Adult Motion Picture Theater: A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

   Adult Theater: A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities".

   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 (i.e., remove clothing or other articles of attire) 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: Any of the following:

   A.   The opening or commencement of any sexually oriented business as a new business;

   B.   The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

   C.   The additions of any sexually oriented business to any other existing sexually oriented business; or

   D.   The relocation of any sexually oriented business.

   Nude Model Studio: Any place where a person, who 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 another person or persons who pay money or any form of consideration. This definition shall not extend to public or private art classes or professional art studios.

   Nudity Or State Of Nudity: The appearance of a human bare buttock, anus, male genitals, female genitals or female breast.

   Seminude: A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

   Sexual Encounter Center: A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

   A.   Physical contact in any form of wrestling or tumbling between persons of the opposite sex; or

   B.   Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.

   Specified Anatomical Areas: The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.

   Specified Sexual Activities: Includes any one of the following:

   A.   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

   B.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

   C.   Masturbation, actual or simulated; or

   D.   Excretory functions as part of or in connection with any of the activities set forth in subsections A through C of this definition.

SHIELDED, FULLY: The luminaire incorporates a solid barrier (the shield), which permits no light to escape through the barrier (see figure 4 in subsection 11-3-25H of this title).

SHIELDED, PARTIALLY: The luminaire incorporates a translucent barrier, the "partial shield" around the lamp that allows some light to pass through the barrier while concealing the lamp from the viewer (see figure 3 in subsection 11-3-25H of this title).

SHRUB: A woody plant of relatively low height, as distinguished from a tree by having several stems rather than a single trunk.

SIGN: Any device, structure, fixture or placard using graphics, symbols, pictures, emblems, lighting schemes and/or written copy, or any other medium for visual communication, including its supporting structure and source of light, which is intended to be used to attract attention to a location or subject matter, for advertising, instruction or information purposes, and is viewable from a public right of way. This definition includes any light, lighted panel or lighting scheme that attracts attention to a location or subject matter, whether or not it contains any text, unless such lighting is intended solely for, and reasonably necessary for, security or safety lighting.

SIGN, A-FRAME OR SANDWICH: A freestanding or portable sign which supports itself because of its A-frame configuration.

SIGN, ABANDONED: A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity and/or for which no legal owner can be found.

SIGN, ALLOWABLE SIGNAGE: The total permitted sign area of a site.

SIGN, ANIMATED: Any sign which uses movement or change of lighting to depict action or to create a special effect or scene.

SIGN, AREA CALCULATION 1 : Sign area for the purpose of measuring total square footage shall be measured as a total of all sign faces including multifaced signs.

Sculptural Signs: Spherical, free-form, sculptural or other nonplanar sign areas are seventy five percent (75%) of the sum of the areas using only the four (4) vertical sides of the smallest four-sided polyhedron that will encompass the sign structure. Signs with greater than four (4) faces are prohibited.

SIGN, BANNER: Any cloth, bunting, plastic, vinyl, paper, or similar non-rigid material attached to any structure, rope, wire, or framing which is anchored on two (2) or more edges or at all four (4) corners. Banners are temporary in nature and do not include flags. Feather style banners on a single post are not permitted.

SIGN, BILLBOARD: See definition of off-premises sign.

SIGN, BUILDING FRONTAGE: The linear length of a building parallel to or closely facing a developed right-of-way of at least fifty feet (50') in width.

SIGN, CABINET OR MODULE: A single element or component of a sign comprising an identifiable unit of advertising which does not require other units to present a meaningful message.

SIGN, CHANGEABLE COPY (AUTOMATIC): A sign on which the copy changes automatically on a bank of lights or through mechanical means, e.g., electrical or electronic time and temperature units.

SIGN, CHANGEABLE COPY (MANUAL): A sign on which copy (individual letters, panels or figures) are changed manually in the field, e.g., reader boards with changeable letters, or replacement panels in an existing sign frame.

SIGN, CLEARANCE OF: The smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments extending over that grade.

