For the purpose of this title, words used in the present tense shall also include the future; words or phrases used in the singular shall also include the plural, words used in the plural shall also include the singular; the word "building" includes structure and "structure" includes building; the words "used" and "occupied" shall include within their meaning "intended, arranged, or designed to be used or occupied." The word "person" shall include corporation, individual, partnership, trustee, or other legal entity. Where other definitions are necessary and are not defined in this chapter, the current version of the American Planning Association Planner’s Dictionary may be used. When no definition is available, the town manager or designee may issue a formal definition. Certain terms and words are defined as follows.
(Ord. 276 Exh. 1, 2024)
"Accessory use or building"
means the use of land or a subordinate building or a portion of a main building, such use being secondary to or incidental to the principal use or structure.
"Alley"
means a right-of-way, dedicated to public uses, which gives a primary or secondary means of vehicular access to the rear or side of properties otherwise abutting a street, and which may be used for public vehicular or utility access.
"Amusement center"
means a place or facility where recreation activities, arcade/video games or other similar electronic games are played for amusement only. Shall not be construed so as to include bingo games nor shall it be construed so as to include gambling devices or any other devices prohibited by law.
"Animal-drawn carriage"
means any carriage, buggy, rickshaw, or similar device drawn by one or more persons or animals in which the public, for a fee, is allowed to ride for purposes of transportation, entertainment, or amusement.
"Apartment"
means a building or portions thereof designed with more than four individual dwelling units.
"Architectural feature"
means a part, portion, or projection that contributes to the beauty or elegance of a building or structure, exclusive of signs, that is not necessary for the structural integrity of the building. "Architectural feature" includes belfries, cornices, chimneys, canopies, eaves, balconies, steeples, or other similar features.
"Automobile wrecking"
means the dismantling or wrecking of a used motor vehicle or trailer and includes the storage, sale or dumping of dismantled, or partially dismantled, obsolete, or wrecked vehicles, trailers or other parts.
(Ord. 276 Exh. 1, 2024)
"Boarding, lodging, or rooming house"
means a building, or portion thereof, other than a hotel, rest home, or home for the aged where lodging or lodging and meals exclusive of the operator’s immediate family are provided for compensation.
"Building"
means any structure built for support, shelter, or enclosure of persons, animals, or property of any kind.
"Building height"
means the vertical distance from the average elevation of the proposed finished grade at the front of a building to the highest point of any element of the building not defined as an architectural feature.
"Building official"
means that official designated by the town manager, or their designee, as the official responsible for accepting, reviewing, and approving or rejecting plans for buildings or occupancy, and applications for building and occupancy permits, and for interpretations and enforcement of ordinances related thereto.
"Building perimeter"
means the foundation walls of a building and/or supports for appendages thereto.
(Ord. 276 Exh. 1, 2024)
"Campsite"
means an area specifically designated or marked for camping.
"Casino"
means a commercial facility where patrons wager money on the outcome of a game or sporting event.
"Church"
means a building designed for public worship by any religious body.
"Clinic"
means a place used for the care, diagnosis, or treatment of sick, ailing, infirm, or injured persons and those who need medical or surgical attention, but who are not kept overnight on the premises.
"Clubs, fraternal lodges"
means buildings, facilities or premises owned and/or operated by a corporation, association, person, or persons for a social, educational, charitable or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
"Communications tower"
means any ground-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above ground. This includes any tower used to communicate public safety or emergency service information.
Conditional Use.
See "Use, conditional."
"Condominium"
means a multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of state and local laws.
(Ord. 276 Exh. 1, 2024)
"Day and youth camps"
means premises and facilities used occasionally or periodically for the accommodation of members of groups or associations for outdoor recreational activities.
"Density"
means the total number of dwelling units allowed per gross acre.
"Dwelling"
means a building or portion thereof designed with one or more dwelling units.
Dwelling, Duplex.
"Duplex dwelling" means a single building with a total of two dwelling units.
Dwelling, Multi-Unit.
"Multi-unit dwelling" means a building designed with five or more dwelling units.
Dwelling, One-Unit.
"One-unit dwelling" means a building designed with one dwelling unit within the building.
"Dwelling unit"
means a building or portion thereof providing cooking, eating, sleeping, sanitary, and living facilities.
(Ord. 276 Exh. 1, 2024)
Fallout Shelters.
Fallout shelters to protect human life during periods of danger may be constructed in, or under, any required yard except that if constructed in a front yard or side yard none of it may protrude above the average grade of the lot.
"Finished good"
means materials or products which have received the final increments of value through manufacturing or processing operations, and which are being held in inventory for delivery, sale, or use to the final consumer.
"Floor area"
means the total number of square feet of floor space within the exterior walls of a building.
