All words in this Zoning Ordinance shall be first defined as
provided herein and, if not defined herein, shall have their customary
dictionary definitions. For the purposes of this Zoning Ordinance
certain words and terms used herein are defined as follows:
Words used in the present tense include the future tense; words
used in the singular include the plural, and words used in the plural
include the singular; the word "shall" is always mandatory;
the word "person" includes a firm, association, organization,
partnership, trust, corporation or company, as well as an individual;
the word "lot" includes the words "plot" or
"parcel"; the word "building" includes the
word "structure"; the words "used" or "occupied,"
as applied to any land or building, shall be constructed to include
the words "intended, arranged, or designed to be used or occupied";
the words "map" or "zoning map" mean the zoning
map(s) of the zoning jurisdiction of the City of Kalispell that delineate
the area to be governed by these regulations.
The act of intentionally and permanently giving up, surrendering,
deserting or relinquishing property, or a property right. In regard
to a use, it is the actual cessation of a "nonconforming use"
coupled with the intent not to put the premises again to the same
use. Proof of said intent not to abandon must be clearly inferable
from existing facts, such as actively pursuing in good faith the sale
of lease of a property as a continuation of the existing use.
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.
A detached subordinate building/structure situated on the
same lot with the principal building/structure and used for an accessory
use.
A subordinate use of a building, other structure, or use
of land:
Which is clearly incidental to the primary use of the principal
building, other structure, or use of land; and
Which is used customarily in connection with the principal building,
other structure, or use of land; and
Which is located on the same zoned lot with the principal building,
other structure, or use of land.
The use of land for agricultural, horticultural and silvicultural
purposes, including farming, dairying, pasturage, grazing land, animal
and poultry husbandry, feed lots, and includes the necessary accessory
uses for packing, treating, storing or shipping of products. Does
not include the manufacturing aspects of timber or agricultural activities
such as animal slaughtering, wood processing plants, etc.
Any runway, landing area or other facility whether publicly
or privately owned and operated, and which is designed or used either
by public carriers or by private aircraft for the landing and taking
off of aircraft and/or helicopters, including all necessary taxiways,
aircraft storage and tie-down areas, hangars and other necessary buildings
and open spaces.
A passage or way, open to public travel, and dedicated to
public use, affording a secondary means of vehicular and pedestrian
access to abutting lots and not intended for general traffic circulations.
A change or rearrangement of the structural parts of existing
facilities, or an enlargement by extending the sides or increasing
the height or depth, or the moving from one location to another.
A street having the primary function of moving traffic and
secondary function of providing access to adjacent land. Arterials
generally carry relatively large volumes of traffic. Arterials have
two to four lanes of traffic and provide limited access to abutting
property.
The fitting or joining of parts of a mechanism by means of
fasteners, nuts and bolts, screws, glue, welding, or other similar
technique which may include the construction, stamping, or reshaping
of any of the component parts. Heavy assembly may generate noise,
vibration, smoke, or odors outside of the structure housing the activity
or off-site. Activity may occur both indoors and outdoors.
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 but such processes would typically
not generate noise, vibration, smoke or odor.) Typically, all activity
usually occurs indoors.
An open, partially enclosed, or fully enclosed facility used
or intended to be used primarily for spectator sports, entertainment
events, expositions, and other public gatherings. Typical uses include
convention and exhibition halls, sports arenas, and amphitheaters.
A facility designed for the major purpose of physical fitness
which includes, but is not limited to, such equipment as weight resistance
machines, whirlpools, saunas, showers, swimming pools and lockers.
Any sale where livestock is sold by an auctioneer in an outdoor
setting.
An area, other than a street, used for the display, sale
or repair of new or used automobiles, boats, RVs, motorcycles, or
trailers, whether inside a structure or in an outside area.
A facility wherein automobiles are cleaned. The seats and
carpet are generally shampooed and the engine compartment degreased.
The exterior is generally waxed. Customary and incidental associated
uses shall not include painting, body work, or mechanical repair.
A facility which provides collision repair services, including,
but not necessarily limited to, welding, body frame straightening,
replacement of damaged parts, and painting.
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.
The dismantling or wrecking of motor vehicles or trailers,
or the storage, sale or dumping of dismantled or partially dismantled,
obsolete or wrecked vehicles or their parts.
An establishment primarily engaged in the retail sale of
bakery products, but which may involve the production of baked goods
for off-site sales.
An establishment that is open to the public and primarily
engaged in the receipt, disbursement of exchange of funds and currencies,
and that performs closely related functions such as making loans,
investments, and fiduciary activities.
Includes barber shops, hair styling, salons, nail care, hair
removal, ear piercing, and other such similar businesses.
An establishment whose primary activity is the sale of alcoholic
beverages to be consumed on the premises.
"Bed and Breakfast" means a single-family dwelling
with a resident family or manager in permanent residence where bedrooms
without individual cooking facilities are rented for overnight lodging.
Breakfast may be provided by the resident(s) to the overnight patrons.
A standard outdoor advertising sign no larger than 288 square
feet in area which is designed to advertise products, services or
businesses not located on the premises on which the sign is located.
A sign shall not be considered a billboard unless the sign is designed
with a surface on which temporary poster panels or painted bulletins
are mounted for the purpose of conveying a visual advertising message.
Open spaces, landscaped areas, fences, walls, berms, or any
combination thereof used to physically and visually separate one use
or property from another in order to mitigate the impacts of noise,
light, or other nuisance.
The distance between the required side setbacks (or side
and side corner setbacks) of a lot.
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Figure 13: Building Width, Building Frontage, and Building
Line
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Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels. When
any portion thereof is completely separated from every other portion
thereof by a division wall without openings then each such portion
shall be deemed to be a separate building.
