DEFINITIONS
ABUT OR ABUTTING: | To touch or share a contiguous boundary or border. |
ACCESS (DRIVEWAY): | See definition Driveway, Access. |
ACCESSORY STRUCTURE: | A subordinate structure detached from but located on the same lot as a principal building. The use of an accessory structure must be identical and accessory to the use of the principal building. Accessory structures include sheds and decks. This definition excludes detached garages, carports, children’s playhouse equipment, screening, and fencing. |
ACCESSORY USE: | Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this ordinance; clearly incidental to, subordinate in purpose to, and serves the principal use. |
ALLEY: | A minor public street that is used primarily for vehicular service access to the back or the side of properties having principal frontage on another Street. |
ALTERATION: | Any change, addition, or modification in construction or occupancy. |
ART/PUBLIC ART: | Items expressing creative skill or imagination in a visual form, such as painting, graphic art, murals, and sculpture, intended to beautify or provide aesthetic influences to public areas or areas visible from public areas. |
AWNING: | A roof-like covering consisting of fabric, plastic or structural protective cover that projects from the wall of a building that generally serves the purpose of shielding a doorway, entrance, window, or outdoor service area from the elements or to provide decorative distinction. |
BERM: | A vegetated, elongated earthen mound. |
BUFFER YARD: | A land area required under the provisions of this ordinance to separate different classifications of land uses from each other. |
BUILDING: | Any structure built for support, shelter, or enclosure of persons, animals, chattels, or property of any kind. |
BUILDING HEIGHT: | The maximum vertical dimension measured from the average finished lot grade at the front of the principal building to the highest point of the roof. For accessory buildings, the height shall be measured from the lowest point of grade elevation adjacent to any wall of the structure to the highest point of the roof or the mean point between the eaves and ridge for gable, hip and gambrel roofs. Amendment recommended by staff after the Planning Board hearing. |
BUILDING INSPECTOR: | That official designated by the city council as the official responsible for accepting, reviewing and approving, or rejecting plans for buildings and applications for building and land use permits and for interpretation and enforcement of ordinances related thereto. |
CONDITIONAL USE: | See definition Use, Conditional. |
DENSITY: | The total number of dwelling units allowed per gross acre of land. |
DEVELOP: | The act of constructing buildings or installing site improvements. |
DEVELOPABLE LAND: | Land that may be subdivided and utilized in accordance with the comprehensive plan of the city and other city policies. |
DIAMETER AT BREAST HEIGHT (DBH): | The diameter of a tree trunk measured at a point 4.5 feet above ground level at the base of the tree. |
DRIVEWAY (OR DRIVE): | A hard surface for motor vehicles that leads from a public way to a residential garage or other building. |
DRIVEWAY, ACCESS: | The means by which vehicles enter and exit the required off-street parking spaces between the street right of way/property line and the off-street parking space. Access (driveway) shall be surfaced in the same manner as the off-street parking area that it serves to a minimum width of nine feet (9'). |
DRIVEWAY THROAT: | A depression in the curb for the purpose of accommodating a driveway, which provides vehicular access between private property and the street or easement. Where there is no curb, the point at which the driveway meets the roadway pavement shall be considered the curb-cut. |
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DUMPSTER: | A container with a capacity of more than 1.5 cubic yards or a height of more than 4.5 feet designed to receive, transport, and deposit waste materials produced by uses on the subject site. Dumpsters are typically designed to be hoisted and emptied into a garbage truck. |
DWELLING: | A building or portion thereof, but not a lodging use, designed or used exclusively for residential occupancy. |
DWELLING UNIT: | One or more rooms are arranged, designed and used as living quarters for one household. Individual bathroom(s) and complete kitchen facilities, permanently installed, must always be included for each “dwelling unit.” |
EASEMENT: | Any area of land reserved for public utilities, sanitation, or other specific uses having limitations, the title to that must remain in the property owner’s name, subject to the right of use designated in the reservation of servitude. |
ELECTRIC VEHICLE: | Any vehicle licensed and registered for operation on public and private highways, roads, and streets; either, partially or exclusively, on electrical energy from the grid or an off-board source that is stored on-board via a battery. “Electric vehicle” includes: (1) battery electric vehicles; and (2) plug-in hybrid electric vehicles. |
ELECTRIC VEHICLE (EV) CHARGING STATION: | A public or private parking space that is served by battery charging station equipment. |
ELECTRIC VEHICLE CHARGING STATION, PRIVATE (RESTRICTED- ACCESS): | An EV charging station that is not available to the general public. Examples include electric vehicle charging stations that serve residential homeowners or renters, executive parking areas, designated employee parking areas and fleet parking areas. |
ELECTRIC VEHICLE CHARGING STATION, PUBLIC: | An EV charging station that is accessible to and available by the general public. |
ELECTRIC VEHICLE PARKING SPACE: | Any parking space clearly identified to be used exclusively for parking an electric vehicle. |
FENCE: | An enclosure or barrier, such as wooden posts, wire, iron, etc., used as a boundary, means of protection, privacy screening or confinement, but not including hedges, shrubs, trees, or other natural growth. |
FLOOR AREA: | The total number of square feet of floor space within the exterior walls of a building (floor areas of basements shall not apply as part of the required minimum floor area of buildings). |
FOOT-CANDLE: | A measure of illumination, the amount of light falling onto a surface. One lumen of light, shining evenly across one square foot of surface, illuminates that surface to one foot-candle. |
GARAGE, ATTACHED: | An enclosed building for the storage of motor vehicles that is connected to a structure by a common wall. |
GARAGE, PRIVATE (RESIDENTIAL): | Enclosed building space accessory to a single-household of two household use for the storage of motor vehicles. |
GARAGE SALE: | The sale of personal household goods on a residential property. The term garage sale includes rummage sales, lawn sales, yard sales, attic sales, moving sales, and the like; provided, however, that rummage sales are allowed on a residential property no more than three times per calendar year with a maximum duration of 3 consecutive days. |
GRADE: | The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure. |
GRADE, FINISHED: | The vertical location of the ground or pavement surface after site grading work is completed in accordance with an approved plan. |
GREEN ROOF: | An extension of an above-grade building roof that includes at least a waterproof membrane, a root |
repellent system, a drainage system, a filtering layer, soil with a minimum depth of 3 inches and native or naturalized plants. Also commonly referred to as a “vegetated roof.” | |
GROUND COVER: | Herbaceous broad leaf plants that do not exceed 2 feet in height. |
GROUND FLOOR: | That level of a building on a site that has its floor line at or not more than 3 feet above the grade of its principal discharge. |
GUEST: | A person who occupies or has the right to occupy a lodging room as an overnight or temporary residence. |
GROWTH POLICY: | any document or portion of any document duly adopted by the city council intended to guide the growth and development of the area. |
HEDGE: | A row of closely planted shrubs, bushes, or any plant forming a boundary or fence. |
HOMEOWNER ASSOCIATION: | See Property owner association. |
LANDSCAPE STRIP: | An area that includes plantings of grass, ornamental shrubs, trees, or other ornamental ground covers that are intended to provide a visual separation between different uses, including, but not limited to, parking areas, buildings, and sidewalks. |
LANDSCAPING: | The placement of ornamental fixtures such as fountains, ornamental walls, fences, and benches, along with vegetative planting of trees, shrubs, grasses, flowers, etc. This definition shall also include the designing of the placement of such materials. |
LANDSCAPING ISLAND: | An area of a pervious surface within an off-street parking lot that is intended for the placement of vegetation or stormwater run-off management devices. |
LAWFULLY ESTABLISHED: | A use, structure, lot or sign (as the context indicates) that was established in conformance with all applicable zoning code regulations in effect at the time of its establishment. |
LIGHT TRESPASS: | Light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located. |
LOADING BERTH, OFF-STREET: | An off-street space or berth on the same lot with a principal building for parking a commercial vehicle while loading or unloading merchandise and which has direct access from a public street or alley. |
LOT: | A parcel or plot of land shown as an individual unit of ownership on the most recent plat or other records of subdivision. |
LOT AREA: | The total horizontal area within the boundary lines of a lot. Except as herein provided, no alley, public way, public land or area proposed for future street purposes shall be included within the area of a lot. |
LOT, CORNER: | A lot situated at the intersection of two or more streets, having an angle of intersection of not more than 135 degrees. |
LOT COVERAGE: | The total area covered by the principal and accessory buildings. |
LOT DEPTH: | The horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines. |
LOT, INTERIOR: | A lot other than a corner lot. |
LOT LINES: | The lines bounding a “lot” as defined herein. |
LOT, THROUGH: | A lot, other than a corner lot, having frontage on two or more streets. |
LOT WIDTH: | The horizontal distance between the side lot lines, as measured along a line parallel with the front street line. |
MANUFACTURED HOME: | A factory-built or manufactured transportable residential structure more than thirty-two (32) body feet in length and eight feet (8') or more in width, and built on one or more permanent chassis for towing to the point of use, and designed to be used without a permanent foundation as a dwelling unit when connected to sanitary facilities, and which bears an insignia issued by a state or federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the United States department of housing and urban development definition of manufactured home. The phrase “without permanent foundation” indicates that the support system is constructed with the intent that the manufactured home placed thereon can be moved from time to time at the owner’s convenience. A commercial coach, recreational vehicle, and motor home is not a manufactured home. |
MECHANICAL EQUIPMENT: | All air conditioning units, cooling towers, heaters, ventilators, compressors, flues, stacks, chimneys, and similar items are exposed to view outside of a building. |
MEZZANINE: | An intermediate story between the floor and ceiling of a main story and extending over only part of the main floor. |
MODULAR HOME: | meets the following: A factory-fabricated structure designed primarily for human occupancy to be used by itself or to be incorporated with similar units at a building site into a structure on a permanent foundation and which complies with the Belgrade adopted building, plumbing, electrical, and mechanical construction codes and the rules and regulations for modular housing or the building code division of the Montana department of administration. The term is intended to apply to major assemblies. It does not include prefabricated panels, trusses, plumbing, trees, and other prefabricated sub-elements to be incorporated into a structure at the site. The meter base for incoming wiring is attached to the exterior wall of the modular home, whereas, for a manufactured home, the meter base must be attached to a pole or support that is isolated from the structure. The county assessor will list and assess the units as real or personal property. Modular homes which meet the international building code will be considered the same as conventional homes for the purposes of this title. |
MOTOR VEHICLE: | Any licensed passenger vehicle, truck, truck-trailer, trailer, or semitrailer propelled or drawn by mechanical power. |
NON-CONFORMING STRUCTURE OR USE: | A use or structure that lawfully occupied a building or land at the time this title or any amendments become effective and does not conform with the use regulations of the district in which it is located. |
NONCONFORMITY: | A nonconforming lot, nonconforming use, nonconforming structure, nonconforming development feature or nonconforming sign. |
NONRESIDENTIAL DISTRICT OR NONRESIDENTIAL ZONING DISTRICT: | Any zoning district other than an R (residential) district. |
OPEN SPACE: | An area or portion of a lot, or an area of water or combination thereof, that is sought to be reserved in its natural state or for agriculture, outdoor recreation use or for, scenic purposes, or for the enjoyment of the inhabitants of a dwelling unit. |
OUTLOT: | A parcel of land other than a lot or block, a remnant parcel of land not used for building purposes. |
OPERABLE VEHICLE: | Any passenger vehicle, truck, truck trailer, trailer, semi-trailer, or any vehicle propelled or drawn by mechanical power, or heavy equipment machinery that is licensed for the current year and/or can be operated in a manner consistent with the user’s manual. |
OVERLAY DISTRICT: | A zoning district that overlays one or more base zoning districts and imposes requirements in addition to those of the base district or modifies the regulations otherwise applicable in the base zoning district. |
PARKING LOT: | 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 compensation, or accommodation for customers or clients. |
PARKING SPACE, OFF-STREET: | A space located off any public right of way which is at least nine feet by eighteen feet (9' x 18') in size for parking any motor vehicle, with room to get out of either side of the vehicle, with adequate maneuvering space, and with access to public streets or alleys. |
PEDESTRIAN WAY: | A right-of-way designed for the purpose of providing pedestrian access. |
PERSON: | A living human body. |
PHILANTHROPIC: | A charitable institution. |