SIGN, COMMERCIAL: Any sign or banner that contains text and/or graphics designed proposing or promoting a commercial transaction or directing attention to a business, commodity, or service.

SIGN, EVENT PROMOTION: A temporary sign panel located at a facility hosting concerts, plays or other special events designed to be affixed to wood, foam core or other rigid backing material or stretched within a structural frame as approved by the Planning Department with an overall sign plan.

SIGN, FACE OF: The area of a sign on which the copy is placed.

SIGN, FESTOONS: A string of ribbons, tinsel, small flags or pinwheels.

SIGN, FREESTANDING: A sign supported upon the ground by poles or braces and not attached to any building.

SIGN, FRONTAGE PROPERTY: The length of the property line corresponding to the front of the building on a lot that abuts a public right-of-way. For corner lots, the frontage shall be the shorter of the two (2) lines adjacent to the streets as platted, subdivided or laid out. Where the lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing custom of the other buildings on the block. If the front is not evident, then either may be considered the front of the lot, but not both.

SIGN, GROUND: A type of freestanding sign which is erected on the ground and which contains no free air space between the ground and the top of the sign.

SIGN, GROUP: A sign structure serving two (2) or more enterprises sharing the same facilities.

SIGN, HEIGHT OF: The vertical distance measured from the highest point of the sign, excluding decorative embellishment, to the surface grade beneath the sign.

SIGN, HUMAN: A sign that is held or worn by a person, including but not limited to a human directional, sign walkers/wavers/twirlers, and "sandwich persons". Human sign does not include text or images displayed on a traditional article of clothing such as a jacket, shirt, pants, or hat.

SIGN, ILLEGAL: A sign which does not meet the requirements of this Code and which has not received legal nonconforming status.

SIGN, ILLUMINATED: A sign with an artificial light source incorporated externally for the purpose of illuminating the sign.

SIGN, INCIDENTAL: A small incidental sign, emblem or decal. Such signs include traffic or directional signs, commemorative plaques, addresses, building names, property owner, or signs that inform the public of goods, facilities or services available on the premises, e.g., a credit card sign or a sign indicating hours of business, or that the business is "open" or "closed", or whether lodging has rooms available.

SIGN MAINTENANCE: For the purpose of this Code: The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.

SIGN, NONCONFORMING:

   A.   A sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations.

   B.   A sign which does not conform to the Sign Code requirements, but for which a variance or conditional use permit has been issued.

SIGN, OFF PREMISES: A sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which the sign is located. This definition does not include campaign, election, political or communitywide/special event signs.

SIGN, OWNER: A person recorded as owner on official records. For the purposes of this Code: The owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Zoning Administrator, e.g., a sign leased from a sign company.

SIGN, PORTABLE: Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. This includes portable reader board signs.

SIGN, PROJECTING: A sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.

SIGN, READER BOARD: A sign which uses interchangeable letters to vary the sign message.

SIGN, RESIDENTIAL SUBDIVISION IDENTIFICATION: A sign located at the entrance to a residential subdivision.

SIGN, ROOF: Any sign erected over or on the roof of a building.

SIGN, TEMPORARY: A temporary sign constructed of vinyl, plastic, wood or metal and designed or intended to be displayed for a short, limited period of time. Temporary signs are not intended to continually advertise goods and/or services on the property.

SIGN, TEMPORARY COMMERCIAL EVENT: A sign or attractant of a non- permanent nature for commercial use, used only temporarily and not permanently mounted.

SIGN, THROUGH LOT: A parcel of property with frontage on two (2) parallel public streets located at opposite sides of said parcel. The front property line of a through lot shall be that which is obviously the front by reason of the prevailing custom of the other buildings on the block. Where the front property line is not obvious the property owner shall determine the front of the property.

SIGN, WALL: A sign attached parallel to and extending not more than twelve inches (12") from the wall of a building, or which is painted directly on a wall. No wall sign shall extend above the wall on which it is painted. This definition includes painted, individual letter and cabinet signs on a mansard roof.