The maximum width of a building measured in a straight line
parallel with the abutting street, or, if the abutting right-of-way
is a curved line, parallel with a line tangent to the property line
at its midpoint. (See Figure 13 above)
The maximum allowable vertical distance from the undisturbed
ground level at the eave line of the building to a plane that is parallel
with that undisturbed ground at the highest point of the roof or parapet
wall. Variable slopes would require multiple planes to be established.
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Figure 14: Building Height, Maximum
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The line of that face, corner, roof or part of a building
nearest the property line. A building line shall be established parallel
to the property line which that side of the building faces or, if
the abutting right-of-way is a curved line, parallel with a line tangent
to the property line at its midpoint. (See Figure 13 above)
The purchase, sale, offering for sale, or other transaction
involving the handling or disposition of any article, service, substance
or commodity for livelihood or profit, or the management or occupancy
of the office buildings, offices, recreation or amusement enterprises,
or the maintenance and use of buildings, offices, structures, or premises
by professions and trades or persons rendering services.
Any area or tract of land used or designed to accommodate
two or more camping parties, including cabins, tents, camping trailers
or other camping outfits (see also: Recreational Vehicle Park).
Any overhead protective structure which is constructed in
such a manner as to allow pedestrians/vehicles to pass under.
A structure to house or protect motor vehicles which has
at least fifty percent of the total area of its sides open to the
weather.
An establishment that offers any form of legalized gambling authorized under Title 23, Chapter 5, Parts 1 (except for Section 23-5-160 regarding shaking dice or shake-a-day games) and 3 through 6, Montana Code Annotated, either as a primary use or as an accessory use. Organizations and facilities designated as exempt under state law shall not be classified as casinos.
An establishment in which the principal use is the preparation
of food and meals on the premises, and where such food and meals are
delivered to another location for consumption.
The replacement of an existing use by a new use, or a change
in the nature of an existing use, but not including a change of ownership,
tenancy, or management where the previous nature of the use, line
of business, or other function is substantially unchanged.
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.
As defined by City of Kalispell Ordinance No. 940A, it is
an area established within a triangular area formed by the intersection
of the center lines of the adjoining streets and a straight line connecting
points on such center lines 80 feet from such intersection, in which
the height of landscaping and vegetation is limited.
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Figure 15: Clear Vision Triangle
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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.
A street or road having the equally important functions of
moving traffic and providing access to adjacent land. Collector streets
have two traffic lanes and two parking lanes.
To start or begin; in relation to a project, "commence"
means taking active steps towards starting a project, as opposed to
intentions, and includes, but is not necessarily limited to, good
faith efforts to secure financing, finalize plans, acquire additional
permits necessary for construction, site preparation/construction,
and/or actually beginning operation of the business/use. See also:
Abandonment.
Any activity conducted with the intent of realizing a profit
from the sale of goods or services to others.
A place, structure, area, or other facility used for and
providing religious, fraternal, social, or recreational programs.
It is not operated for profit and generally open to the public and
designed to accommodate and serve the community.
"Conditional use" means a use that may be allowed
in one or more zones as defined by this Zoning Ordinance but which,
because of characteristics peculiar to such use, or because of the
size, technological processes or equipment, or because of the exact
location with reference to surroundings, streets and existing improvement
or demands upon public facilities, requires a special degree of control
to make such uses consistent with and compatible to other existing
or permissible uses in the same zone or zones.
An estate in real property consisting of an undivided interest
in common in a portion of a parcel of real property, together with
a separate interest in the space in a residential, industrial, or
commercial building on such real property such as an apartment, office,
or store.
Open spaces used for the storage of machinery, equipment,
materials, and supplies used by the contractor in the pursuit of his
or her business. This is intended to be a yard owned or leased by
a contractor engaged in some kind of construction work.
A use which means care for children or adults other than
the parent or other person living with the individual on a regular
basis for daily periods of less than 24 hours, whether that care is
for daytime or nighttime hours. Family day care home means a place
in which supplemental care is provided to 3 to 6 children or adults
on a regular basis. Group day care home means a place in which supplemental
care is provided to 7 to 12 children or adults on a regular basis.
Day care center means a place in which care is provided to 13 or more
children or adults on a regular basis.
The number of dwelling units per gross acre in any residential
development.
A building/structure surrounded on all sides by open space.
A lot upon which a principal structure is located or a lot
that is developed for its intended use (e.g., parking lot or park).
A sign which no longer identifies or advertises a bona fide
business, service, product or activity on the property where it is
located.
An area defined as to boundaries and location on an official
zoning map and within which area only certain types of land uses are
permitted and within which other types of land uses are excluded,
as set forth in this Zoning Ordinance.
A building used for human residential purposes (see also:
Residential).
A building designed as 2 structurally joined dwelling units
and occupied exclusively by one family per dwelling unit living independently
of each other, and with separate entrances. "Structurally joined"
means a substantial structural connection with a roof and other features.
"Structurally joined" shall not include such improvements
as decks, patios, architectural embellishments, below-grade connections,
or other connections not involving a substantial roof connection (see
also: Residential).
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Figure 16: Dwelling, Duplex
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A building or buildings attached to each other and containing
3 or more dwelling units. The term "multi-family dwelling"
is intended to apply to such dwelling types as triplex, fourplex,
or apartments where any dwellings have their primary access to a common
hallway or corridor or directly to the outside (see also: Residential).
A building designed with living quarters for occupancy by
one household only, and containing one dwelling unit on a lot (see
also: Residential).