PLAYHOUSE, CHILDREN’S: | A freestanding structure, exclusively for the use of children, with a maximum height of 12 feet and an area not to exceed 120 square feet. |
PERVIOUS SURFACE: | An area maintained in a natural condition or covered by a natural material that permits infiltration or percolation of water into the ground. To include surface that use grid systems with vegetation in between and paver systems that allow water to infiltrate or percolate through at ninety percent (90%). Pervious pavers cannot be used to cover more than the twenty-five percent (25%) of required pervious area. |
PRINCIPAL BUILDING: | A building or combination of buildings of chief importance or function on a lot. In general, the principal use is carried out in the principal building. |
PRINCIPAL USE: | A use or activity or combination of which are of chief importance on the lot; one of the main purposes for which the land, buildings or structures are intended, designed or ordinarily used. |
PRIVATE GARAGE: | A detached accessory or portion of a main building housing the automobiles of the occupants of the premises, but not commercial buildings. |
PROHIBITED USES: | In specific districts, prohibited uses are those uses not specifically enumerated as permitted uses. Prohibited uses are listed in this title for the purposes of clarity and emphasis only. Prohibited uses include, but are not limited to, the enumerated prohibited uses. No use of any property or structure in any district shall be permitted or conditionally permitted that is in violation of federal, state, or local law. |
PROPERTY OWNER ASSOCIATION (POA): | Also called a homeowner association (HOA), a POA is a non-profit entity operating under recorded land agreements in a subdivision, planned community, or condominium building governed by internal by-laws that make and enforce rules for properties, residents, guests, and common areas. Members pay dues, which are enforced through liens for non-payment. |
PUBLIC AND QUASI PUBLIC BUILDING: | Include public, semipublic, and private elementary schools, high schools, civic buildings, community buildings and uses, museums, art galleries, firehouses, post offices, police stations, reservoirs, senior and youth centers, libraries, parks, hospitals, sanatoriums, institutions for philanthropic or charitable purposes other than correctional, essential services and similar uses. |
PUBLIC WAY: | Any sidewalk, street, alley, highway, or other public thoroughfare. |
RECREATIONAL VEHICLE (RV): | a self-propelled or towed vehicle designed as a temporary dwelling for travel, recreation, and vacation uses. Towed recreational vehicles shall not be more than eight feet (8') in body width. |
RESIDENTIAL: | A single unit providing complete, independent living facilities for one or more persons, including permanent living, sleeping, eating, cooking, and sanitation provisions. This includes manufactured homes. |
RIGHT-OF-WAY: | A strip of land occupied, or intended to be occupied, for a public or quasi-public use. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency, must be dedicated to public use by the maker of the plat on that such right-of-way is established. The usage of the term “right-of- way” for land platting purposes means that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from other lots or parcels adjoining such right-of-way and not included within the dimension or areas of such lots or parcels. |
SCREENED: | Concealed or cut off from direct visual contact. |
SETBACK: | The horizontal distance required between any structure 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. See 10-1-6 for Interpretation and Measurements. |
SHOPPING CENTER: | A group of retail commercial establishments involved in the sale of a general line of clothing apparel and accessories, home furnishings, major and minor household appliances, hardware, toys, electronic goods, eating establishments, and other consumer products and services that are planned and developed as a unit with a minimum of 50,000 square feet of gross floor area and off-street parking provided on the lot or parcel on that the shopping center is located. |
SIDEWALK: | That portion of a street right-of-way or cross walkway, paved or otherwise surfaced, intended for pedestrian use only. |
SOLAR ENERGY SYSTEM: | A system intended to convert solar energy into thermal, mechanical or electrical energy. |
SOLAR ENERGY SYSTEM, BUILDING- INTEGRATED: | A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural part of the building. Building- integrated systems include, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, windows, skylights, shading devices and similar architectural components. |
SOLAR ENERGY SYSTEM, STRUCTURE- MOUNTED: | A solar energy system that is mounted on the facade or roof of either a principal or accessory structure. |
SOLAR ENERGY SYSTEM, FLUSH-MOUNTED: | A solar energy system that is mounted flush with a finished building surface, at no more than 6 inches in height above that surface. |
SOLAR ENERGY SYSTEM, GROUND-MOUNTED: | A solar energy system mounted on the ground and not attached to any other structure other than structural supports. |
SOLAR PANEL: | A group of photovoltaic cells assembled on a panel. Panels are assembled on-site into solar arrays. |
SPECIAL EVENT: | An temporary event or group of related temporary events typically involving a mass gathering of people on public right-of-way or public property; or on private property in a manner that significantly impacts public property or right-of-way. |
STAND, FRUIT OR PRODUCE: | Building or premises used primarily for sale of fruit or produce from a service window, counter, or exterior area of a building; and major display of goods in an exterior or semi-enclosed area associated with a building. |
STORY, GROUND: | Also called ground floor. The story closest to the ground level that does not meet the definition of a basement. |
STOCK-IN-TRADE: | Inventory held by a business for sale in the ordinary course of business or the equipment, materials, and tools required for the performance of a trade. |
STREET LOT LINE: | A line dividing a lot from a public right-of-way. |
STREETSCAPE AREA: | The area behind the back of curb designed for pedestrian travel, including the sidewalk and buffer zone between the sidewalk and street for street planting and/or street furnishings. |
STREETWALL: | The portion of the building facade that is located generally parallel and facing the street right-of-way line. |
STREET: | A public or private right-of-way that affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, thruway, or however otherwise designated, but does not include driveways to buildings. |
STREET, ARTERIAL: | A major high capacity street designed to carry large volumes of traffic between major activity areas of the city. |
STREET, COLLECTOR: | A street that provides moderate speed movement within major activity areas and collects and distributes traffic between arterials and local streets. Included would be principal entrance and traffic movement streets within a residential development. |
STREET, LOCAL (MINOR): | A street designed for low speed travel and generally low traffic volumes that provides land access from neighborhoods and minor activities to the collector and arterial systems. |
STRUCTURAL ALTERATION: | Any change, other than incidental repairs, that would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations. |
STRUCTURE: | Anything constructed, the use of that requires location on the ground or attachment to something having location on the ground. |
STRUCTURE, DECORATIVE: | Any structure, other than a building constructed or installed on a zoning lot, the principal purpose of that is to provide a decoration or architectural accent, including, but not limited to, arbors and trellises, flagpoles, approved free-standing signs and light posts. |
STRUCTURAL ALTERATION: | Any change in the shape or size of any portion of a building or of the supporting members of the girders, floor joist, or roof joist. |
STRUCTURE: | That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. |
SUBSTANTIAL ENLARGEMENT: | The increase in floor area occupied by the business by more than twenty-five percent (25%), as the floor area existed as of the date hereof. |
TENT: | Any temporary structure or enclosure, the roof of that and/or one-half or more of the sides are constructed of silk, cotton, canvas, fabric, or a similar pliable material. |
TRANSITION: | A visual effect used on an electronic message sign to change from one message to another. |
TRAVEL: | A mode of message transition on an electronic message sign in which the message appears to move horizontally across the display surface. |
TRANSFER OF OWNERSHIP OR CONTROL: | means and includes any of the following: |
The sale, lease, or sublease of the business. | |
The transfer of securities that form a controlling interest in the business, whether by sale, exchange, or similar means; or The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Amended Ord. 86-1; amd. Ord. 2004-17, 2-7-2005; 2009 Code). | |
TRANSPARENCY, STOREFRONT: | For the purposes of this zoning ordinance, transparency is the measurement of the percentage of a facade that contains highly transparent, low- reflectance glass. |
Storefront - When transparency is required separately for primary street ground-story facades, glass must have a minimum of 60% transmittance factor and a reflectance factor of less than 0.25, unless specified for a specific district. | |
All Other Windows - Transparency for all window and door glass, or other storefront glass must have a minimum of 50% transmittance factor and a reflectance factor of less than 0.25, unless specified for a specific district. | |
USE: | Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land. |
USE, CONDITIONAL: | Uses, other than permitted uses, that may be allowed in a specific district but require additional safeguards or conditions to maintain and assure the health, safety, morals, and general welfare of the community and the character of the district. |
USE, PERMITTED: | A use that may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and standards of such district. |
USE, PRINCIPAL: | The primary use of land or buildings, as distinguished from a subordinate or accessory use. |
UTILITY-SCALE ENERGY PRODUCTION: | An energy production facility that produces electric energy for widespread distribution through the electric power grid. |
VARIANCE: | In the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land, or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which shall be accomplished by rezoning or conditional zoning. |
VISIBILITY TRIANGLE: | A triangular-shaped area of land abutting a highway or private road that must be kept free of obstructions (heights limited to four feet) that could impede the vision of a pedestrian or the driver of a motor vehicle exiting onto or driving on the highway or private road. The Visibility Triangle is measured from the edge of pavement at the intersection, forty feet (40 ft) back in each direction (see diagram below). |

WALKABLE OR WALKABILITY: | The extent to which the built environment is safe and inviting for pedestrians and for the presence of people living, shopping, visiting, enjoying or spending time in an area. |
WALKWAY: | A clearly defined path for nonmotorized movement between buildings, structures, destinations, or other walkways on or adjacent to a sit. |
XERISCAPE: | Landscaping design requiring efficient irrigation or other maintenance with drought tolerant plants native to the area. |
YARD, FRONT: | A yard extending across the full width of the lot, between the nearest principal building and the front lot line. The depth of the required front yard shall be measured horizontally from the nearest part of the principal building to the nearest point of the front line. |
YARD, REAR: | A yard extending across the full width of the lot, between the nearest rear principal building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the principal building to the nearest part of the rear lot line. |
YARD, SIDE: | Aa yard between a principal building and the side lot line, extending from the front yard, or front lot line, where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side line toward the nearest part of the principal building. |
ZERO LOT LINE: | The relaxation of the strict application of side yard requirements where two (2) adjoining lot owners agree to the side yard reduction. (Amended Ord. 86-1; amd. Ord. 97-8, 11-3-1997; 2009 Code; Ord. 2010-4, 7-6-2010; Ord. 2023-7, 7-17-2023; Ord. 2023-9, 12-18-2023; Ord. 2024-06, 11-18-2024). |
ACCESSORY, ACCESSORY DWELLING UNIT: | Accessory Dwelling Units (ADUs), also referred to as accessory apartments, second units, caretaker’s residences, or granny flats, are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living space has a kitchen, bathroom, and a maximum of two bedrooms. ADUs can be attached or detached from the principal dwelling unit. |
ACCESSORY, BIKE-UP WINDOW: | An accessory use incidental to an establishment where customers may walk up/bike-up to the window to purchase goods rather than entering the structure or using a drive-through. Examples are walk-up/bike-up eating establishments and walk-up/bike-up pharmacies. |
ACCESSORY, HOME-BASED BUSINESS: | The use of a dwelling or accessory structure in a residential area as an office, studio, or workroom for occupations at home shall be divided into two (2) categories, minor home occupations, and major home occupations. Such categories shall be defined as follows: |
ACCESSORY, HOME-BASED OCCUPATION: | See definition of Accessory, Home-Based Business. |
ACCESSORY, PRIVATE PARKING LOT: | A parking area on the surface of a lot that is the principal use on the lot and which is operated by a public entity, whether for profit or not, for use by the owners or tenants of the lot and their invited guests and/or the general public. |
ACCESSORY, SMALL FARM ANIMAL KEEPING: | The keeping of four or more domesticated animals such as rabbits, chickens, ducks, turkeys, and similar fowl and animals which are kept for personal or agricultural use or raised for sale and profit. |
ACCESSORY, SOLAR FACILITY: | An installation or combination of solar panels or plates, including a canopy or array, that captures and converts solar radiation to produce electricity and includes flat plate, focusing solar collectors, or photovoltaic solar cells that: |
ACCESSORY, SWIMMING POOL FAMILY: | A swimming pool used and intended solely by the owner, operator, or lessee thereof and his family and by guests invited to use it without payment of any fee or consideration. |
ACCESSORY, WALK-UP WINDOW: | See definition of Accessory, Bike-Up Window. |
ADULT-ORIENTED BUSINESS: | An adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. |