"Fourplex"
means a building containing four individual dwellings. Accessory dwelling units are not included in this definition.
"Fuel service stations"
means any building or portion thereof and the land upon which it is situated used for supplying fuel and/or oil for motor vehicles at retail direct to the consumer and/or used for making minor vehicle repairs. Reference Section 17.04.220 for the definition of "minor vehicle repairs."
(Ord. 276 Exh. 1, 2024)
Garage, Automotive Repair.
"Automotive repair garage" means any building or premises used for major repairs of motor vehicles for compensation but not including auto wrecking, storage of wrecked cars, nor structures used for private vehicle repairs. Repair activity shall be conducted in enclosed places or screened from public view.
Garage, Residential.
"Residential garage" means a building or structure, or part thereof, used or designed to be used for the parking and storage of vehicles.
"Growth policy"
means a document or any portion thereof adopted by the town council which shall guide the town in terms of project review and growth within the town limits.
(Ord. 276 Exh. 1, 2024)
"Home occupation"
means the use of a portion of a dwelling as an office, studio, or work room for occupations at home, when clients visit the home or if service is rendered on the property, by one or more persons residing in the dwelling unit. No home occupation shall occupy more than twenty percent of the gross floor area nor more than four hundred square feet of gross floor area. The activity must be clearly incidental to the use of the dwelling for dwelling purposes and shall not change the character or appearance thereof.
"Hospital"
means a facility or institution providing health care services, primarily for in-patients and medical or surgical care of the sick or injured, including out-patient departments, training facilities, central service facilities and staff offices.
"Hotel"
means a building or structure kept, used, maintained as, advertised as, or held out to the public to be a hotel, motel, inn, motor court, tourist court, public lodginghouse, or similar name. A place where sleeping accommodations are furnished for a fee to transient guests, with or without meals.
(Ord. 276 Exh. 1, 2024)
"Independent recreational vehicle"
means a recreational vehicle that has a toilet, lavatory, bathing facilities, and waste holding tank. Omission of any of these facilities will classify the recreational vehicle as a dependent recreational vehicle.
"Independent recreational vehicle site"
means that part of an individual lot which has been reserved for the placement of an independent recreational vehicle and appurtenant structures.
"Industrial use"
means the refinement of raw products used in the creation of future goods. This excludes any process that provides a consumer ready product.
"Interior park"
means public property that is interior to a block typically used for dumpsters, parking, propane tanks, snow storage, utility placement and maintenance, and similar accessory uses.
(Ord. 276 Exh. 1, 2024)
"Junk yard"
means primary or accessory use of a parcel of land for the storage, dismantling or selling of cast-off or salvage material of any sort in any other than the original form in which it was manufactured and/or assembled, thus, not including reconditioned second-hand furniture, fixtures, or antiques sold from within a walled building.
(Ord. 276 Exh. 1, 2024)
"Landscaping"
means the placement of ornamental fixtures such as fountains, ornamental walls, fences, benches, along with vegetative plantings of trees, shrubs, grass, flowers, etc. This definition shall also include the designing of the placement of such materials.
"Limited services campground"
means a campground used for public camping that is accessible by a motorized vehicle and provides the following services only: electricity, an adequate and potable water supply, adequate sewage disposal, and adequate solid waste disposal.
"Live-work units"
means buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.
Loading Berth, Off-Street.
"Off-street loading berth" means an off-street space or berth on the same lot with a principal building for the parking of commercial vehicles while loading or unloading materials and which has direct access from a public street or alley.
"Lot"
means land held as an individual unit of ownership shown on the most recent plat or other record of ownership.
Lot, Corner.
"Corner lot" means a lot situated at the junction of and abutting on two or more streets or an alley and a street.
"Lot coverage"
means the total area of a lot covered by any structure or building on the lot.
Lot Line, Front.
"Front lot line" means the lot line that abuts a public or private road which lends its name to the address of any structure or use on a property.
Lot Line, Rear.
"Rear lot line" means the lot line that is opposite and most distant from the front lot line as defined.
Lot Line, Side.
"Side lot line" means the lot line that does not meet the definition of front or rear lot line.
"Lot lines"
means the lines bounding a lot as defined in this chapter.
"Lot width"
means the width of a lot along the frontage thereof and lying a distance equal to the required front yard setback on such lot.
(Ord. 276 Exh. 1, 2024)
Manufacturing, Heavy.
"Heavy manufacturing" means the activities or processes that would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.
Manufacturing, Light.
"Light manufacturing" means the creation, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing and custom manufacturing.
"Mobile food vendor"
means a temporary food service establishment that is a vehicle mounted food service establishment designed to be readily movable.