Ownership of a parcel of land with an attached single-family
dwelling unit that is connected with one or more similar dwelling
units but separated from the other similar dwelling unit(s) by a common
party wall having no doors, windows or other provisions for human
passage or visibility. In order to be considered a townhouse as opposed
to another dwelling type, such as a duplex or multi-family dwellings,
each of the attached dwelling units must have: (a) independent water
and sewer service lines and metering pursuant to the applicable plumbing
code and any other city regulations; and (b) a 2-hour fire wall separating
the unit from any adjoining units (see also: Residential).
One or more rooms designed for or occupied by one household
for living or sleeping purposes and containing kitchen and bathroom
facilities for use solely by one household. All rooms comprising a
dwelling unit shall have access through an interior door to other
parts of the dwelling unit (see also: Residential).
An accessory dwelling unit is a second dwelling unit on a
property that is in a separate, detached structure from the first
dwelling unit.
Any facility or installation such as a windmill, hydroelectric
unit or solar collecting which is designed and intended to produce
energy from natural forces such as wind, water, sunlight, or geothermal
heat, or from biomass, for primarily off-site use.
For structures, additions which increase the square footage
of the structure; for uses, expansion of services offered or an increase
in the square footage of the building or lot occupied.
Physical characteristics such as streams, rivers, hills,
ponds, wetlands and high groundwater which affect development of the
land. This includes, but is not limited to, slopes in excess of 30%,
the 100-year floodplain and critical wildlife habitat.
"Extractive industries" are commercial or industrial
operations involving the removal and processing of natural accumulations
of sand, rock, soil, gravel or any mineral.
An area wherein buildings, structures, and land are used
for agricultural-related offices, animal shows and judging, carnivals,
circuses, community meetings, recreational uses, concerts, food booths
and stands, games, rides, rodeos, sales and auctions, and similar
uses. Public fairgrounds also may include the temporary recreational
vehicle parking and camping if done in conjunction with a sponsored
event.
A masonry wall or a barrier composed of posts connected by
boards, rails, panels or wire for the purpose of enclosing space or
separating parcels of land. The term "fence" does not
include retaining walls.
The assembly that holds a lamp and may include an assembly
housing, a mounting bracket or pole socket, a lamp holder, ballast,
a reflector or mirror, and a refractor or lens.
The areas subject to the City of Kalispell Floodplain Management
Ordinance, generally the channel of a river or stream and the area
adjoining a river or stream, which would be covered by floodwater
of a base flood except for designated shallow flooding areas that
receive less than one foot of water per occurrence. The floodplain
consists of a floodway and a floodway fringe.
An establishment operated by a non-profit entity for the
distribution of groceries to the general public for free.
The preparation, processing, or canning and packaging of
food products. Associated preparation, processing, canning or packaging
of food may generate noise, vibration, smoke, or odors outside of
the structure housing the activity or off-site.
The preparation, processing, or canning and packaging of
food products. Associated preparation, processing, canning or packaging
of food would typically not generate noise, vibration, smoke or odor
outside of the structure housing the activity.
An establishment which utilizes wood in conjunction with
mechanical or chemical transformations to create new wood products
such as boards, veneers, particle board and fiber board for construction
purposes.
Design of a building to create a street view design elements
to all sides of a building.
The length of the property line of any one premises along
a public right-of-way on which it borders.
The distance for which the front boundary line of the lot
and the street line are coincident.
An accessory building or an accessory portion of the main
building, enclosed on not less than three sides and designed or used
only for the shelter of vehicles owned or operated by the occupants
of the main building or buildings and which does not exceed 1,000
square feet in size.
A street, typically an arterial street, that is one of the
main thoroughfares into and out of the city as identified on the Kalispell
Growth Policy Future Land Use Map.
Direct light emitted by a luminaire that causes reduced vision
or momentary blindness.
A tract of land laid out for playing a game of golf and improved
with tees, greens, fairways, and hazards. A golf course may include
a clubhouse (which may include a restaurant, bar and limited retail),
restrooms, driving range, and shelters as accessory uses.
The average level of the finished ground surfaces surrounding
a structure, within a distance of 20 feet.
An establishment where flowers, shrubbery, vegetables, trees,
and other horticultural and floricultural products are grown both
in open and enclosed buildings and includes the storage and sale of
dirt, rocks, bark, mulch and similar complimentary materials for the
landscaping and growing of flowers, shrubbery, vegetables and trees.
The entirety of the area within the boundaries of the proposed
development properties.
The area of a lot including all private accessways, roadway
and/or alley easement within the lot boundaries.
A residential facility for 8 or fewer persons (as a protected
use under state law) or for 9 or more persons, excluding the supervisors/operators,
providing living facilities, sleeping rooms and meals and which shall
have a permit issued by the appropriate governmental agency (See Section
76-2-412, MCA). This definition also includes a youth foster home,
a kinship foster home, a youth shelter care facility, a transitional
living program, or youth group home as further defined in Section
52-2-602 MCA; a halfway house operated in accordance with regulations
of the Department of Public Health and Human Services for the rehabilitation
of alcoholics or drug dependent persons; a licensed adult foster family
care home; or an assisted living facility licensed under Section 50-5-227
MCA.
A general long range plan which guides development and growth
of the City and is officially adopted by the Kalispell City Council.
The sale and repair of large equipment including but not
limited to: trucks with greater than a one and one-half ton rating,
cranes, crawler-type tractors, earth movers, dump trucks, and other
equipment of equal or greater size and weight.
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 by-products.
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.
A park which has been dedicated as part of a subdivision
for the primary use by the property owners within the subdivision,
and is maintained through private funds provided from annual fees
paid to the homeowner's association. A homeowner's park
may include a community center.