ADULT-USE DISPENSARY: | A premises from which a licensed adult-use provider or adult-use marijuana-infused products provider dispenses marijuana or marijuana-infused products to a consumer. |
AGRICULTURE: | Farming; ranching; algaculture; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy products; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber and pasturage. |
AGRICULTURE, COMMUNITY (URBAN): | Land within the defined urban development boundary used for small-scale farming activities and the cultivation of crops for own consumption or sale in neighboring markets. |
AIRPORT: | Any area of land or water, or any manmade object or facility located thereon, which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. |
ANTIQUE SHOP: | The sale of items belonging to, made in, or typical of an earlier period of time. |
ART CENTER: | A non-profit, public, or commercial facility for preserving and exhibiting artistic, historical, scientific, natural, or man-made objects of interest, which may include the sale of the objects collected and memorabilia, the sale of crafts work and artwork, boutiques, and the holding of public and private meetings and social events. |
ART STUDIO: | Workspace for one or more artists or artisans, including the accessory private sale of art produced on the premises, and shall not be open to the public. |
ARTISAN MANUFACTURING: | The on-site production of goods by hand manufacturing conducted wholly within an enclosed building of less than 5,000 square feet of gross floor, which involves using of hand tools and small- scale equipment. |
AUTOMOBILE WRECKING YARD: | The use of any lot, portion of a lot, or tract of land for the storage, keeping, sale, or abandonment of automobiles or other motor vehicles. |
BEVERAGE BREWING AND DISTILLING: | An establishment where beer, malt beverages or spirits are made on the premises and then sold or distributed either by wholesale or retail, which may include incidental on-premises consumption. |
BEVERAGE BREWING AND DISTILLING, SMALL SCALE: | A facility at which beer, fermented on the premises, is bottled and sold. The volume of production of such facility may not exceed 200 gallons a day. |
BEVERAGE DISTRIBUTION: | A facility for storage and wholesale distribution of alcoholic beverages, but not including retail sales. |
BEVERAGE SALES, LIQUOR, BEER OR WINE STORE: | An establishment for the sale of beer, wine and general alcoholic beverages, including the sale of distilled spirits or hard liquor, for off-premises consumption, but not including the incidental sale of convenience items such as, without limitation, pre-packaged snacks, non-alcoholic beverages, personal care items, clothing, household items and/or cigarettes. |
CAR WASH: | A facility, whether automatic, semi-automatic or manual, for washing vehicles. |
CASINO: | A commercial facility where patrons wager money on the outcome of a game, including but not limited to a card game or slot machine. |
CEMETERY: | Land used for the burial of the dead and dedicated for cemetery purposes, including columbarium, mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery. |
CHILDCARE CENTER: | Any place that is not the permanent residence of the licensee or administrator in which childcare is provided, with or without compensation, for seven to twelve children at one time, or any place in which childcare is provided for thirteen or more children at one time. |
CLINIC OR URGENT CARE: | Any establishment where human patients are examined and are treated by or under the care and supervision of doctors, dentists or other medical practitioners, but where patients are not hospitalized overnight. |
CLINIC, VETERINARY: | An establishment where animals are examined and treated by veterinarians, and which may include kennels for temporary boarding of animals during treatment. |
CLUBS (FRATERNAL LODGES): | Buildings and facilities owned and operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business. |
COLLECTION AND RECYCLING FACILITY: | A center for the collection and/or processing of recyclable materials, but not including storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site. |
COMMERCIAL KENNEL: | Any lot, premises, structure, or building where six (6) or more dogs or six (6) or more cats of at least six (6) months of age are kept. |
COMMERCIAL, LARGE VEHICLES AND EQUIPMENT: | Motor vehicles including but not limited to trucks, recreational vehicles, buses, boats, and heavy equipment, and similar size vehicles which have gross vehicle weights greater than 10,000 pounds, but excluding airplane or aircraft. |
COMMUNITY CENTER: | A facility where activities are programmed for children, adults, or seniors by a public or not-for-profit entity. Activities must be community-oriented and may be located indoors or on associated playfields. |
CONSTRUCTION TRAILER: | An impermanent structure erected or placed only at a construction site for the purposes of administration and management of the construction activities. |
DRUGSTORE: | A retail establishment that sells prescription drugs, patient medicines, surgical and sickroom supplies and which also may sell cosmetics, household goods and a limited selection of food products. |
EMERGENCY FACILITY, STANDALONE: | An emergency room facility that accepts patients by ambulance and other vehicular means and provides emergency medical services and is not contained within or physically connected to a full-service hospital. |
ESSENTIAL COMMUNICATIONS (TELE- COMMUNICATIONS) FACILITY: | This entails wireless services federally licensed commercial mobile service as defined in the “Telecommunications Act of 1996,” 110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as commercial mobile radio service in 47 C.F.R. 20.3. Under division (A)(19) of this section, commercial mobile radio service is specifically limited to mobile telephone, mobile cellular telephone, paging, personal communications services, and specialized mobile radio service provided by a common carrier in this state and excludes fixed wireless service. |
EVENT CENTER: | A facility that accommodates small-scale events, conferences, or weddings. |
FAMILY CHILDCARE: | A private residence in which supplemental parental care is provided for compensation to three (3) to six (6) children, no more than three (3) children under two (2) years of age, from separate families on a regular basis, including the provider’s own children who are less than six (6) years of age. |
FARMER’S MARKET: | An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site. |
FINANCIAL INSTITUTION: | Any building, property, or activity of which the principal use or primary purpose is the provision of financial services, including, but not limited to, banks, facilities for automated teller machines (ATMs), credit unions, savings and loan institutions and mortgage companies. |
FITNESS FACILITY OR GYM: | A commercial establishment where physical exercise or training is conducted on an individual basis, using exercise equipment or open floor space with or without one-to-one instruction with a personal trainer |
FOOD SALES, LARGE GROCERY: | A retail establishment with a gross floor area greater than 5,000 square feet which primarily sells food but also may sell other convenience and household goods. A section for fresh fruits and vegetables no less than 60 square feet must be visible within the retail area of the establishment. |
FOOD SALES, SMALL GROCERY: | A retail establishment with a gross floor area of less than 5,000 square feet which primarily sells food but also may sell other convenience and household goods. A section for fresh fruits and vegetables no less than 30 square feet must be visible within the retail area of the establishment. |
FOOD SERVICE COMMISSARY OR BAKERY: | An establishment primarily engaged in the retail sale of baked products for consumption offsite that may be prepared either on or off-site and may include incidental food service. |
FOOD SERVICE, DELI: | An establishment where food is sold for consumption off-premises. No counters or tables for on-premises food consumption are provided but exclude groceries and supermarkets. |
FUNERAL HOME: | A building or part thereof used for human funeral services. Such building may contain space and facilities for (a) embalming and the performance of other services used in the preparation of the dead for burial; (b) the performance of autopsies |
and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; (d) the storage of funeral vehicles; and (e) facilities for cremation Where a funeral home is permitted, a funeral chapel shall also be permitted. | |
GARAGE, AUTOMOTIVE (VEHICULAR) REPAIR: | Any building or premises used for the major repair of motor vehicles as a commercial business, but not including auto wrecking or storage of wrecked motor vehicles. Repair activity shall be conducted in enclosed places or screened from public view. |
GARAGE, PRIVATE: | A building or portion of a building used for the storage of motor vehicles and other permitted uses that are accessory to a dwelling. |
GARDEN CENTER: | An establishment where retail and wholesale products and produce are sold directly to the consumer, and which may include a nursery and/or greenhouse, and which may include plants, nursery products and stock, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils, and where outdoor storage is incidental to the sale of goods. |
GASOLINE SERVICE STATION: | 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 making minor vehicle repairs. |
GOVERNMENT ADMINISTRATION: | Any building which hosts offices for personnel either directly employed or contracted to provide a government administrative function. |
GROUP CHILDCARE: | A private residence in which supplemental parental care is provided to seven (7) to twelve (12) children on a regular basis including the provider’s own children who are less than six (6) years of age. |
HOSPITAL: | An establishment which has an organized medical staff and provides equipment and services primarily for inpatient care to persons who require definitive diagnosis or treatment, or both, for injury, illness, pregnancy or other disability, but not including narcotics addiction or those found to be criminally insane. |
INDOOR STORAGE FACILITY: | A personal storage building that is subdivided by permanent partitions into individual spaces, and each space has an independent entrance within an enclosed building under the exclusive control of the tenant, with one or more exterior entrances to the building, and which is used for storage of personal belongings and not for any commercial or industrial purpose, and that may include outdoor storage of recreational vehicles. |
LIBRARY: | A public facility for using, but not selling, literary, musical, artistic, or reference materials. |
MANUFACTURING, HEAVY: | The manufacture of products, the process of which generates fumes, gases, smokes, vapors, vibrations, noise or glare, or similar nuisance factors which have a high probability of occurring and which may cause adverse effects to the users of adjacent land. |
MANUFACTURING, LIGHT: | Manufacturing products, the process of which does not create and emit fumes, gases, smokes, vapors, vibrations, noise or glare, or other factors regarded as nuisances that would cause adverse effects to the users of adjacent land. |
MARIJUANA BUSINESS: | A cultivator, manufacturer, adult-use dispensary, medical marijuana dispensary, combined- use marijuana licensee, testing laboratory, marijuana transporter, or any other marijuana related business or function that is licensed by the state and the city. |
MARIJUANA DISPENSARY: | Both an adult-use dispensary and/or a medical marijuana dispensary. |
MARIJUANA PRODUCTION FACILITY: | Any property or structure used by a Cultivator to plant, cultivate, grow, harvest, or dry marijuana, or to package and re-label 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, or used by a Manufacturer to convert or compound marijuana into marijuana products, marijuana concentrates, or marijuana extracts and package, repackage, label, or re-label marijuana products as allowed under state law and this article. |
MEDICAL MARIJUANA DISPENSARY: | A premises from which a registered cardholder may obtain marijuana or marijuana products. |
MARIJUANA TESTING LABORATORY: | A premises from which a qualified person licensed by the state provides testing of representative samples of marijuana and marijuana products; and provides information regarding the chemical composition and potency of a sample, as well as the presence of molds, pesticides, or other contaminants in a sample. |
MASSAGE, PHYSICAL THERAPY AND OTHER PERSONAL THERAPEUTIC SERVICES: | An establishment that provides therapeutic or medical massage of a non-sexual nature provided by a licensed practitioner. |
MOTEL: | See definition of Hotel. |
OFFICES, BUSINESS, AND PROFESSIONAL: | A building containing the office or offices of a business or businesses engaged in providing professional services, including, but not limited to, the following: accounting; auditing and bookkeeping services; advertising agencies; architectural, engineering, planning, and surveying services; attorneys; counseling services; court reporting services; data processing and computer services; detective agencies and similar services; educational, scientific, and research organizations; employment, stenographic, secretarial, and word processing services; government offices including agency and administrative office facilities; management, public relations, and consulting services; photography and commercial art studios; writers and artists offices outside the home, but not including medical offices or offices that are incidental and accessory to another business or retail sales activity in the building. |
OUTDOOR STORAGE FACILITY: | The storage of any material for a period greater than 24 hours, including items for sale, lease, processing, and repair (including vehicles) not in an enclosed building. |
OVERNIGHT LODGING, BED AND BREAKFAST: | A detached residential dwelling where lodging and breakfast are only provided to transient guests for compensation according to specific development standards and where the owner-operator permanently resides on the property. |
OVERNIGHT LODGING, BOUTIQUE HOTEL: | A small-scale hotel in a historic structure, or a structure with a facade made of a high- quality material such as wood, brick, masonry, tile, stone, granite, limestone, or another natural material, that has fewer than 30 rooms accessed from an interior hallway. |