SIGN, WALL GRAPHICS: Any artistic design or portrayal painted on an exterior wall, fence, awning, window or other structure which is visible from any public right-of-way and which has as its purpose artistic effect and not the identification of the premises or the advertisement, or promotion of the interests of any private or public firm, person or organization.

SIGN, WINDOW: A sign installed inside a window and intended to be viewed from the outside.

SITE PLAN: A schematic diagram of a lot, tract or parcel of land showing the specific location of all existing and proposed features, such as buildings, other structures, driveways, parking, landscaped areas, easements, utilities, drainage, etc.

SOLID PLANTING: A planting of evergreen trees and shrubs which will prevent a thorough and unobscured penetration of sight and light.

SPECIAL EVENT: An event occurring infrequently and often on an unplanned basis, such as an annual or semiannual sale or celebration, or a "grand opening" or "quitting business" sale.

SPECIAL EVENT, COMMUNITY WIDE: An event which receives approval through the city manager or city council and/or is sponsored by a group or organization including street fairs, parades, community celebrations, sporting events and art festivals. These events may include the operation of commercial vendors for food or retail goods.

STABLE, PRIVATE: A detached accessory building in which horses and other animals owned by the occupant of the premises are kept, and in which no animals are kept for hire, remuneration or sale.

STABLE, PUBLIC: A stable other than a private stable.

STORAGE, COMMERCIAL RECREATIONAL VEHICLES: The storage of more than two (2) recreational vehicles, including boats, not registered to the property owner and where the property owner receives remuneration for storage of such vehicles.

STORAGE, OPEN: The storage of items not located within a sight obscuring enclosure, as visible from the public right of way, or within a building.

STOREFRONT BUSINESS: Any commercial establishment, structure, or building that is openly accessible by members of the general public.

STORY: That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement, the ceiling of which is less than four and one-half feet (41/2') above the natural grade, shall not be considered a story. A mezzanine floor shall be considered a story if it is more than one-third (1/3) of the area of the floor next below it.

STREET: The entire width of every public way or right of way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.

STREET, ARTERIAL: A major street with moderate to fast speeds and high volume, designed to provide access to the regional transportation system and move traffic through or around the city, or from one general area of the city to another. Arterials may have limited access and are located approximately one mile apart.

STREET, COLLECTOR: Intermediate streets which collect local traffic from neighborhoods and move it to an adjacent neighborhood or transfer the traffic to the arterial system. Collectors are located approximately one-fourth (1/4) to one-half (1/2) mile apart.

STREET, LOCAL: Minor streets intended to serve individual sites, buildings or lots. Local streets feed into collectors or provide destination access off of collectors.

STREET, PRIVATE ACCESSWAY: A private right of way for vehicles which provides a principal means of access to two (2) or more lots, is subject to an easement for ingress and egress, and runs with the land to the benefit of all lots having frontage thereon.

STREET, PUBLIC: A dedicated public right of way for vehicles which affords a principal means of access to abutting properties.

STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or exterior walls.

STRUCTURE: That which is built or constructed, an edifice or building of any kind or any piece of work artificially built or composed of parts joined together in some definite manner and attached to the ground.

SUBDIVISION: Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into two (2) or more lots, tracts or parcels of land, or if a new street is involved, any property which is divided into two (2) or more lots, tracts, or parcels of land or any property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two (2) parts. "Subdivision" also includes any condominium, cooperative, community apartment, townhouse or similar project containing two (2) or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of the projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided.

SUBLOT: A portion of a platted lot designated for separate ownership from other portions of the lot and used for townhouse or other construction that has separate ownership with a common party wall location identified on the plat.

SWIMMING POOL, PRIVATE: A pool established or maintained on any premises by an individual for his own or his family's use, or for guests of his household.

SWIMMING POOL, PUBLIC: A swimming pool admission to which may be gained by the general public with or without payment of a fee.

SWIMMING POOL, SEMIPUBLIC: A swimming pool on the premises of, or part of a hotel, motel, manufactured home park, apartment house, private club, association or other similar establishment where admission to the use of the pool is included in the fee or consideration paid or given for the general use of the premises.