A building, containing 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, excluding accommodations for
employees. Where a hotel/motel is permitted as a principal use, all
uses customarily and historically accessory thereto for the comfort,
accommodation and entertainment of the patrons, including the service
of alcoholic beverages, shall be permitted upon proper licensure.
However, any use classified as a "casino" shall be considered
to be a separate principal use on the property and shall be subject
to the appropriate regulations under this Zoning Ordinance.
The common boundary line between two or more adjoining lots
under common ownership.
The boarding, breeding, raising, grooming, or training of
5 or more dogs, cats, or other household pets of any age not owned
by the owner or occupant of the premises, and/or for commercial gain.
Doggie day-cares and similar uses are included within this definition.
A building or group of buildings in which are located facilities
for scientific research, development, testing, assembly, repair, and
manufacturing such as: biotechnology, pharmaceuticals, medical instrumentation
or supplies, communications and information technology, electronics
and instrumentation, and computer hardware and software. Office, warehousing,
wholesaling, and distribution of the finished products produced at
the site are allowed as part of this use.
The component of a luminaire that produces the light.
A lot or portion thereof used for the burial of non-hazardous
and non-medical farm, residential, institutional, commercial, or industrial
waste.
Some combination consisting primarily of planted, 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 such structural features as foundations, pools,
art works, 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.
Any part of a fixture (lamp, diffuser) which emits light
rays.
The manufacturing, fabricating or casting of individual components
of a larger unit or a complete unit. All such processing must occur
indoors and would not typically generate noise, vibration, smoke,
dust or odor detectable at the property boundary line. Furthermore,
all new materials and final components should be limited in size,
bulk and weight so that they could be handled by one worker without
the aid of machines.
General sky glow caused by the scattering of artificial light
in the atmosphere, much of which is caused by poorly designed luminaire.
Any attachment which interrupts and blocks the path of light
emitted from a luminaire or fixture.
A single artificial point source of luminescence that emits
measurable radiant energy in or near the visible spectrum.
Light emitted by a luminaire that shines beyond the boundaries
of the property on which the luminaire is located.
A space or berth used for the loading or unloading of cargo,
products, or materials from vehicles.
A parcel of land, tract, or lot on file and of record in
the office of the Clerk and Recorder, Flathead County, Montana. A
zoning lot may include multiple contiguous lots held in single ownership
upon written determination by the Zoning Administrator.
The total horizontal area within the boundary lines of a
lot. Where surface utility or street easements are located within
a parcel, lot area computation shall not include that area contained
within the easement.
The total area of a lot covered by the principal and accessory
buildings, or structures including any area occupied by overhangs
or roofs and any attachment to a building or structure, but excluding:
(a) open decks less than 30 inches in height (measured from grade
to top of the platform); and (b) an eave extending up to two feet
from the exterior wall of the building or structure.
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Figure 17: Lot Types and Setbacks
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An irregularly shaped lot typified by being almost entirely
land-locked and having limited access and/or no direct frontage. Access
to a public or private street is typically by an extended strip of
land either deeded or by easement. For development setbacks, the property
boundary abutting a public or private street shall be the front of
the lot with the associated front setback; all other lot line setbacks
shall adhere to the rear setback requirement of the district.
A lot fronting on one street. (See Figure 17 above)
The length (or depth) of a lot shall be:
If the front and rear lines are parallel, the shortest distance
between the lines.
If the front and rear lines are not parallel, the shortest distance
between the midway point of the front lot line and midpoint of the
real lot line.
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 long lying along the rear of the lot but still wholly
within the lot.
(See Figure 17 above)
Lot, Front – The front property line of a lot shall be
determined as follows:
Corner Lot – The front property line of a corner lot shall
be the shorter of the two 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 such front is not evident,
then either may be considered the front of the lot, but not both.
Interior Lot – The front property line of an interior
lot shall be the line bounding the street frontage.
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 such front property
line is not obviously evident, the Zoning Administrator shall determine
the front property line. Such a lot over 200 feet deep shall be considered,
for the purpose of this definition, as two lots each with its own
frontage.
Lot, Rear – The rear property line is that lot line opposite
of 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 10 feet long, lying within the lot and parallel to the
front property line. In the event that the front property line is
a curved line then the rear property line shall be assumed to be a
line not less than 10 feet long, lying within the lot and parallel
to a line tangent to the front property line at its midpoint. Where
a corner lot has been altered through subdivision or boundary line
adjustment resulting in a lot with frontage on the street and a property
line along an alley, the rear property line shall be deemed to be
that property line which would have been the rear property line prior
to the alteration.
Lot, Side – The side property lines of a lot are those
lot lines connecting the front and the rear property lines of a lot.
Lot, Side Corner – On a corner lot, it is the remaining
street frontage after the front lot line has been determined.
A lot fronting on two streets that do not intersect on the
parcel's lot lines. May be referred to as "double frontage
lot." (See Figure 17 above)
The dimension of the lot line at the street, or in an irregular
shaped lot the dimension across the lot at the building line, or in
a corner lot the narrow dimension of the lot at a street or building
line.
The complete lighting system, including the lamp and the
fixture.
A single-family dwelling, built off-site in a factory on
or after January 1, 1990, that is placed on a permanent foundation,
is at least 1,000 square feet in size, has a pitched roof and siding
materials that are customarily used on site-built homes, and is in
compliance with the applicable prevailing standards of the United
States Department of Housing and Urban Development at the time of
its production.
The manufacturing of products from raw or unprocessed materials,
where the finished product may be combustible or explosive. This category
shall also include any establishment or facility using large unscreened
outdoor structures such as conveyor belt systems, cooling towers,
cranes, storage silos, or similar equipment that cannot be integrated
into the building design, or engaging in large-scale outdoor storage.