OVERNIGHT LODGING, HOTEL: | Any structure consisting of one or more buildings containing any combination of more than five guestrooms that meet the requirements for transient sleeping rooms or extended stay temporary residence dwelling units where all rooms/ units are accessed from an interior hallway or as having features of such sleeping rooms and dwelling units within the same room, and such structure is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where transient sleeping accommodations or temporary residence is offered for pay to persons, but the such structure does not otherwise meet the definition of Overnight Lodging, Bed and Breakfast, and does not include agricultural labor camps, apartment houses, apartments or other similar places of a permanent personal residence, lodging houses, rooming houses, or hospital or college dormitories. |
OVERNIGHT LODGING, MOTEL: | See definition for Overnight Lodging, Hotel. |
PARK: | An area of land for the enjoyment of the public, having facilities for rest and/ or recreation, owned and/or managed by a city, county, state, federal government, or metropolitan park district, not including trails. |
PARKING GARAGE: | An open or enclosed facility for temporary off-street parking of five or more motor vehicles located on publicly or privately owned property. |
PARKING LOT: | A parking area on the surface of a lot that is the principal use on the lot and which is operated by a public entity, whether for profit or not, for use by the owners or tenants of the lot and their invited guests and/or the general public. |
PERSONAL SERVICES: | An establishment that accommodates two or more clients at one time providing nonmedically related services, including, but not limited to, beauty salons, barber shops and tanning salons by licensed professionals, which may also include accessory retail sales of products related to the services provided. |
PRIVATE CLUB: | A public, commercial, or non-profit establishment that provides membership for participating in, or using, shared space, programming, or social activities and may not include any form of the adult entertainment business or retail sales. |
PUBLIC SAFETY FACILITY: | A government facility for public safety and emergency services, including a facility that provides police, fire protection, and/or emergency medical services and related administrative and training facilities. |
PUBLIC UTILITY BUILDING: | Any administrative, maintenance or service building operated by a public utility or any transmission facility of a public utility that does not meet the definition of an “essential service.” |
RECREATION, COMMERCIAL RECREATION, INDOOR: | An enterprise operated by other than a public entity for profit for indoor recreation and/ or leisure activities, including dance studios, health and/or fitness clubs, martial arts, and gymnasiums. |
RECREATION, COMMERCIAL RECREATION, INDOOR, SMALL-SCALE: | Indoor commercial recreation uses include, but are not limited to, fitness centers, bowling alleys, dance halls, skating rinks, indoor commercial swimming pools, and racquet and tennis clubs. |
RECREATION, COMMERCIAL RECREATION, OUTDOOR: | Public or private swimming pools, tennis courts, go-cart courses, or mechanical rides that are not enclosed in buildings and are operated on a commercial or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreation use is located. |
RECREATION, COMMUNITY PARK: | Property owned by the City of Belgrade, the State of Montana, Gallatin County, a conservation nonprofit, or the Belgrade School District devoted to open space and public recreation. |
RECREATIONAL VEHICLE AND TRAVEL TRAILER PARK: | Any area or tract of land rented or held out for rent to one or more persons or users for parking or placement of temporary recreational vacation housing. |
RELIGIOUS ASSEMBLY: | A use located in a permanent building and providing regular organized religious worship and related incidental activities, except child day care center, primary, secondary, college/ university, vocational schools, Community Facility, Active and Outdoor Recreation, and Enterprise, Indoor, and Outdoor. |
RESEARCH (LABORATORY) FACILITY: | A building or group of buildings for scientific research, investigation, testing, or experimentation, but not facilities for manufacturing or selling products. |
RESIDENTIAL, CARE FACILITY: | See State of Montana definition. |
RESIDENTIAL, GROUP CARE FACILITY: | An agency, other than a foster family home, which is maintained and operated for the care of a group of children on a twenty-four- hour basis; |
RESIDENTIAL, GROUP HOME: | A residence or facility that provides accommodations and supervision to six to sixteen unrelated adults, at least three of whom require personal care services. |
RESIDENTIAL, PERMANENT SUPPORTIVE HOUSING: | Community-based, long-term housing and supportive services, as appropriate, for individuals with disabilities. |
RESIDENTIAL, RESIDENTIAL (1 UNIT): | One to two dwelling units that are the only dwelling units on a lot, other than accessory dwelling units, and which share a common wall or roof on one or more adjacent lots, provided that the attached one-unit dwelling has a separate and distinct entrance from the units with which it shares a common wall or roof. |
RESIDENTIAL, RESIDENTIAL (2-4 UNITS): | Two to five dwelling units that are the only dwelling units on a lot, other than accessory dwelling units, and which share common walls or roofs on one or more adjacent lots. |
RESIDENTIAL, RESIDENTIAL (5+ UNITS): | Six or more dwelling units which are the only dwelling units on a lot and which share common walls or roof on one or more adjacent lots. |
RESIDENTIAL, SENIOR ASSISTED LIVING FACILITY | A residential facility licensed in the State of Montana is used for the reception and care of elderly individuals who, by reason of illness or physical or mental impairment require skilled nursing care and of individuals who require personal care services but not skilled nursing care. |
RESIDENTIAL, SENIOR INDEPENDENT LIVING FACILITY: | A housing arrangement designed exclusively for older adults, generally those aged 55 and over, whereby some facilities or services may be shared, however, residents have independent living quarters. |
RESIDENTIAL, SHORT-TERM RENTAL: | Any dwelling or portion thereof that is available for use or is used for accommodations or lodging of guests paying a fee or other compensation for a period of less than 30 consecutive days. |
RESIDENTIAL, SKILLED CARE FACILITY: | A residential home whereby residents require procedures or care that require technical skills and knowledge beyond those the untrained person possesses and that are commonly employed in providing for the physical, mental, and emotional needs of the ill or otherwise incapacitated. |
RESIDENTIAL, TOWNHOUSE: | Ownership of a parcel of land with an attached single-family dwelling unit that is connected with other similar dwelling units but separated from the other similar dwelling units by a common party wall having no doors, windows, or other provisions for human passage or visibility. |
RESIDENTIAL, TRANSITIONAL DWELLING: | Housing and supportive services are provided to homeless individuals and families for no longer than twenty four months, to enable them to obtain and maintain independent, permanent housing. |
RESTAURANT, FULL SERVICE: | A food service establishment with incidental alcohol consumption whereby servers bring food and beverages that are prepared in a kitchen or at a bar on-site, which may have a liquor license issued by the State of Montana |
RESTAURANT, LIMITED SERVICE: | A self-service food service establishment whereby meals are served at a faster rate than a full-service restaurant and food offerings are more extensive in variety than a fast food restaurant, which may have a liquor license issued by the State of Montana. |
RESTAURANT, QUICK SERVICE: | A food service establishment devoted to the preparation and offering of food and beverage for sale to the public for consumption via a counter or drive-through on or off the premises generally in disposable containers, and which offers standardized menus, ingredients, food preparation, decor, uniforms, architecture, or similar standardized features. |
RETAIL GASOLINE AND CONVENIENCE: | A facility associated with the sale of gasoline products that also offers for sale of prepackaged food items and tangible consumer goods, primarily for self-service by the consumer, which may include the sale of hot beverages, fountain-type beverages, beer, and pastries, and shall not have a retail liquor license other than for the sale of beer. |
RETAIL STORE: | A commercial establishment selling consumer goods, clothing, and other dry goods. |
SCHOOL, POST-SECONDARY: | A post-secondary institution, licensed by the State of Ohio, for higher learning that grants associate or bachelor’s degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees, which may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields. |
SCHOOLS, PRIMARY: | A place of instruction operated by a public or religious organization, having regular sessions, with regularly employed instructors and meeting all of the Ohio Department of Education requirements for providing primary education. |
SCHOOLS, SECONDARY: | A place of instruction operated by a public or religious organization, having regular sessions, with regularly employed instructors and meeting all of the Ohio Department of Education requirements for providing secondary education. |
SMALL CELL FACILITY: | A collection of interrelated small cell facilities designed to deliver personal wireless services. |
THEATER: | A public, private, or non-profit indoor or outdoor theater or stage used for theatrical, musical, or artistic live productions attended by an audience. |
UTILITY GENERATION FACILITY: | A facility that converts one or more energy sources, including but not limited to water power, fossil fuels, nuclear power, or solar power, into electrical energy or steam, which may also perform either or both of the following functions: (a) operation of a transmission system that conveys the energy or steam from the generation facility to a power distribution system; (b) operation of a distribution system that conveys energy or steam from the generation facility or the transmission system to final consumers. |
VEHICLE (EQUIPMENT) REPAIR: | The replacement of any part or repair of any part that does not require removal of the engine head or pan, engine transmission or differential, incidental body and fender work, minor painting and upholstering service to automobiles and trucks not in excess of 7,000 pounds gross weight. |
VEHICLES AND EQUIPMENT, LARGE: | Any vehicle used or designed to be used for business or commercial purposes including but not limited to: buses, concrete trucks, dump trucks, garbage trucks, box trucks, stake bed trucks, flatbed trucks, semi tractors, semi trailers, step vans, tack trucks, tar trucks, and tow trucks; whether used for business, commercial or personal purposes. Pickup trucks, panel trucks, or light trucks which have the operating characteristics similar to those of a passenger car are not considered commercial vehicles unless they are used for business or commercial purposes. |
VEHICLE SALES: | An establishment for the storage and displays for sale of more than two passenger vehicles and where repair or body work is incidental to the operation of the new or used vehicle sales, which include motor vehicle retail or wholesale sales. |
WAREHOUSE: | An enclosed storage facility used to store goods or parts or for any part of the shipping process. |
WHOLESALE ESTABLISHMENT: | An establishment for the sale of goods and merchandise for resale instead of direct consumption. |
WHOLESALE SALES: | An establishment engaged in selling merchandise to retailers, contractors, or other users, typically in bulk; the gross floor area of the building is often devoted to warehousing for the distribution of material or items displayed in a showroom. |
SIGN: | Any emblem, painting, banner, pennant, placard, design, identification, description, illustration or device, illuminated or nonilluminated, to advertise, identify, convey information or direct attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise. For the purpose of removal, signs also include all sign structures. Signs as defined herein do not include temporary holiday decorations or landscape features that do not display a commercial message. |
ABANDONED: | A sign that no longer correctly advertises a bona fide business, lessor, owner, product or activity conducted, or product available on the premises where the sign is displayed or elsewhere for a period of 6 months. |
ADDRESS NAMEPLATE: | A sign that identifies the street number and/or street name for identification purposes, as designated by the United States Postal Service. |
ART: | See definition “Art/Public Art.” |
AWNING: | Any sign attached to or constructed in, on, or under an awning. |
BACKLIT/HALO: | A sign that has a source of copy illumination designed to project lighting against the surface behind the copy. Sign, Banner. A sign of lightweight fabric or similar non-ridged material that is mounted with no enclosing framework. |
BILLBOARD: | Same as “off-premise sign.” |
BUSINESS CENTER: | A sign identifying the entrance to a business center and/or the names of the businesses located within the business center. |
CAMPAIGN: | A temporary sign displayed on a lot during an active local, state or federal campaign for public office or ballot issue or referenda, generally intended to promote the ultimate exercise of voting by the general public. |
CANOPY: | Any sign attached to or constructed in, on, or under a canopy. |
CHANGEABLE COPY (MANUAL): | A sign upon which the message can be readily modified by changing letters and/or symbols by other than electronic means. |
CONSTRUCTION: | A temporary sign located on a lot upon which building or construction is actively occurring. |
DIRECTIONAL (DRIVEWAY): | A sign located near a driveway entrance from a street or near an internal site driveway or drive aisle. |
DOUBLE-FACED: | A sign with copy on two parallel faces that are back to back, facing in opposite directions. |
ELECTRONIC MESSAGE (EMS): | A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. (See also following terms principally associated with electronic message signs: display time, dissolve, dynamic frame effect, fade, frame, frame effect, scroll, transition, travel). |
ENGRAVED: | A sign whose characters are engraved or etched onto the exterior wall of a building or onto a plaque mounted on the exterior wall of a building or onto a plaque mounted on the exterior wall of a building. |
EXTERNALLY ILLUMINATED: | A sign illuminated by or exposed to artificial lighting by lights on the sign or directed toward the sign. |
FEATHER: | A lightweight, portable sign mounted along one edge on a single, vertical, flexible pole the physical structure of which may resemble a sail, bow, or teardrop. |