TEMPORARY: Unless otherwise stipulated herein, for the purposes of these regulations, temporary shall mean a period of less than ninety (90) days when in reference to a time frame, or not having or requiring permanent attachment to the ground, or involving structures which have not required permanent attachment to the ground. Temporary uses are subject to the provisions of section 11-3-21 of this title.

TIMBER HARVESTING: The felling, loading, and transporting of timber products (pulpwood, etc.). The term "timber harvesting" may include both clear cutting and selective cutting of timber.

TIME SHARING: A method of ownership whereby occupancy rights in a dwelling unit are sold for a specific number of years and entitle a person(s) to sequential usage of the unit for a specified interval on a recurring basis.

TOWNHOUSE: A single-family dwelling unit, located on its own lot with its own individual services, constructed in a group of two or more attached units in which each unit extends from foundation to roof with a two-hour fire rated party wall between units with no openings. A townhouse does not share common floors/ceilings with other dwelling units.

TRAVEL TRAILER: See definition of Recreational Vehicle.

TREE: Any self-supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity, normally attaining a trunk diameter greater than three inches (3") at any point and a height over ten feet (10').

TREE ADVISORY COMMITTEE: An ad hoc committee established by title 2, chapter 7 of this code to oversee the implementation of a street tree plan.

TREE DENSITY STANDARD (TDS): The minimum number of tree density units per acre which must be achieved on a property.

TREE DENSITY UNIT (TDU): A credit assigned to a tree, based on the diameter of the tree, in accordance with tables contained in this title.

TREE PRESERVATION PLAN: A plan required through the subdivision regulations or the zoning regulations that inventories the location, species, health and size of existing trees. Subject to approval by the parks and recreation director, the preservation plan would also indicate which trees are to be removed and which are to be preserved.

TREE PROTECTION AREA (TPA): Any portion of a site wherein are located existing trees which are proposed to be preserved in order to comply with the requirements of this title. The tree protection area shall include no less than the total area beneath the tree canopy as defined by the drip line of the tree or group of trees collectively.

TREE REPLACEMENT PLAN: A plan required through the subdivision regulations or the zoning regulations that inventories the location, species, and size of proposed trees. This plan is subject to approval by the parks and recreation director.

TREE THINNING: Selective cutting or thinning of trees only for the clear purpose of good forestry management in order to protect said forest from diseases or infestation and in no way shall be construed as clear cutting.

UNDERLYING ZONE: The established zoning use district for an area for which a planned unit development or the equivalent is proposed.

UNDERSTORY TREE: A tree that, under normal forest conditions, grows to maturity beneath overstory trees and will generally reach a mature height of at least ten feet (10') but less than forty feet (40').

USE: The specific purpose for which a building or lot is arranged, intended, designed, occupied or maintained.

UTILITY HARDWARE: Devices such as poles, cross arms, transformers and vaults, gas pressure regulating assemblies and similar devices.

VENDOR: A commercial use operated within a temporary or semipermanent building or structure with floor area not exceeding one hundred (100) square feet, subject to the provisions of section 11-3-23 of this title.

VETERINARY HOSPITAL: An institution for the diagnosis, treatment and care of disease and injury in all types of animals, including small teals and livestock, by a licensed doctor of veterinary medicine where overnight and extended care is typical, as are routine office calls.

VETERINARY OFFICE, SMALL ANIMAL: An office maintained by a licensed doctor of veterinary medicine for the treatment and care of small animals, namely the usual household pets and other animals of a similar size and nature, but not livestock. Overnight care or boarding would be the rare exception.

WATER QUALITY PROTECTION, AREA: A critical stormwater conveyance, stream, lake, wetland, a slope with potential for erosion hazard or instability or the Whitefish River, as regulated by section 11-3-29 of this title or other ordinance or policies adopted by the city of Whitefish.

WATER QUALITY PROTECTION, BUFFER: An area that is contiguous to and protects a water quality protection area and which is required for the continued functioning and/or structural stability of that water quality protection area.