Any industrial use that generates noise, odor, vibration, illumination,
or particulate that may be offensive or obnoxious to adjacent lands
uses, or requires a significant amount of on-site hazardous chemical
storage shall be classified under this land use. Heavy manufacturing
may generate noise, vibration, smoke, or odors outside of the structure
housing the activity or off-site. Activity may occur both indoors
and outdoors.
An establishment engaged in the indoor manufacturing, assembly,
fabrication, packaging or other industrial processing of finished
parts or products, primarily from previously prepared materials where
such process would not typically generate noise, vibration, smoke
or odor. Typically, all manufactured fabricated parts and the final
assembled or packaged 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.
Marijuana means all plant material from the genus Cannabis
containing tetrahydrocannabinol (THC) or seeds of the genus capable
of germination. It 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 provide
topical or oral administrations, food, drink, or other products. The
term also does not include a drug approved by the United States Food
and Drug Administration pursuant to Section 505 of the Federal Food,
Drug, and Cosmetics Act, 21 U.S.C. 301, et seq.
A use operated by a person licensed by the State of Montana
to: (a) plant, cultivate, grow, harvest, and dry marijuana; and (b)
package and relabel marijuana produced at the location in a natural
or naturally dried form that has not been converted, concentrated,
or compounded for sale through a licensed dispensary.
A licensed premises from which a person licensed by the State
of Montana may: (a) obtain marijuana or marijuana products from a
licensed cultivator, manufacturer, dispensary, or other licensee approved
by the State; and (b) sell marijuana or marijuana products to registered
cardholders, adults that are 21 years of age, or both.
A use operated by a person licensed by the State of Montana
to convert or compound marijuana into marijuana products, marijuana
concentrates, or marijuana extract and package, repackage, label,
or relabel marijuana products.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the
weather.
The total amount of sign area permitted for a lot.
Establishments primarily engaged in the provision of broadcasting,
electronic or printed publications containing information and editorials
on current events and news of general interest.
A tower, pole, or similar structure that supports a telecommunications
antenna operated for receiving or transmitting communication signals
in the day today operations of a media company. Such tower, pole,
or similar structure shall be located on the same lot as the media
company utilizing such equipment.
A brewery where the total amount of beer sold or delivered
directly to all retailers does not exceed 10,000 barrels a year and
is licensed in accordance with state law.
Storage facilities intended primarily for domestic usage
and generally do not exceed 400 square feet per unit.
The physical act of transporting a structure from one location
on a lot to another location on the same lot or from one lot in the
city to a different lot in the city.
A non-electric on-premises identification sign giving only
the name, address, and/or occupation of an occupant or group of occupants.
Less than City-wide in scale. Typically this would be an
area of one-half 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,
local recreational facilities or convenience shopping. Residents would
normally be within walking distance of basic convenience services.
Factors such as a railroad and highway rights-of-way, major streets,
rivers and severe topographic constraints will form boundaries and
serve to separate neighborhoods.
Visible light intensity commonly used to specify brightness
of a LCD computer display. One nit is equivalent to one candela per
square meter.
A condition that occurs when, on the effective date of adoption
of this Zoning Ordinance or a previous ordinance or on the effective
date of an ordinance text amendment or rezoning, an existing lot,
structure, building, sign, development, or use of an existing lot
or structure does not conform to one or more of the regulations currently
applicable to the district in which the lot, structure, building,
sign, development, or use is located.
A facility other than a hospital where human patients may
be lodged overnight for up to five days for examination and treatment
by a group of physicians or other health care professionals.
An office for the use of a person or persons generally classified
as professionals, such as architects, engineers, attorneys, accountants,
doctors, dentists, chiropractors, psychiatrists, psychologists, and
the like (but wherein no overnight care for patients is given). This
would also include, but not be limited to, title companies, travel
agencies, insurance companies, real estate offices, and other persons
providing services utilizing training in and knowledge of the mental
discipline as distinguished from training in occupations requiring
mechanical skill or manual dexterity or the handling of commodities.
The map delineating the boundaries of zoning districts which,
along with the zoning text, comprises the Zoning Ordinance.
A space, exclusive of driveways, aisles, maneuvering areas,
ramps, and landscaping areas for the temporary parking of a commercial
vehicle while loading or unloading goods or materials, and which abuts
upon a street, alley, or other appropriate means of access.
Parking facilities for motor vehicles on other than a public
street or alley.
Any part of a lot unobstructed by structure(s) from the ground
upward. Any area used for parking or maneuvering of automotive vehicles
or storage of equipment or refuse shall not be deemed open space.
A small, primarily retail establishment which, in addition
to selling supplies for mailing and shipping, would accept packages
for shipping through private carriers. A public post office is not
a pack and ship shop.
In instances where sublots are created, the parent lot is
defined as the land within the exterior boundaries of those sublots
which are intended to have adjoining structures and intended to be
developed with townhouse-style construction with no setbacks along
the interior sublot lines within the parent lot. Setbacks and other
property development standards are applied to the external boundaries
of the parent lot.
Any area used for the parking of one or more motor vehicles
or used for the display or storage of one or more motor vehicles,
trailers, or other similar items.