FLAG: | A generally rectangular or triangular sign or part of a sign made of fabric or other pliant material attached to a flagpole only along one side and which predominately displays distinctive colors, images, shapes or designs rather than legible words, letters, numbers or other linguistic characters. |
FLASHING/STROBE: | Any sign that contains an intermittent or flashing light source, or that includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source, not including changeable message signs. |
FREESTANDING: | A sign that is part of a self-supporting structure, other than a building or portion of a building. Sometimes referred to as a “ground sign.” |
GOVERNMENT: | A sign installed by or on behalf of the city or other branch of government, |
HOLIDAY DISPLAY: | A displays erected on a seasonal basis in observance of religions, national or state holidays that are not intended to be permanent in nature and that contain no commercial message. |
INFLATABLE: | A sign whose shape or structure is provided by inflation or by the affect of forced air. |
INTERIOR: | A sign mounted or located in the interior of a building that is legible by a person with 20/20 vision when standing at ground level from outside the lot on which the subject building is located. |
INTERNALLY ILLUMINATED: | A sign lighted by or exposed to artificial lighting by lights in the sign. |
MARQUEE: | Any sign attached to or constructed in, on, or under a marquee. |
MENU BOARD (DRIVE-THROUGH): | A sign located on the site of an allowed drive-through use. |
MESSAGE BOARD: | A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. |
MONUMENT: | A sign supported primarily by an internal structural framework or integrated into landscaping or solid structural features other than support poles. Monument sign also means ground sign. |
OFF-PREMISE: | A sign that advertises goods, products, facilities, events or services not on the premises where the sign is located, or directs persons to a different location from where the sign is located. |
MURAL OR GHOST: | Signs painted directly onto a building wall. |
OUTDOOR ADVERTISING DISPLAY: | Meets the following: |
• Includes: Any card, paper, cloth, metal, wooden or other display or device of any kind or character, including, but not limited to, any poster, bill printing, painting or other advertisement of any kind whatsoever, including statuary, placed for outdoor advertising purposes or on the ground or any tree, wall, rock, fence, building, structure, or thing. | |
• Does Not Include: Official notices issued by any court or public body or officer; | |
• Notices posted by any public officer in performance of a public duty or by any person in giving legal notice; | |
• Directional, warning or informational structure required by or authorized by law or by federal, state, county, or city authority. | |
POLE: | A freestanding sign that is affixed, attached, or erected on a pole that is not itself an integral part of or attached to a building or structure. |
PORTABLE: | Any sign not permanently attached to the ground or a building. |
PROJECTING: | A sign, normally double-faced, that is attached to, and projects from, a structure or building facade. Awning, canopy and marquee signs are not considered projecting signs. |
ROOF: | A sign erected upon, against or above a roof. |
SANDWICH BOARD: | A portable sign that is generally temporary in nature and that is freestanding. |
SEARCHLIGHT: | A light source and a reflector for projecting a high-intensity beam of light into the sky or surrounding area. |
SIGN CONTRACTOR: | Any person, partnership or corporation engaged, in whole or in part, in the erection or maintenance of signs, excluding the business that the sign advertises. |
SIGN STRUCTURE: | Any device or material that supports, has supported, or is capable of supporting, a sign in a stationary position, including decorative covers. |
SPECIAL EVENT: | A sign approved in connection with a special event permit approved by the common council. |
SWINGING: | A sign installed on an arm or mast or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole. |
TEMPORARY: | A banner, pennant, poster or advertising display that is not permanently attached to a building or the ground and that is intended to be displayed for a limited period of time only. Sign, Wall. A sign attached to the wall of a building with the face in a parallel plane to the plane of the building wall. Sign, Window (or Door). A non-illuminated sign that is placed inside the glass of a window or door and that is visible from the exterior of the window or door. (Ord. 2023-7, 7-17-2023) |
DEFINITIONS
ABUT OR ABUTTING: | To touch or share a contiguous boundary or border. |
ACCESS (DRIVEWAY): | See definition Driveway, Access. |
ACCESSORY STRUCTURE: | A subordinate structure detached from but located on the same lot as a principal building. The use of an accessory structure must be identical and accessory to the use of the principal building. Accessory structures include sheds and decks. This definition excludes detached garages, carports, children’s playhouse equipment, screening, and fencing. |
ACCESSORY USE: | Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this ordinance; clearly incidental to, subordinate in purpose to, and serves the principal use. |
ALLEY: | A minor public street that is used primarily for vehicular service access to the back or the side of properties having principal frontage on another Street. |
ALTERATION: | Any change, addition, or modification in construction or occupancy. |
ART/PUBLIC ART: | Items expressing creative skill or imagination in a visual form, such as painting, graphic art, murals, and sculpture, intended to beautify or provide aesthetic influences to public areas or areas visible from public areas. |
AWNING: | A roof-like covering consisting of fabric, plastic or structural protective cover that projects from the wall of a building that generally serves the purpose of shielding a doorway, entrance, window, or outdoor service area from the elements or to provide decorative distinction. |
BERM: | A vegetated, elongated earthen mound. |
BUFFER YARD: | A land area required under the provisions of this ordinance to separate different classifications of land uses from each other. |
BUILDING: | Any structure built for support, shelter, or enclosure of persons, animals, chattels, or property of any kind. |
BUILDING HEIGHT: | The maximum vertical dimension measured from the average finished lot grade at the front of the principal building to the highest point of the roof. For accessory buildings, the height shall be measured from the lowest point of grade elevation adjacent to any wall of the structure to the highest point of the roof or the mean point between the eaves and ridge for gable, hip and gambrel roofs. Amendment recommended by staff after the Planning Board hearing. |
BUILDING INSPECTOR: | That official designated by the city council as the official responsible for accepting, reviewing and approving, or rejecting plans for buildings and applications for building and land use permits and for interpretation and enforcement of ordinances related thereto. |
CONDITIONAL USE: | See definition Use, Conditional. |
DENSITY: | The total number of dwelling units allowed per gross acre of land. |
DEVELOP: | The act of constructing buildings or installing site improvements. |
DEVELOPABLE LAND: | Land that may be subdivided and utilized in accordance with the comprehensive plan of the city and other city policies. |
DIAMETER AT BREAST HEIGHT (DBH): | The diameter of a tree trunk measured at a point 4.5 feet above ground level at the base of the tree. |
DRIVEWAY (OR DRIVE): | A hard surface for motor vehicles that leads from a public way to a residential garage or other building. |
DRIVEWAY, ACCESS: | The means by which vehicles enter and exit the required off-street parking spaces between the street right of way/property line and the off-street parking space. Access (driveway) shall be surfaced in the same manner as the off-street parking area that it serves to a minimum width of nine feet (9'). |
DRIVEWAY THROAT: | A depression in the curb for the purpose of accommodating a driveway, which provides vehicular access between private property and the street or easement. Where there is no curb, the point at which the driveway meets the roadway pavement shall be considered the curb-cut. |
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DUMPSTER: | A container with a capacity of more than 1.5 cubic yards or a height of more than 4.5 feet designed to receive, transport, and deposit waste materials produced by uses on the subject site. Dumpsters are typically designed to be hoisted and emptied into a garbage truck. |
DWELLING: | A building or portion thereof, but not a lodging use, designed or used exclusively for residential occupancy. |
DWELLING UNIT: | One or more rooms are arranged, designed and used as living quarters for one household. Individual bathroom(s) and complete kitchen facilities, permanently installed, must always be included for each “dwelling unit.” |
EASEMENT: | Any area of land reserved for public utilities, sanitation, or other specific uses having limitations, the title to that must remain in the property owner’s name, subject to the right of use designated in the reservation of servitude. |
ELECTRIC VEHICLE: | Any vehicle licensed and registered for operation on public and private highways, roads, and streets; either, partially or exclusively, on electrical energy from the grid or an off-board source that is stored on-board via a battery. “Electric vehicle” includes: (1) battery electric vehicles; and (2) plug-in hybrid electric vehicles. |
ELECTRIC VEHICLE (EV) CHARGING STATION: | A public or private parking space that is served by battery charging station equipment. |
ELECTRIC VEHICLE CHARGING STATION, PRIVATE (RESTRICTED- ACCESS): | An EV charging station that is not available to the general public. Examples include electric vehicle charging stations that serve residential homeowners or renters, executive parking areas, designated employee parking areas and fleet parking areas. |
ELECTRIC VEHICLE CHARGING STATION, PUBLIC: | An EV charging station that is accessible to and available by the general public. |
ELECTRIC VEHICLE PARKING SPACE: | Any parking space clearly identified to be used exclusively for parking an electric vehicle. |
FENCE: | An enclosure or barrier, such as wooden posts, wire, iron, etc., used as a boundary, means of protection, privacy screening or confinement, but not including hedges, shrubs, trees, or other natural growth. |
FLOOR AREA: | The total number of square feet of floor space within the exterior walls of a building (floor areas of basements shall not apply as part of the required minimum floor area of buildings). |
FOOT-CANDLE: | A measure of illumination, the amount of light falling onto a surface. One lumen of light, shining evenly across one square foot of surface, illuminates that surface to one foot-candle. |
GARAGE, ATTACHED: | An enclosed building for the storage of motor vehicles that is connected to a structure by a common wall. |
GARAGE, PRIVATE (RESIDENTIAL): | Enclosed building space accessory to a single-household of two household use for the storage of motor vehicles. |
GARAGE SALE: | The sale of personal household goods on a residential property. The term garage sale includes rummage sales, lawn sales, yard sales, attic sales, moving sales, and the like; provided, however, that rummage sales are allowed on a residential property no more than three times per calendar year with a maximum duration of 3 consecutive days. |
GRADE: | The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure. |
GRADE, FINISHED: | The vertical location of the ground or pavement surface after site grading work is completed in accordance with an approved plan. |
GREEN ROOF: | An extension of an above-grade building roof that includes at least a waterproof membrane, a root |
repellent system, a drainage system, a filtering layer, soil with a minimum depth of 3 inches and native or naturalized plants. Also commonly referred to as a “vegetated roof.” | |
GROUND COVER: | Herbaceous broad leaf plants that do not exceed 2 feet in height. |
GROUND FLOOR: | That level of a building on a site that has its floor line at or not more than 3 feet above the grade of its principal discharge. |
GUEST: | A person who occupies or has the right to occupy a lodging room as an overnight or temporary residence. |
GROWTH POLICY: | any document or portion of any document duly adopted by the city council intended to guide the growth and development of the area. |
HEDGE: | A row of closely planted shrubs, bushes, or any plant forming a boundary or fence. |
HOMEOWNER ASSOCIATION: | See Property owner association. |
LANDSCAPE STRIP: | An area that includes plantings of grass, ornamental shrubs, trees, or other ornamental ground covers that are intended to provide a visual separation between different uses, including, but not limited to, parking areas, buildings, and sidewalks. |
LANDSCAPING: | The placement of ornamental fixtures such as fountains, ornamental walls, fences, and benches, along with vegetative planting of trees, shrubs, grasses, flowers, etc. This definition shall also include the designing of the placement of such materials. |
LANDSCAPING ISLAND: | An area of a pervious surface within an off-street parking lot that is intended for the placement of vegetation or stormwater run-off management devices. |
LAWFULLY ESTABLISHED: | A use, structure, lot or sign (as the context indicates) that was established in conformance with all applicable zoning code regulations in effect at the time of its establishment. |
LIGHT TRESPASS: | Light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located. |
LOADING BERTH, OFF-STREET: | An off-street space or berth on the same lot with a principal building for parking a commercial vehicle while loading or unloading merchandise and which has direct access from a public street or alley. |
LOT: | A parcel or plot of land shown as an individual unit of ownership on the most recent plat or other records of subdivision. |
LOT AREA: | The total horizontal area within the boundary lines of a lot. Except as herein provided, no alley, public way, public land or area proposed for future street purposes shall be included within the area of a lot. |
LOT, CORNER: | A lot situated at the intersection of two or more streets, having an angle of intersection of not more than 135 degrees. |
LOT COVERAGE: | The total area covered by the principal and accessory buildings. |
LOT DEPTH: | The horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines. |
LOT, INTERIOR: | A lot other than a corner lot. |
LOT LINES: | The lines bounding a “lot” as defined herein. |
LOT, THROUGH: | A lot, other than a corner lot, having frontage on two or more streets. |
LOT WIDTH: | The horizontal distance between the side lot lines, as measured along a line parallel with the front street line. |