WATER QUALITY PROTECTION, CRITICAL STORMWATER CONVEYANCE: A watercourse that flows only in response to precipitation in the immediate watershed or in response to the melting of snow or ice (i.e., the watercourse is never exclusively fed by groundwater and therefore is always above the local water table), downstream of the point where it drains an area of twenty five (25) acres. This definition does not include irrigation ditches, canals, stormwater runoff devices, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans. Critical stormwater conveyances are mapped by the city.

WATER QUALITY PROTECTION, ORDINARY HIGH WATER MARK: That mark where the presence and action of stream flows are so common that the soil and vegetation have a character distinct from that of the abutting upland. Often referred to as "bank full width". The OHWM shall also include those wetlands which are in proximity to and either influence or are influenced by the stream and/or river. This influence includes, but is not limited to, one or more of the following: periodic inundation, location within a floodplain, or hydraulic continuity.

WATER QUALITY PROTECTION, PERMEABLE: Porous material capable of being permeated by stormwater, rain and snow.

WATER QUALITY PROTECTION, QUALIFIED PROFESSIONAL: A person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant water quality protection area. To submit the reports identified below, a qualified professional must have obtained a B.S. or B.A. or equivalent degree as identified and have five (5) years of progressively more responsible work experience with the relevant type of water quality protection area:

   A.   Critical stormwater conveyance identification, as described in subsection 11-3-29E of this title: professional engineer or hydrologist.

   B.   Determination of top of bank for Whitefish River, as described in subsection 11-3-29C of this title: geologist, hydrogeologist, hydrologist.

   C.   Water quality plan, as described in subsection 11-3-29C of this title: civil or other professional engineer.

   D.   Geotechnical letter, as described in subsection 11-3-29D1 of this title: professional engineer (geotechnical or civil practice).

   E.   Water quality protection area report for streams, wetlands, or lakes, as described in section 11-7-10 of this title: biologist, forester, or other scientist with training and experience in the issues covered by the report. Wetland delineations and assessments must be performed by a professional with specific training and experience for that work.

WATER QUALITY PROTECTION, REPORT: A report describing mitigation or restoration proposed for streams, lakes, wetlands, or their buffers, as described in section 11-7-10 of this title.

WATER QUALITY PROTECTION, RIPARIAN AREA: The area adjacent to a stream, lake, or wetland that directly influences the aquatic ecosystem by providing shade, filtration of pollutants and nutrients, fine or large woody material, organic and inorganic debris, terrestrial insects, and habitat for riparian associated wildlife.

WATER QUALITY PROTECTION, SETBACK: An area where new structures are prohibited and only limited alterations are allowed. The purpose of a setback is to protect buffers from human disturbance and to protect high value structures from potential damage. No part of any above grade structure, including architectural features, eaves, cantilevers, decks, or overhangs of any kind, may encroach into the setback.

WATER QUALITY PROTECTION, SLOPE: Ground that forms a natural incline with a gradient of ten percent (10%) or greater, calculated by dividing the vertical rise by the horizontal run. A slope is delineated by establishing its toe and top.

WATER QUALITY PROTECTION, STREAM, INTERMITTENT: A watercourse with a defined bed and bank that, within a one hundred foot (100') segment, extends aboveground a total of fifty feet (50') or more (which need not be continuous), obtaining its flow from both groundwater discharge and surface runoff. A stream is intermittent if it is below the seasonal high water table, and therefore flows continuously, for only part of the year. This definition does not include irrigation ditches, canals, stormwater runoff devices, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans.

WATER QUALITY PROTECTION, STREAM, PERENNIAL: A watercourse with a defined bed and bank that flows continuously in years of normal precipitation and obtains its flow from both groundwater discharge and surface runoff. This definition does not include irrigation ditches, canals, stormwater runoff devices, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans.

WATER QUALITY PROTECTION, TOP OF BANK (For Whitefish River): The top of the intact bluff against which fine grained talus rests, where a generally sharp and distinct break occurs from a relatively flat slope on the higher elevation to steep slope leading down toward the edge of the floodplain, taking into account the possibility of false top of bank due to rotational slumps or other land movement.