A noncommercial, not-for-profit facility designed to serve
the recreation needs of the residents of the community. Such facilities
include mini parks, neighborhood parks, community parks, large urban
parks, regional parks, and special use areas, linear parks and open
spaces, all as described in the Parks and Recreation Comprehensive
Master Plan. Such facilities may also include, but shall not be limited
to, ball fields, football fields, soccer fields, and pools/spray parks
if they meet the above definition. Public parks may include temporary
(one week or less) recreational vehicle parking and camping if done
in conjunction with a sponsored event and at no charge. Commercial
amusement facilities, such as water slides, go-cart tracks, and miniature
golf courses and passive open spaces shall not be considered parks.
(See also: Homeowner's Park)
Having attachment to the ground through the use of a footing
and foundation system in conformity with existing building codes.
An individual's primary place of abode.
Any use authorized or permitted alone or in conjunction with
another use in a specified district and subject to the limitations
of the regulations of such use district.
For the purposes of this chapter, any individual, corporation,
association, firm, partnership, or similarly defined interest.
An establishment primarily engaged in the business of taking
and processing photos, typically with a room designed for portrait
sessions, as distinguished from a retail store which would process
photos taken by a customer.
Lot lines established through the subdivision process.
Advertising of a retail item accompanying its display, e.g.,
an advertisement on a product dispenser.
Pre-release centers are community based correctional facilities
operated by either the State or non-profit Montana corporations under
contract with the Department of Corrections. The facilities provide
supervision, counseling, assistance in locating employment, life skills
training, and guidance. They function as a component of the State
correctional system.
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.
The main structure on a property which would typically house
a principal use.
An establishment primarily engaged in the business of providing
services related to photocopying, printing, and production of documents
for individual customers, as opposed to larger scale printing/publishing
operations.
Standards general relating to bulk and dimensional requirements
which govern the development of land and/or structures.
Any facility to 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 such facility.
A subdivision with uses directly served by railroad and each
individual sub-use is listed as a permitted or conditionally permitted
use within the zone where the subdivision sits.
Any sign which is designed to intermittently change copy,
whether electronically, manually, or by changing panels. In relation
to electronic reader boards, this definition encompasses any sign
that uses changing lights to form a sign message or messages wherein
the sequence of messages and rate of change is electronically programmed
and can be modified by electronic processes.
The rebuilding of a structure in such a manner and to such
an extent as to substantially replace the existing structure.
A commercial recreational land use conducted entirely within
a building, including, but not necessarily limited to, an arcade,
bowling alley, gymnasium, pool or billiard hall, skating rink, swimming
pool, or tennis court.
Predominantly participant uses conducted in open or partially
enclosed or screened facilities. Typical uses include driving ranges,
go-karts, miniature golf, swimming pools, and tennis courts.
A travel trailer or camping trailer designed to be towed,
motorized homes, and pick-up campers or coaches designed and constructed
for human habitation, which can be operated independently of utility
connections and designed to be used principally as a temporary dwelling
for travel, recreation and vacation and is not intended for permanent
or year-round habitation.
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, tents or similar devices used for temporary
(i.e., 180 days or less) living quarters for recreational camping
or travel purposes. (See also: Campground)
The repair or replacement of fixtures, wiring, roofing, plumbing,
or structural components not exceeding 25% of the replacement value
of the building or structure.
In relation to billboards, it is a permit issued to anyone
who permanently removes a lawfully existing billboard which allows
the installation of a new billboard at the same or different location.
Regularly used by its occupants as a permanent place of abode, which is made one's home as opposed to one's place of business and which has housekeeping and cooking facilities for its occupants only. In situations where a dwelling is rented or leased, a residential use would involve lease periods of one month or more unless the provisions of Section 27.20.095 relating to short-term residential rental standards are met.
A facility that provides for long-term residence with one
or more of the following types of care: 24-hour per day substitute
care, food, lodging, training, education, supervision, habilitation,
rehabilitation, and treatment they need, but which for any reason
cannot be furnished in the person's own home.
Any land, permanent building, structure or portion thereof,
where food is provided for sale for consumption on the premises for
three or more persons, or where food is prepared and sold for consumption
off the premises, including a café, coffeehouse, lunchroom,
tearoom, dining room, drivein, carry-out, or other similar establishments,
shall be considered a restaurant; however, any establishment where
the preparation of food is merely incidental to the sale of food products,
such as grocery stores and food markets, shall not be included. Restaurants
and cafeterias connected with the operations of hospitals, nursing
homes, boarding houses, schools, and private industry for employees
and their guests shall be considered as accessory to the principal
use.
A business serving the consumer needs of the general public as opposed to a business that is a producer or a wholesaler of goods. Retail businesses include, but are not limited to, the following: shops, stores, or businesses that sell gifts, cards, appliances, art, art supplies, automobile parts, bicycles, books, stationery, camera supplies, clothing, flowers, groceries, furniture, garden supplies, hardware, toys, paint, shoes, sporting goods, wall and floor coverings, jewelry, electronics, pet and pet supplies, and/or crafts. Except as otherwise referenced elsewhere in this Zoning Ordinance, other uses specifically listed as permitted or conditional uses in Chapters 27.04 through 27.18 shall not be deemed retail businesses for the purpose of this ordinance.
A retail use limited to a specified list provided in the
ordinance.
Any road or street maintained and used for access and travel.
A right-of-way includes not only the constructed roadway, but also
the entirety of the strip of land acquired by reservation, dedication,
prescription, or condemnation, or otherwise set aside, for purposes
of the right-of-way. A right-of-way may be either private (not publicly
owned and maintained) or public.
The lines that form the boundaries of the right-of-way.
See "Street."
A safe house is typically operated as a community based non-profit
organization intended to stop abuse in the family environment by providing
crisis intervention, shelter services for abuse victims, counseling,
advocacy and education without regard to gender, age, race or economic
status. The safe house will typically operate on a 24-hour basis providing
victims of domestic violence and their children a refuge from their
abusers.