"Mobile home"
means a transportable structure built on a chassis and designated to be used, without a permanent foundation, as a dwelling unit when connected to sanitary facilities (the phrase "without permanent foundation" indicates that the support system is constructed with the intent that the mobile home placed thereon will be moved from time to time at the convenience of the owner).
"Mobile home park"
means a parcel of land that has been planned and improved for the placement of mobile homes for residential use. Mobile home parks shall undergo the subdivision exemption process dictated by Montana Code Annotated.
"Mobile home stand"
means that part of an individual lot which has been reserved for the placement of a mobile home, appurtenant structures, or additions.
Motel.
See "hotel."
(Ord. 276 Exh. 1, 2024)
"Parking lots"
means a structure or an area, other than a public street or alley, designed or used for the temporary parking of motor vehicles and available for public use whether free, for com-pensation, or as an accommodation for customers or clients.
Parking Space, Off-Street.
"Off-street parking space" means a space located off any public right-of-way which meets the size requirements outlined in Chapter 17.37 for parking of any motor vehicles, with room to get out of either side of the vehicle, with adequate maneuvering space, and with access to public streets or alleys.
"Parkway"
means a secondary public access that provides travel lanes through a block that is not a named street.
"Personal service establishment"
means a business which provides services such as banks, hairdressers, shoe repair, tattoo parlors, tanning salons, and real estate services. These uses may also include accessory retail sales of products related to the services provided.
"Planned unit development"
means an area of land in single ownership or control to be developed as a single integrated unit, the plan for which may not correspond in lot size, bulk or type of building, density, lot coverage, use, and required open space of the regulations established in the district.
"Prefabricated home"
means a partially constructed factory fabricated building unit which will be substantially assembled on site, utilizing premanufactured component parts. This term is intended to include modular housing. This term shall not be construed to include "mobile homes" as defined in Section 17.04.130.
"Professional business offices"
means offices to be occupied by accountants, architects, dentists, doctors, engineers, lawyers, insurance agents, real estate agents, or other professions which are of a similar nature.
"Public park"
means a natural or landscaped area, buildings, or structures, provided by a unit of government, to meet the active or passive recreational needs of people.
(Ord. 276 Exh. 1, 2024)
"Recreation area"
means an area including open spaces, playgrounds, buildings, and apparatus designed for recreational activities set aside for the use of the mobile home park residents.
"Restaurant, cafe, or drive-in restaurant"
means a public eating house.
"Retail sales"
means an establishment selling goods, wares, or merchandise directly to the ultimate consumer.
Rooming House.
See "Boarding, lodging, or rooming house."
Rooming Unit.
See "Unit, rooming."
(Ord. 276 Exh. 1, 2024)
"Salvage yard"
means a facility or area for storing, keeping, selling, dismantling, shredding, compressing, or salvaging scrap or discarded material or equipment.
"Screened"
means concealed or cut off from direct visual contact using fencing or vegetation.
"Setback"
means the horizontal distance required between any structure and a lot line. This distance to be measured at right angles (perpendicular) to the lot line.
"Shopping center"
means one or more buildings containing at least three separate retail businesses planned, developed, and managed as a unit, with off-street parking provided on the property for all properties.
"Short-term rental(s)"
means a transient vacation rental or use in which overnight accommodations are provided in dwelling units to guests for compensation, for periods of less than thirty days.
"Sign"
is defined by the current edition of the Uniform Sign Code of the International Conference of Building Officials.
Splash Pad, Public.
"Public splash pad" means an artificially constructed public recreation area for water play over which water is sprayed but is not allowed to pool.
"Street"
means a public thoroughfare, including road, highway, drive, lane, avenue, place, boulevard, and any other thoroughfare that affords the principal means of access to abutting property.
"Structural alteration"
means any change in the shape or size of any portion of a building or of the supporting members of the building or structure such as walls, columns, beams, arches, girders, floor joist, or roof joist.
"Structure"
means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.
Swimming Pool, Private.
"Private swimming pool" means a recreation facility designed and intended for water contact activities that serves a single-unit dwelling(s), duplex dwellings, or multifamily dwellings, or combinations thereof, including pools owned or controlled by a neighborhood club or similar organization and not open to the general public.
Swimming Pool, Public.
"Public swimming pool" means a recreation facility designed and intended for water contact activities that is open to the general public and that is operated as a business or as a club unless such club is associated with a neighborhood club or similar organization.
(Ord. 276 Exh. 1, 2024)
"Timeshare interest,"
as used in the definition of timeshares, is the right to exclusively occupy an accommodation for a period of time on a recurring basis pursuant to a timeshare plan, whether or not coupled with an estate in real property.