WATER QUALITY PROTECTION, WETLAND: An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland areas, including, but not limited to, irrigation and drainage ditches, grass lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands shall include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.

WATER QUALITY PROTECTION, WETLAND, ISOLATED: A wetland with no connection, by either surface waters or hydric soils, to a water body or riparian area and that is not part of a wetland mosaic. A wetland mosaic involves a concentration of multiple small wetlands, in which each patch of wetland is less than one acre; on average, patches are less than one hundred feet (100') from each other; and areas delineated as vegetated wetland are more than fifty percent (50%) of the total area of the entire mosaic, including uplands and open water.

WHOLESALE: The business of selling goods or merchandise to retailers or jobbers for resale to the ultimate user.

WIRELESS SERVICE FACILITY: Commercial radio and television service antenna, unlicensed wireless service antenna/tower, common carrier wireless exchange structure/antenna/towers commonly referred to as cellular communications.

YARD: A space on any lot, unoccupied by a structure and unobstructed from the ground upward, except as otherwise provided in subsection 11-2-3B of this title, and measured as the minimum horizontal distance from a building structure to the property line opposite the building line in the side or rear yards, or to the street right-of-way or easement in the front yard.

YARD, REQUIRED: The minimum dimension of a front, side or rear yard as established by the use regulations for each district. (Ord. A-407, 3-15-1982; amd. Ord. 96-12, 10-17-1996; Ord. 00-06, 4-3-2000; Ord. 00-13, 11-20-2000; Ord. 01-04, 2-20-2001; Ord. 01-09, 3-19-2001; Ord. 01-14, 8-20-2001; Ord. 02-16, 5-20-2002; Ord. 03-12, 5-19-2003; Ord. 02-30, 6-16-2003; Ord. 03-15, 6-16-2003; Ord. 03-19, 7-7-2003; Ord. 04-03, 3-1-2004; Ord. 04-12, 7-19-2004; Ord. 04-22, 11-1-2004; Ord. 05-01, 1-18-2005; Ord. 05-05, 2-7-2005; Ord. 05-25, 11-21-2005; Ord. 06-16, 7-17-2006; Ord. 06-30, 10-16-2006; Ord. 07-33, 10-15-2007; Ord. 08-05, 3-17-2008; Ord. 08-07, 4-28-2008; Ord. 08-08, 5-19-2008; Ord. 08-23, 11-17-2008; Ord. 08-26, 1-5-2009; Ord. 09-05, 4-6-2009; Ord. 09-09, 8-3-2009; Ord. 09-10, 8-17-2009; Ord. 09-22, 11-16-2009; Ord. 11-05, 5-2-2011; Ord. 12-01, 1-17-2012; Ord. 12-04, 2-6-2012; Ord. 12-07, 4-16-2012; Ord. 12-12, 11-5-2012; Ord. 13-03, 3-18-2013; Ord. 14-21, 1-5-2015; Ord. 16-03, 2-1-2016; Ord. 16-04, 2-16-2016; Ord. 16-06, 3-7-2016; Ord. 16-14, 9-6-2016; Ord. 18-06, 2-20-2018; Ord. 18-19, 7-2-2018; Ord. 18-25, 9-4-2018; Ord. 18-27, 9-17-2018; Ord. 19-03, 2-4-2019; Ord. 19-11, 6-3-2019; Ord. 19-14, 7-1-2019; Ord. 19-24, 12-16-2019; Ord. 21-17, 12-6-2021; Ord. 21-20, 1-3-2022; Ord. 22-04, 3-21-2022; Ord. 22-05, 4-4-2022; Ord. 22-06, 5-16-2022; Ord. 23-03, 4-3-2023; Ord. 23-13, 8-21-2023)

 

Notes

1	1. See diagram in chapter 8, appendix E of this title.
1	1. See chapter 8, appendix B of this title.
3	1. MCA § 76-2-412.
4	1. See use regulations in section 11-2-3 of this title.
5	1. See also section 11-3-11 of this title.
1	1. See subsection 11-5-5C of this title.