A building where instruction is given to pupils in arts,
crafts or trades, and operated as a commercial enterprise as distinguished
from K-12 schools and college/universities endowed and/or supported
by public taxation, or similar private institutions. This category
of use would also include such forms of instruction as music lessons,
martial arts studios and dance studios.
Outdoor establishments primarily engaged in assembling, breaking
up, sorting, and the temporary storage and distribution of recyclable
or reusable scrap and waste materials, including auto wreckers engaged
in dismantling automobiles for scrap, and the incidental wholesale
or retail sales of parts from those vehicles. Includes light and heavy
processing facilities for recycling.
An outdoor area on a lot primarily used for loading, waste
disposal, deliveries, and/or similar activities.
The horizontal distance required between any structure (i.e.,
the furthest extension of the structure, typically an eave line or
deck) and a lot line. This distance is to be measured at right angles
to the lot line. The setback line shall be parallel with the lot line.
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 similar
facilities.
A facility operated by a public or private party wherein
the temporary boarding of the transient, homeless, or indigent is
provided as a public service to satisfy a demonstrated public need.
In relation to light fixtures, shielded means a solid or
opaque covering made of metal, plastic, or similar material which
creates a full cut-off fixture by blocking light emitting from above
a 90 degree angle.
The use of an outdoor area (outdoor) or a structure (indoor)
for archery and/or the discharging of firearms for the purposes of
target practice or temporary competitions.
One or more buildings containing at least three separate
businesses planned, developed and managed as a unit, with off-street
parking provided on the property.
A use that is primarily industrial in nature but provides
limited show room and/or retail floor area for the purpose of display
and sales. The predominate industrial character of the business would
be established by recognized product storage, warehousing, and distribution
of products. These business uses should include the manufacture, storage
and distribution of items as a primary component of the business.
The use may include delivery of items as a routine and regular part
of conducting business. This may include warehousing, staging and
rental or sale of large items or products. This would not include
large scale retail outlets that routinely warehouse and hold large
inventories.
Any device, structure, fixture, attractant, object, holographic,
projected or electronic image, lighting or placard using graphics,
symbols, and/or written copy designed specifically for the purpose
of advertising or identifying any establishment, product, goods, or
service.
Banner.
A sign made of fabric or any non-rigid material with no enclosing
framework.
Campaign and Election.
For the purposes of this Zoning Ordinance, a temporary sign
used in connection with a local, state, or national election or ballot
measure.
Canopy.
Any sign that is a part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. A marquee is not a canopy.
(Figure 18)
Construction Sign.
A temporary sign identifying an architect, contractor, subcontractor,
and/or material supplier participating in construction on the property
on which the sign is located.
Directional/Information Sign.
An on-premises sign giving directions, instructions, or facility
information and which may contain the name or logo of an establishment
but no advertising copy, e.g., parking or exit and entrance signs.
Freestanding and Ground Signs.
A sign supported upon the ground by poles or braces and not
attached to any building. A sign attached to a fence or freestanding
wall shall be considered to be a freestanding sign. (Figure 18)
Government or Traffic Sign.
Any temporary or permanent sign erected and maintained by
the city, county, state or federal government for traffic direction
or for designation of or direction to any school, hospital, historical
site, or public service, property, or facility.
Identification Sign.
A sign whose copy is limited to the name and address of a
building, institution, or person and/or to the activity or occupation
being identified.
Incidental Sign.
A sign, generally informational, that has a purpose secondary
to the use to the zone lot on which it is located, such as "no
parking," "entrance," "loading only,"
"telephone," and other similar directives. No sign with
a commercial message legible from a position off the zone lot on which
the sign is located shall be considered incidental.
Inflatable.
A sign displayed as part of a display inflated with air or
other gas, such as a balloon or inflatable character.
Interior Window Signs.
Signs mounted on the inside of a building window or displayed
in a manner so as to be visible through such a window. (Figure 18)
Marquee Sign.
Any sign attached to or supported by a marquee structure.
(Figure 18)
Off-Premises Sign.
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 does
not include billboards, which are defined separately herein.
Political Sign.
For the purposes of this Zoning Ordinance, a temporary sign
used in connection with a political issue.
Portable Sign.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including,
but not limited to, signs designed to be transported by means of wheels;
signs converted to A or T-frames; reader boards; menu and sandwich
board signs; balloons used as signs; umbrellas used for advertising;
and signs attached to, placed on or painted on vehicles parked and
visible from the public right-of-way, unless said vehicle is used
in the normal day-to-day operations of the business. (Figure 19)
Projecting Sign.
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. (Figure 18)
Real Estate Sign.
A temporary sign advertising the real estate upon which the
sign is located as being for rent, lease, or sale.
Roof.
Any sign erected over or on the roof of a building. (Figure
18)
Sandwich Board.
An advertising or business ground sign constructed in such
a manner as to form an "A" or a tent-like shape, hinged
or not hinged at the top. (Figure 19)
Snipe Sign.
A temporary sign or poster affixed to a tree, fence, etc.
Subdivision Identification Sign.
A freestanding or wall sign identifying a recognized subdivision,
condominium complex, or development.
Subdivision Sales.
A sign erected in conjunction with the initial sale of lots
within a subdivision.
Temporary Sign.
A sign not constructed or intended for long-term use.
Wall Sign.