"Timeshare plan,"
as used in the definition of timeshares, is any arrangement, plan, scheme, or similar device, whether established by membership agreement, sale, lease, deed, license, right-to-use agreement, articles of organization or incorporation, operating agreement or bylaws, or by any other means, whereby a purchaser receives the right to exclusive use of an accommodation(s) or portion thereof, according to a fixed or floating time schedule, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. A timeshare plan shall be deemed to exist whenever such recurring rights of exclusive use to the accommodation(s), or portion thereof, are created, regardless of whether such exclusive rights of use are a result of a grant of ownership rights, possessory rights, membership rights, rights pursuant to contract, or ownership of a fractional interest or share in the accommodation(s), and regardless of whether they are coupled with an estate in real property such as a freehold interest or an estate for years in the property subject to the timeshare plan.
"Timeshare use"
means the use of one or more accommodations or any part thereof, pursuant to a timeshare plan.
"Tower"
means a structure consisting of a single pole of any kind or poles connected by cross arms or cross members, either welded, bolted, or fastened together in any way, used for signaling, broadcasting, or communications equipment or for any other purpose.
"Townhouse"
is a one-unit dwelling unit which is part of a group of two or more such units separated by a common party wall, having no doors, windows, or other provisions for human passage or visibility. Each one-dwelling unit shall be attached by not more than two party walls. Where units are offset from one another and a common party wall is used, the wall may be placed equidistant on each side of the lot line not exceeding the length of the offset.
"Townhouse group"
means a cluster or grouping of townhouse units containing not less than two nor more than six individual townhouse dwelling units contiguous to one another.
"Travel trailer"
means a vehicular portable enclosure designed as a temporary dwelling for travel, recreation, and vacation uses.
"Travel trailer park"
means any area or tract of land rented or held out for rent to one or more persons or users for parking or placement of individual recreational vehicle for, not to exceed fourteen consecutive days, recreational or vacation housing.
"Triplex"
means a building containing three individual dwellings. Accessory dwelling units are not included in this definition.
(Ord. 276 Exh. 1, 2024)
Unit, Efficiency.
"Efficiency unit" means an apartment unit with unseparated area for sleeping and/or cooking.
Unit, Rooming.
"Rooming unit" means a space for human occupancy lacking private bath and/or kitchen facilities with a floor area of at least four hundred fifty square feet.
"Use"
means any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied or any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
Use, Conditional.
"Conditional use" means uses, other than permitted uses, that may be allowed in a specific district but requiring additional safeguards to maintain and assure the health, safety, and general welfare of the community and to maintain the character of the district.
(Ord. 276 Exh. 1, 2024)
"Variance"
means the relaxation of the strict application of the terms of this title with respect to mechanical requirements such as setback requirements, yard requirements, area requirements, etc., where specific physical conditions unique to the site of the lot would create a hardship by making its development for uses difficult or impossible.
Vehicle Repairs, Major.
"Major vehicle repairs" means the repair or replacement of frames and bodies, including but not limited to painting, of vehicles of all weights and sizes, and the repair or replacement of engines, transmissions, power trains and wheels of vehicles. This includes such things as oil changes, transmission flushing, tire replacement, and any mechanical repairs.
Vehicle Repairs, Minor.
"Minor vehicle repairs" means the replacement of parts and motor services to passenger cars and trucks not exceeding one-and-one-half-ton capacity including wiper blade replacement, battery replacement, and headlight replacement, but not including repairs specified under "Major vehicle repairs."
(Ord. 276 Exh. 1, 2024)
"Walk up business"
means an establishment which sells at retail certain foods readily prepared for immediate consumption without facilities and services customarily incidental to a restaurant operation, including but not limited to waiter service. This does not include mobile food vendors. "Walk up business" also means exterior automatic tellers or exterior walk up teller (banking) windows and the like.
Water Park, Public.
"Public water park" means a recreational park or facility in which the primary functions are entertainment and activities using water.
"Wholesale establishment"
means an establishment for the sale of goods and merchandise for resale instead of direct consumption.
(Ord. 276 Exh. 1, 2024)
Yard, Front.
"Front yard" means an open space extending across the full width of the lot between the front building line and lot line abutting the street. The front lot line is defined as the lot line from which any structure receives a street address.
Yard, Rear.
"Rear yard" means an open space extending across the full width of the lot between the rear building line and the lot line opposite and most distant from the front lot as defined.
Yard, Side.
"Side yard" means an open space extending from the side building line to a side lot line as defined.
(Ord. 276 Exh. 1, 2024)
"Zero lot line"
means the elimination of a side setback to allow a structure to cross property lines. A zero lot line may only be used for single-unit dwellings, but only to create a zero lot line on one side of any two lots.
(Ord. 276 Exh. 1, 2024)