MANUFACTURED HOME: | A factory-built or manufactured transportable residential structure more than thirty-two (32) body feet in length and eight feet (8') or more in width, and built on one or more permanent chassis for towing to the point of use, and designed to be used without a permanent foundation as a dwelling unit when connected to sanitary facilities, and which bears an insignia issued by a state or federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the United States department of housing and urban development definition of manufactured home. The phrase “without permanent foundation” indicates that the support system is constructed with the intent that the manufactured home placed thereon can be moved from time to time at the owner’s convenience. A commercial coach, recreational vehicle, and motor home is not a manufactured home. |
MECHANICAL EQUIPMENT: | All air conditioning units, cooling towers, heaters, ventilators, compressors, flues, stacks, chimneys, and similar items are exposed to view outside of a building. |
MEZZANINE: | An intermediate story between the floor and ceiling of a main story and extending over only part of the main floor. |
MODULAR HOME: | meets the following: A factory-fabricated structure designed primarily for human occupancy to be used by itself or to be incorporated with similar units at a building site into a structure on a permanent foundation and which complies with the Belgrade adopted building, plumbing, electrical, and mechanical construction codes and the rules and regulations for modular housing or the building code division of the Montana department of administration. The term is intended to apply to major assemblies. It does not include prefabricated panels, trusses, plumbing, trees, and other prefabricated sub-elements to be incorporated into a structure at the site. The meter base for incoming wiring is attached to the exterior wall of the modular home, whereas, for a manufactured home, the meter base must be attached to a pole or support that is isolated from the structure. The county assessor will list and assess the units as real or personal property. Modular homes which meet the international building code will be considered the same as conventional homes for the purposes of this title. |
MOTOR VEHICLE: | Any licensed passenger vehicle, truck, truck-trailer, trailer, or semitrailer propelled or drawn by mechanical power. |
NON-CONFORMING STRUCTURE OR USE: | A use or structure that lawfully occupied a building or land at the time this title or any amendments become effective and does not conform with the use regulations of the district in which it is located. |
NONCONFORMITY: | A nonconforming lot, nonconforming use, nonconforming structure, nonconforming development feature or nonconforming sign. |
NONRESIDENTIAL DISTRICT OR NONRESIDENTIAL ZONING DISTRICT: | Any zoning district other than an R (residential) district. |
OPEN SPACE: | An area or portion of a lot, or an area of water or combination thereof, that is sought to be reserved in its natural state or for agriculture, outdoor recreation use or for, scenic purposes, or for the enjoyment of the inhabitants of a dwelling unit. |
OUTLOT: | A parcel of land other than a lot or block, a remnant parcel of land not used for building purposes. |
OPERABLE VEHICLE: | Any passenger vehicle, truck, truck trailer, trailer, semi-trailer, or any vehicle propelled or drawn by mechanical power, or heavy equipment machinery that is licensed for the current year and/or can be operated in a manner consistent with the user’s manual. |
OVERLAY DISTRICT: | A zoning district that overlays one or more base zoning districts and imposes requirements in addition to those of the base district or modifies the regulations otherwise applicable in the base zoning district. |
PARKING LOT: | 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 compensation, or accommodation for customers or clients. |
PARKING SPACE, OFF-STREET: | A space located off any public right of way which is at least nine feet by eighteen feet (9' x 18') in size for parking any motor vehicle, with room to get out of either side of the vehicle, with adequate maneuvering space, and with access to public streets or alleys. |
PEDESTRIAN WAY: | A right-of-way designed for the purpose of providing pedestrian access. |
PERSON: | A living human body. |
PHILANTHROPIC: | A charitable institution. |
PLAYHOUSE, CHILDREN’S: | A freestanding structure, exclusively for the use of children, with a maximum height of 12 feet and an area not to exceed 120 square feet. |
PERVIOUS SURFACE: | An area maintained in a natural condition or covered by a natural material that permits infiltration or percolation of water into the ground. To include surface that use grid systems with vegetation in between and paver systems that allow water to infiltrate or percolate through at ninety percent (90%). Pervious pavers cannot be used to cover more than the twenty-five percent (25%) of required pervious area. |
PRINCIPAL BUILDING: | A building or combination of buildings of chief importance or function on a lot. In general, the principal use is carried out in the principal building. |
PRINCIPAL USE: | A use or activity or combination of which are of chief importance on the lot; one of the main purposes for which the land, buildings or structures are intended, designed or ordinarily used. |
PRIVATE GARAGE: | A detached accessory or portion of a main building housing the automobiles of the occupants of the premises, but not commercial buildings. |
PROHIBITED USES: | In specific districts, prohibited uses are those uses not specifically enumerated as permitted uses. Prohibited uses are listed in this title for the purposes of clarity and emphasis only. Prohibited uses include, but are not limited to, the enumerated prohibited uses. No use of any property or structure in any district shall be permitted or conditionally permitted that is in violation of federal, state, or local law. |
PROPERTY OWNER ASSOCIATION (POA): | Also called a homeowner association (HOA), a POA is a non-profit entity operating under recorded land agreements in a subdivision, planned community, or condominium building governed by internal by-laws that make and enforce rules for properties, residents, guests, and common areas. Members pay dues, which are enforced through liens for non-payment. |
PUBLIC AND QUASI PUBLIC BUILDING: | Include public, semipublic, and private elementary schools, high schools, civic buildings, community buildings and uses, museums, art galleries, firehouses, post offices, police stations, reservoirs, senior and youth centers, libraries, parks, hospitals, sanatoriums, institutions for philanthropic or charitable purposes other than correctional, essential services and similar uses. |
PUBLIC WAY: | Any sidewalk, street, alley, highway, or other public thoroughfare. |
RECREATIONAL VEHICLE (RV): | a self-propelled or towed vehicle designed as a temporary dwelling for travel, recreation, and vacation uses. Towed recreational vehicles shall not be more than eight feet (8') in body width. |
RESIDENTIAL: | A single unit providing complete, independent living facilities for one or more persons, including permanent living, sleeping, eating, cooking, and sanitation provisions. This includes manufactured homes. |
RIGHT-OF-WAY: | A strip of land occupied, or intended to be occupied, for a public or quasi-public use. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency, must be dedicated to public use by the maker of the plat on that such right-of-way is established. The usage of the term “right-of- way” for land platting purposes means that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from other lots or parcels adjoining such right-of-way and not included within the dimension or areas of such lots or parcels. |
SCREENED: | Concealed or cut off from direct visual contact. |
SETBACK: | The horizontal distance required between any structure 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. See 10-1-6 for Interpretation and Measurements. |
SHOPPING CENTER: | A group of retail commercial establishments involved in the sale of a general line of clothing apparel and accessories, home furnishings, major and minor household appliances, hardware, toys, electronic goods, eating establishments, and other consumer products and services that are planned and developed as a unit with a minimum of 50,000 square feet of gross floor area and off-street parking provided on the lot or parcel on that the shopping center is located. |
SIDEWALK: | That portion of a street right-of-way or cross walkway, paved or otherwise surfaced, intended for pedestrian use only. |
SOLAR ENERGY SYSTEM: | A system intended to convert solar energy into thermal, mechanical or electrical energy. |
SOLAR ENERGY SYSTEM, BUILDING- INTEGRATED: | A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural part of the building. Building- integrated systems include, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, windows, skylights, shading devices and similar architectural components. |
SOLAR ENERGY SYSTEM, STRUCTURE- MOUNTED: | A solar energy system that is mounted on the facade or roof of either a principal or accessory structure. |
SOLAR ENERGY SYSTEM, FLUSH-MOUNTED: | A solar energy system that is mounted flush with a finished building surface, at no more than 6 inches in height above that surface. |
SOLAR ENERGY SYSTEM, GROUND-MOUNTED: | A solar energy system mounted on the ground and not attached to any other structure other than structural supports. |
SOLAR PANEL: | A group of photovoltaic cells assembled on a panel. Panels are assembled on-site into solar arrays. |
SPECIAL EVENT: | An temporary event or group of related temporary events typically involving a mass gathering of people on public right-of-way or public property; or on private property in a manner that significantly impacts public property or right-of-way. |
STAND, FRUIT OR PRODUCE: | Building or premises used primarily for sale of fruit or produce from a service window, counter, or exterior area of a building; and major display of goods in an exterior or semi-enclosed area associated with a building. |
STORY, GROUND: | Also called ground floor. The story closest to the ground level that does not meet the definition of a basement. |
STOCK-IN-TRADE: | Inventory held by a business for sale in the ordinary course of business or the equipment, materials, and tools required for the performance of a trade. |
STREET LOT LINE: | A line dividing a lot from a public right-of-way. |
STREETSCAPE AREA: | The area behind the back of curb designed for pedestrian travel, including the sidewalk and buffer zone between the sidewalk and street for street planting and/or street furnishings. |
STREETWALL: | The portion of the building facade that is located generally parallel and facing the street right-of-way line. |
STREET: | A public or private right-of-way that affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, thruway, or however otherwise designated, but does not include driveways to buildings. |
STREET, ARTERIAL: | A major high capacity street designed to carry large volumes of traffic between major activity areas of the city. |
STREET, COLLECTOR: | A street that provides moderate speed movement within major activity areas and collects and distributes traffic between arterials and local streets. Included would be principal entrance and traffic movement streets within a residential development. |
STREET, LOCAL (MINOR): | A street designed for low speed travel and generally low traffic volumes that provides land access from neighborhoods and minor activities to the collector and arterial systems. |
STRUCTURAL ALTERATION: | Any change, other than incidental repairs, that would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations. |
STRUCTURE: | Anything constructed, the use of that requires location on the ground or attachment to something having location on the ground. |
STRUCTURE, DECORATIVE: | Any structure, other than a building constructed or installed on a zoning lot, the principal purpose of that is to provide a decoration or architectural accent, including, but not limited to, arbors and trellises, flagpoles, approved free-standing signs and light posts. |
STRUCTURAL ALTERATION: | Any change in the shape or size of any portion of a building or of the supporting members of the girders, floor joist, or roof joist. |
STRUCTURE: | That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. |
SUBSTANTIAL ENLARGEMENT: | The increase in floor area occupied by the business by more than twenty-five percent (25%), as the floor area existed as of the date hereof. |
TENT: | Any temporary structure or enclosure, the roof of that and/or one-half or more of the sides are constructed of silk, cotton, canvas, fabric, or a similar pliable material. |
TRANSITION: | A visual effect used on an electronic message sign to change from one message to another. |
TRAVEL: | A mode of message transition on an electronic message sign in which the message appears to move horizontally across the display surface. |
TRANSFER OF OWNERSHIP OR CONTROL: | means and includes any of the following: |
The sale, lease, or sublease of the business. | |
The transfer of securities that form a controlling interest in the business, whether by sale, exchange, or similar means; or The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Amended Ord. 86-1; amd. Ord. 2004-17, 2-7-2005; 2009 Code). | |
TRANSPARENCY, STOREFRONT: | For the purposes of this zoning ordinance, transparency is the measurement of the percentage of a facade that contains highly transparent, low- reflectance glass. |
Storefront - When transparency is required separately for primary street ground-story facades, glass must have a minimum of 60% transmittance factor and a reflectance factor of less than 0.25, unless specified for a specific district. | |
All Other Windows - Transparency for all window and door glass, or other storefront glass must have a minimum of 50% transmittance factor and a reflectance factor of less than 0.25, unless specified for a specific district. | |
USE: | Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land. |
USE, CONDITIONAL: | Uses, other than permitted uses, that may be allowed in a specific district but require additional safeguards or conditions to maintain and assure the health, safety, morals, and general welfare of the community and the character of the district. |
USE, PERMITTED: | A use that may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and standards of such district. |
USE, PRINCIPAL: | The primary use of land or buildings, as distinguished from a subordinate or accessory use. |
UTILITY-SCALE ENERGY PRODUCTION: | An energy production facility that produces electric energy for widespread distribution through the electric power grid. |