A sign attached parallel to and extending not more than 18
inches from the wall of a building. This definition includes painted,
individual letter, and cabinet signs, and signs on a mansard. (Figure
18)
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Figure 18: Sign Types
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Figure 19: Sign Types (Temporary Signs)
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Figure 20
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The area of the sign shall be measured as follows:
The area around and enclosing the perimeter of each cabinet,
module, or other signage shall be summed and then totaled to determine
total area. The perimeter of measurable area shall not include embellishments
such as pole covers, framing, decorative roofing, etc., provided that
there is not written advertising copy on such embellishments. (Figure
20)
The area of each cabinet, module, or other signage shall be
within a single, continuous perimeter composed of straight lines which
encloses the extreme limits of the advertising message.
A side of the sign upon which advertising copy is placed.
A sign face may have multiple cabinets or modules. A double-faced
sign is typically comprised of two parallel faces oriented in opposite
directions, but would refer to any sign with an angle of 30 degrees
or less. Signs with an angle of more than 30 degrees are considered
a single face. (Figures 20 and 4)
The vertical distance measured from the highest point of
the sign, including decorative embellishments, to the surface grade
beneath the sign. (See Figure 20)
In relation to fences and landscaping, sight obscuring means
the creation of a visual buffer between adjoining uses, or between
a use and a right-of-way.
A residential structure constructed on the lot where it is
intended to be permanently located.
Engines generally associated with lawnmowers, motorcycle
engine, outboard motors, chain saws, tillers and the like. Does not
include automobile engines.
A place designed for cars to temporarily wait while in a
drive-through lane. Vehicles in stacking spaces typically are left
running with the driver remaining in the vehicle.
Any factory-built container or part thereof designed or used
for freight or storage and includes Conex boxes and sea-land containers.
Conex boxes are lockable box-like containers designed for use by businesses
to ship supplies overseas. Sea-land trailers are semi-truck trailers
with detachable undercarriages that can be stacked for ship or rail
transport.
Any lot, or portion of a lot, which is used for the sole
purpose of the outdoor storage of fully operable motor vehicles, construction
equipment, construction materials, or other tangible materials and
equipment.
In relation to signs, streaming video means the use of moving
video images as signage or as part of a display.
A public or private thoroughfare which affords the principal
means of access to abutting properties.
A combination of materials constructed and erected permanently
on the ground or attached to something having a permanent location
on the ground, including signs. Not included are residential fences
less than six feet in height, driveways, sidewalks, patios and other
at grade improvements, retaining walls, rockeries, and similar improvements
of a minor character less than three feet in height.
Any change in the supporting members of a structure, such
as bearing walls or partitions, columns, beams or girders, sign supports
and frames, or any substantial change in the roof or in the exterior
walls.
Any work which results in the enlargement of a structure's
height, footprint, cubic content, or other measurement of size.
A portion of a platted lot designed for separate ownership
from other portions of the lot and used for townhouse or other construction
that has separate ownership of parcels. Areas of common ownership
to be utilized as open space, setback areas, or for other purposes
are not considered to be sublots.
A commercial use involving the marking of skin of persons
with a design by a process of pricking or ingraining an indelible
pigment or by raising scars, or similar method. A tattoo parlor would
also involve body piercing on any body part below the neck, as opposed
to beauty services.
A company that provides wireless services. As used in this
subsection, "carrier" shall also include companies that
build telecommunications towers and lease tower space to carriers.
A tower, pole, or similar structure that supports a telecommunications
antenna operated for commercial purpose above ground in a fixed location,
freestanding, guyed, or on a building or other structures, as distinguished
from accessory media towers and facilities.
For the purposes of these regulations, temporary shall mean
a limited period of time, generally less than 180 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.
Any premises used by a motor freight company as a carrier
of goods, which is the origin or destination point of goods being
transported, for the purpose of storing, transferring, loading, and
unloading goods.
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained, or
occupied, or any activity, occupation, business, or operation carried
on or intended to be carried on in a building or other structure or
on a tract of land.
See "District, Use"
A public or quasi-public service performing some public service
and subject to special governmental regulations, or a governmental
agency performing similar public services. Such services would typically
include, but are not limited to, water tanks, electric substations,
and TV cable antenna farms. This category is not intended to cover
utility lines, lift stations, and other standard minor infrastructure
components.
Open spaces used for the storage of machinery, equipment,
materials, and supplies used by the utility, and offices used in support
of the utility company.
A building or premises for the medical or surgical treatment
of small or large animals or pets, including dog, cat, livestock or
other large animals. This category includes the boarding of hospitalized
animals, but excluding the boarding of animals not subjected to medical
or surgical treatment.
A building or premises for the medical or surgical treatment
of small animals or pets, including dogs and cats but not livestock
or other large animals. This category includes the boarding of hospitalized
animals, but excludes the boarding of animals not subjected to medical
or surgical treatment.
See "Sight Obscuring"
A use where goods are received and/or stored for delivery
to the ultimate customer at remote locations.
An establishment, relatively small in scale, where furniture
or other items made primarily of wood are constructed through manual
labor (with or without the use of power tools) as opposed to larger
scale operations, particularly those using automated equipment.
A space on the same lot with a principal building, which
is open and unoccupied other than by steps, walks, terraces, driveways,
lamp posts and similar structures, and unobstructed by structures,
except as otherwise provided in this Zoning Ordinance. (See also:
Lot Line)
The minimum dimension of a front, side, rear, or side corner
yard as established by the use regulations for each district.
In relation to sublots, zero lot line means that there is
no required setback from the interior sublot boundaries within the
parent lot.
(Ord. 1677, 7-19-2010; amd. Ord. 1712, 3-19-2012; Ord. 1744, 10-6-2014; Ord. 1771, 6-6-2016; Ord. 1778, 12-19-2016; Ord. 1824, 3-18-2019; Ord. 1861, 8-2-2021; Ord. 1866, 10-18-2021)