VARIANCE: | In the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land, or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which shall be accomplished by rezoning or conditional zoning. |
VISIBILITY TRIANGLE: | A triangular-shaped area of land abutting a highway or private road that must be kept free of obstructions (heights limited to four feet) that could impede the vision of a pedestrian or the driver of a motor vehicle exiting onto or driving on the highway or private road. The Visibility Triangle is measured from the edge of pavement at the intersection, forty feet (40 ft) back in each direction (see diagram below). |

WALKABLE OR WALKABILITY: | The extent to which the built environment is safe and inviting for pedestrians and for the presence of people living, shopping, visiting, enjoying or spending time in an area. |
WALKWAY: | A clearly defined path for nonmotorized movement between buildings, structures, destinations, or other walkways on or adjacent to a sit. |
XERISCAPE: | Landscaping design requiring efficient irrigation or other maintenance with drought tolerant plants native to the area. |
YARD, FRONT: | A yard extending across the full width of the lot, between the nearest principal building and the front lot line. The depth of the required front yard shall be measured horizontally from the nearest part of the principal building to the nearest point of the front line. |
YARD, REAR: | A yard extending across the full width of the lot, between the nearest rear principal building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the principal building to the nearest part of the rear lot line. |
YARD, SIDE: | Aa yard between a principal building and the side lot line, extending from the front yard, or front lot line, where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side line toward the nearest part of the principal building. |
ZERO LOT LINE: | The relaxation of the strict application of side yard requirements where two (2) adjoining lot owners agree to the side yard reduction. (Amended Ord. 86-1; amd. Ord. 97-8, 11-3-1997; 2009 Code; Ord. 2010-4, 7-6-2010; Ord. 2023-7, 7-17-2023; Ord. 2023-9, 12-18-2023; Ord. 2024-06, 11-18-2024). |
ACCESSORY, ACCESSORY DWELLING UNIT: | Accessory Dwelling Units (ADUs), also referred to as accessory apartments, second units, caretaker’s residences, or granny flats, are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living space has a kitchen, bathroom, and a maximum of two bedrooms. ADUs can be attached or detached from the principal dwelling unit. |
ACCESSORY, BIKE-UP WINDOW: | An accessory use incidental to an establishment where customers may walk up/bike-up to the window to purchase goods rather than entering the structure or using a drive-through. Examples are walk-up/bike-up eating establishments and walk-up/bike-up pharmacies. |
ACCESSORY, HOME-BASED BUSINESS: | The use of a dwelling or accessory structure in a residential area as an office, studio, or workroom for occupations at home shall be divided into two (2) categories, minor home occupations, and major home occupations. Such categories shall be defined as follows: |
ACCESSORY, HOME-BASED OCCUPATION: | See definition of Accessory, Home-Based Business. |
ACCESSORY, PRIVATE PARKING LOT: | A parking area on the surface of a lot that is the principal use on the lot and which is operated by a public entity, whether for profit or not, for use by the owners or tenants of the lot and their invited guests and/or the general public. |
ACCESSORY, SMALL FARM ANIMAL KEEPING: | The keeping of four or more domesticated animals such as rabbits, chickens, ducks, turkeys, and similar fowl and animals which are kept for personal or agricultural use or raised for sale and profit. |
ACCESSORY, SOLAR FACILITY: | An installation or combination of solar panels or plates, including a canopy or array, that captures and converts solar radiation to produce electricity and includes flat plate, focusing solar collectors, or photovoltaic solar cells that: |
ACCESSORY, SWIMMING POOL FAMILY: | A swimming pool used and intended solely by the owner, operator, or lessee thereof and his family and by guests invited to use it without payment of any fee or consideration. |
ACCESSORY, WALK-UP WINDOW: | See definition of Accessory, Bike-Up Window. |
ADULT-ORIENTED BUSINESS: | An adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. |
ADULT-USE DISPENSARY: | A premises from which a licensed adult-use provider or adult-use marijuana-infused products provider dispenses marijuana or marijuana-infused products to a consumer. |
AGRICULTURE: | Farming; ranching; algaculture; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy products; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber and pasturage. |
AGRICULTURE, COMMUNITY (URBAN): | Land within the defined urban development boundary used for small-scale farming activities and the cultivation of crops for own consumption or sale in neighboring markets. |
AIRPORT: | Any area of land or water, or any manmade object or facility located thereon, which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. |
ANTIQUE SHOP: | The sale of items belonging to, made in, or typical of an earlier period of time. |
ART CENTER: | A non-profit, public, or commercial facility for preserving and exhibiting artistic, historical, scientific, natural, or man-made objects of interest, which may include the sale of the objects collected and memorabilia, the sale of crafts work and artwork, boutiques, and the holding of public and private meetings and social events. |
ART STUDIO: | Workspace for one or more artists or artisans, including the accessory private sale of art produced on the premises, and shall not be open to the public. |
ARTISAN MANUFACTURING: | The on-site production of goods by hand manufacturing conducted wholly within an enclosed building of less than 5,000 square feet of gross floor, which involves using of hand tools and small- scale equipment. |
AUTOMOBILE WRECKING YARD: | The use of any lot, portion of a lot, or tract of land for the storage, keeping, sale, or abandonment of automobiles or other motor vehicles. |
BEVERAGE BREWING AND DISTILLING: | An establishment where beer, malt beverages or spirits are made on the premises and then sold or distributed either by wholesale or retail, which may include incidental on-premises consumption. |
BEVERAGE BREWING AND DISTILLING, SMALL SCALE: | A facility at which beer, fermented on the premises, is bottled and sold. The volume of production of such facility may not exceed 200 gallons a day. |
BEVERAGE DISTRIBUTION: | A facility for storage and wholesale distribution of alcoholic beverages, but not including retail sales. |
BEVERAGE SALES, LIQUOR, BEER OR WINE STORE: | An establishment for the sale of beer, wine and general alcoholic beverages, including the sale of distilled spirits or hard liquor, for off-premises consumption, but not including the incidental sale of convenience items such as, without limitation, pre-packaged snacks, non-alcoholic beverages, personal care items, clothing, household items and/or cigarettes. |
CAR WASH: | A facility, whether automatic, semi-automatic or manual, for washing vehicles. |
CASINO: | A commercial facility where patrons wager money on the outcome of a game, including but not limited to a card game or slot machine. |
CEMETERY: | Land used for the burial of the dead and dedicated for cemetery purposes, including columbarium, mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery. |
CHILDCARE CENTER: | Any place that is not the permanent residence of the licensee or administrator in which childcare is provided, with or without compensation, for seven to twelve children at one time, or any place in which childcare is provided for thirteen or more children at one time. |
CLINIC OR URGENT CARE: | Any establishment where human patients are examined and are treated by or under the care and supervision of doctors, dentists or other medical practitioners, but where patients are not hospitalized overnight. |
CLINIC, VETERINARY: | An establishment where animals are examined and treated by veterinarians, and which may include kennels for temporary boarding of animals during treatment. |
CLUBS (FRATERNAL LODGES): | Buildings and facilities owned and operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business. |
COLLECTION AND RECYCLING FACILITY: | A center for the collection and/or processing of recyclable materials, but not including storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site. |
COMMERCIAL KENNEL: | Any lot, premises, structure, or building where six (6) or more dogs or six (6) or more cats of at least six (6) months of age are kept. |
COMMERCIAL, LARGE VEHICLES AND EQUIPMENT: | Motor vehicles including but not limited to trucks, recreational vehicles, buses, boats, and heavy equipment, and similar size vehicles which have gross vehicle weights greater than 10,000 pounds, but excluding airplane or aircraft. |
COMMUNITY CENTER: | A facility where activities are programmed for children, adults, or seniors by a public or not-for-profit entity. Activities must be community-oriented and may be located indoors or on associated playfields. |
CONSTRUCTION TRAILER: | An impermanent structure erected or placed only at a construction site for the purposes of administration and management of the construction activities. |
DRUGSTORE: | A retail establishment that sells prescription drugs, patient medicines, surgical and sickroom supplies and which also may sell cosmetics, household goods and a limited selection of food products. |
EMERGENCY FACILITY, STANDALONE: | An emergency room facility that accepts patients by ambulance and other vehicular means and provides emergency medical services and is not contained within or physically connected to a full-service hospital. |
ESSENTIAL COMMUNICATIONS (TELE- COMMUNICATIONS) FACILITY: | This entails wireless services federally licensed commercial mobile service as defined in the “Telecommunications Act of 1996,” 110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as commercial mobile radio service in 47 C.F.R. 20.3. Under division (A)(19) of this section, commercial mobile radio service is specifically limited to mobile telephone, mobile cellular telephone, paging, personal communications services, and specialized mobile radio service provided by a common carrier in this state and excludes fixed wireless service. |
EVENT CENTER: | A facility that accommodates small-scale events, conferences, or weddings. |
FAMILY CHILDCARE: | A private residence in which supplemental parental care is provided for compensation to three (3) to six (6) children, no more than three (3) children under two (2) years of age, from separate families on a regular basis, including the provider’s own children who are less than six (6) years of age. |
FARMER’S MARKET: | An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site. |
FINANCIAL INSTITUTION: | Any building, property, or activity of which the principal use or primary purpose is the provision of financial services, including, but not limited to, banks, facilities for automated teller machines (ATMs), credit unions, savings and loan institutions and mortgage companies. |
FITNESS FACILITY OR GYM: | A commercial establishment where physical exercise or training is conducted on an individual basis, using exercise equipment or open floor space with or without one-to-one instruction with a personal trainer |
FOOD SALES, LARGE GROCERY: | A retail establishment with a gross floor area greater than 5,000 square feet which primarily sells food but also may sell other convenience and household goods. A section for fresh fruits and vegetables no less than 60 square feet must be visible within the retail area of the establishment. |
FOOD SALES, SMALL GROCERY: | A retail establishment with a gross floor area of less than 5,000 square feet which primarily sells food but also may sell other convenience and household goods. A section for fresh fruits and vegetables no less than 30 square feet must be visible within the retail area of the establishment. |
FOOD SERVICE COMMISSARY OR BAKERY: | An establishment primarily engaged in the retail sale of baked products for consumption offsite that may be prepared either on or off-site and may include incidental food service. |
FOOD SERVICE, DELI: | An establishment where food is sold for consumption off-premises. No counters or tables for on-premises food consumption are provided but exclude groceries and supermarkets. |
FUNERAL HOME: | A building or part thereof used for human funeral services. Such building may contain space and facilities for (a) embalming and the performance of other services used in the preparation of the dead for burial; (b) the performance of autopsies |
and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; (d) the storage of funeral vehicles; and (e) facilities for cremation Where a funeral home is permitted, a funeral chapel shall also be permitted. | |
GARAGE, AUTOMOTIVE (VEHICULAR) REPAIR: | Any building or premises used for the major repair of motor vehicles as a commercial business, but not including auto wrecking or storage of wrecked motor vehicles. Repair activity shall be conducted in enclosed places or screened from public view. |
GARAGE, PRIVATE: | A building or portion of a building used for the storage of motor vehicles and other permitted uses that are accessory to a dwelling. |
GARDEN CENTER: | An establishment where retail and wholesale products and produce are sold directly to the consumer, and which may include a nursery and/or greenhouse, and which may include plants, nursery products and stock, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils, and where outdoor storage is incidental to the sale of goods. |
GASOLINE SERVICE STATION: | 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 making minor vehicle repairs. |
GOVERNMENT ADMINISTRATION: | Any building which hosts offices for personnel either directly employed or contracted to provide a government administrative function. |
GROUP CHILDCARE: | A private residence in which supplemental parental care is provided to seven (7) to twelve (12) children on a regular basis including the provider’s own children who are less than six (6) years of age. |
HOSPITAL: | An establishment which has an organized medical staff and provides equipment and services primarily for inpatient care to persons who require definitive diagnosis or treatment, or both, for injury, illness, pregnancy or other disability, but not including narcotics addiction or those found to be criminally insane. |
INDOOR STORAGE FACILITY: | A personal storage building that is subdivided by permanent partitions into individual spaces, and each space has an independent entrance within an enclosed building under the exclusive control of the tenant, with one or more exterior entrances to the building, and which is used for storage of personal belongings and not for any commercial or industrial purpose, and that may include outdoor storage of recreational vehicles. |
LIBRARY: | A public facility for using, but not selling, literary, musical, artistic, or reference materials. |
MANUFACTURING, HEAVY: | The manufacture of products, the process of which generates fumes, gases, smokes, vapors, vibrations, noise or glare, or similar nuisance factors which have a high probability of occurring and which may cause adverse effects to the users of adjacent land. |
MANUFACTURING, LIGHT: | Manufacturing products, the process of which does not create and emit fumes, gases, smokes, vapors, vibrations, noise or glare, or other factors regarded as nuisances that would cause adverse effects to the users of adjacent land. |
MARIJUANA BUSINESS: | A cultivator, manufacturer, adult-use dispensary, medical marijuana dispensary, combined- use marijuana licensee, testing laboratory, marijuana transporter, or any other marijuana related business or function that is licensed by the state and the city. |
MARIJUANA DISPENSARY: | Both an adult-use dispensary and/or a medical marijuana dispensary. |
MARIJUANA PRODUCTION FACILITY: | Any property or structure used by a Cultivator to plant, cultivate, grow, harvest, or dry marijuana, or to package and re-label 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, or used by a Manufacturer to convert or compound marijuana into marijuana products, marijuana concentrates, or marijuana extracts and package, repackage, label, or re-label marijuana products as allowed under state law and this article. |
MEDICAL MARIJUANA DISPENSARY: | A premises from which a registered cardholder may obtain marijuana or marijuana products. |
MARIJUANA TESTING LABORATORY: | A premises from which a qualified person licensed by the state provides testing of representative samples of marijuana and marijuana products; and provides information regarding the chemical composition and potency of a sample, as well as the presence of molds, pesticides, or other contaminants in a sample. |
MASSAGE, PHYSICAL THERAPY AND OTHER PERSONAL THERAPEUTIC SERVICES: | An establishment that provides therapeutic or medical massage of a non-sexual nature provided by a licensed practitioner. |
MOTEL: | See definition of Hotel. |
OFFICES, BUSINESS, AND PROFESSIONAL: | A building containing the office or offices of a business or businesses engaged in providing professional services, including, but not limited to, the following: accounting; auditing and bookkeeping services; advertising agencies; architectural, engineering, planning, and surveying services; attorneys; counseling services; court reporting services; data processing and computer services; detective agencies and similar services; educational, scientific, and research organizations; employment, stenographic, secretarial, and word processing services; government offices including agency and administrative office facilities; management, public relations, and consulting services; photography and commercial art studios; writers and artists offices outside the home, but not including medical offices or offices that are incidental and accessory to another business or retail sales activity in the building. |
OUTDOOR STORAGE FACILITY: | The storage of any material for a period greater than 24 hours, including items for sale, lease, processing, and repair (including vehicles) not in an enclosed building. |
OVERNIGHT LODGING, BED AND BREAKFAST: | A detached residential dwelling where lodging and breakfast are only provided to transient guests for compensation according to specific development standards and where the owner-operator permanently resides on the property. |
OVERNIGHT LODGING, BOUTIQUE HOTEL: | A small-scale hotel in a historic structure, or a structure with a facade made of a high- quality material such as wood, brick, masonry, tile, stone, granite, limestone, or another natural material, that has fewer than 30 rooms accessed from an interior hallway. |
OVERNIGHT LODGING, HOTEL: | Any structure consisting of one or more buildings containing any combination of more than five guestrooms that meet the requirements for transient sleeping rooms or extended stay temporary residence dwelling units where all rooms/ units are accessed from an interior hallway or as having features of such sleeping rooms and dwelling units within the same room, and such structure is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where transient sleeping accommodations or temporary residence is offered for pay to persons, but the such structure does not otherwise meet the definition of Overnight Lodging, Bed and Breakfast, and does not include agricultural labor camps, apartment houses, apartments or other similar places of a permanent personal residence, lodging houses, rooming houses, or hospital or college dormitories. |
OVERNIGHT LODGING, MOTEL: | See definition for Overnight Lodging, Hotel. |
PARK: | An area of land for the enjoyment of the public, having facilities for rest and/ or recreation, owned and/or managed by a city, county, state, federal government, or metropolitan park district, not including trails. |
PARKING GARAGE: | An open or enclosed facility for temporary off-street parking of five or more motor vehicles located on publicly or privately owned property. |
PARKING LOT: | A parking area on the surface of a lot that is the principal use on the lot and which is operated by a public entity, whether for profit or not, for use by the owners or tenants of the lot and their invited guests and/or the general public. |
PERSONAL SERVICES: | An establishment that accommodates two or more clients at one time providing nonmedically related services, including, but not limited to, beauty salons, barber shops and tanning salons by licensed professionals, which may also include accessory retail sales of products related to the services provided. |
PRIVATE CLUB: | A public, commercial, or non-profit establishment that provides membership for participating in, or using, shared space, programming, or social activities and may not include any form of the adult entertainment business or retail sales. |
PUBLIC SAFETY FACILITY: | A government facility for public safety and emergency services, including a facility that provides police, fire protection, and/or emergency medical services and related administrative and training facilities. |
PUBLIC UTILITY BUILDING: | Any administrative, maintenance or service building operated by a public utility or any transmission facility of a public utility that does not meet the definition of an “essential service.” |
RECREATION, COMMERCIAL RECREATION, INDOOR: | An enterprise operated by other than a public entity for profit for indoor recreation and/ or leisure activities, including dance studios, health and/or fitness clubs, martial arts, and gymnasiums. |
RECREATION, COMMERCIAL RECREATION, INDOOR, SMALL-SCALE: | Indoor commercial recreation uses include, but are not limited to, fitness centers, bowling alleys, dance halls, skating rinks, indoor commercial swimming pools, and racquet and tennis clubs. |
RECREATION, COMMERCIAL RECREATION, OUTDOOR: | Public or private swimming pools, tennis courts, go-cart courses, or mechanical rides that are not enclosed in buildings and are operated on a commercial or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreation use is located. |
RECREATION, COMMUNITY PARK: | Property owned by the City of Belgrade, the State of Montana, Gallatin County, a conservation nonprofit, or the Belgrade School District devoted to open space and public recreation. |
RECREATIONAL VEHICLE AND TRAVEL TRAILER PARK: | Any area or tract of land rented or held out for rent to one or more persons or users for parking or placement of temporary recreational vacation housing. |
RELIGIOUS ASSEMBLY: | A use located in a permanent building and providing regular organized religious worship and related incidental activities, except child day care center, primary, secondary, college/ university, vocational schools, Community Facility, Active and Outdoor Recreation, and Enterprise, Indoor, and Outdoor. |
RESEARCH (LABORATORY) FACILITY: | A building or group of buildings for scientific research, investigation, testing, or experimentation, but not facilities for manufacturing or selling products. |
RESIDENTIAL, CARE FACILITY: | See State of Montana definition. |
RESIDENTIAL, GROUP CARE FACILITY: | An agency, other than a foster family home, which is maintained and operated for the care of a group of children on a twenty-four- hour basis; |
RESIDENTIAL, GROUP HOME: | A residence or facility that provides accommodations and supervision to six to sixteen unrelated adults, at least three of whom require personal care services. |
RESIDENTIAL, PERMANENT SUPPORTIVE HOUSING: | Community-based, long-term housing and supportive services, as appropriate, for individuals with disabilities. |
RESIDENTIAL, RESIDENTIAL (1 UNIT): | One to two dwelling units that are the only dwelling units on a lot, other than accessory dwelling units, and which share a common wall or roof on one or more adjacent lots, provided that the attached one-unit dwelling has a separate and distinct entrance from the units with which it shares a common wall or roof. |
RESIDENTIAL, RESIDENTIAL (2-4 UNITS): | Two to five dwelling units that are the only dwelling units on a lot, other than accessory dwelling units, and which share common walls or roofs on one or more adjacent lots. |
RESIDENTIAL, RESIDENTIAL (5+ UNITS): | Six or more dwelling units which are the only dwelling units on a lot and which share common walls or roof on one or more adjacent lots. |
RESIDENTIAL, SENIOR ASSISTED LIVING FACILITY | A residential facility licensed in the State of Montana is used for the reception and care of elderly individuals who, by reason of illness or physical or mental impairment require skilled nursing care and of individuals who require personal care services but not skilled nursing care. |
RESIDENTIAL, SENIOR INDEPENDENT LIVING FACILITY: | A housing arrangement designed exclusively for older adults, generally those aged 55 and over, whereby some facilities or services may be shared, however, residents have independent living quarters. |
RESIDENTIAL, SHORT-TERM RENTAL: | Any dwelling or portion thereof that is available for use or is used for accommodations or lodging of guests paying a fee or other compensation for a period of less than 30 consecutive days. |
RESIDENTIAL, SKILLED CARE FACILITY: | A residential home whereby residents require procedures or care that require technical skills and knowledge beyond those the untrained person possesses and that are commonly employed in providing for the physical, mental, and emotional needs of the ill or otherwise incapacitated. |
RESIDENTIAL, TOWNHOUSE: | Ownership of a parcel of land with an attached single-family dwelling unit that is connected with other similar dwelling units but separated from the other similar dwelling units by a common party wall having no doors, windows, or other provisions for human passage or visibility. |
RESIDENTIAL, TRANSITIONAL DWELLING: | Housing and supportive services are provided to homeless individuals and families for no longer than twenty four months, to enable them to obtain and maintain independent, permanent housing. |
RESTAURANT, FULL SERVICE: | A food service establishment with incidental alcohol consumption whereby servers bring food and beverages that are prepared in a kitchen or at a bar on-site, which may have a liquor license issued by the State of Montana |
RESTAURANT, LIMITED SERVICE: | A self-service food service establishment whereby meals are served at a faster rate than a full-service restaurant and food offerings are more extensive in variety than a fast food restaurant, which may have a liquor license issued by the State of Montana. |
RESTAURANT, QUICK SERVICE: | A food service establishment devoted to the preparation and offering of food and beverage for sale to the public for consumption via a counter or drive-through on or off the premises generally in disposable containers, and which offers standardized menus, ingredients, food preparation, decor, uniforms, architecture, or similar standardized features. |
RETAIL GASOLINE AND CONVENIENCE: | A facility associated with the sale of gasoline products that also offers for sale of prepackaged food items and tangible consumer goods, primarily for self-service by the consumer, which may include the sale of hot beverages, fountain-type beverages, beer, and pastries, and shall not have a retail liquor license other than for the sale of beer. |
RETAIL STORE: | A commercial establishment selling consumer goods, clothing, and other dry goods. |
SCHOOL, POST-SECONDARY: | A post-secondary institution, licensed by the State of Ohio, for higher learning that grants associate or bachelor’s degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees, which may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields. |
SCHOOLS, PRIMARY: | A place of instruction operated by a public or religious organization, having regular sessions, with regularly employed instructors and meeting all of the Ohio Department of Education requirements for providing primary education. |
SCHOOLS, SECONDARY: | A place of instruction operated by a public or religious organization, having regular sessions, with regularly employed instructors and meeting all of the Ohio Department of Education requirements for providing secondary education. |
SMALL CELL FACILITY: | A collection of interrelated small cell facilities designed to deliver personal wireless services. |
THEATER: | A public, private, or non-profit indoor or outdoor theater or stage used for theatrical, musical, or artistic live productions attended by an audience. |
UTILITY GENERATION FACILITY: | A facility that converts one or more energy sources, including but not limited to water power, fossil fuels, nuclear power, or solar power, into electrical energy or steam, which may also perform either or both of the following functions: (a) operation of a transmission system that conveys the energy or steam from the generation facility to a power distribution system; (b) operation of a distribution system that conveys energy or steam from the generation facility or the transmission system to final consumers. |
VEHICLE (EQUIPMENT) REPAIR: | The replacement of any part or repair of any part that does not require removal of the engine head or pan, engine transmission or differential, incidental body and fender work, minor painting and upholstering service to automobiles and trucks not in excess of 7,000 pounds gross weight. |
VEHICLES AND EQUIPMENT, LARGE: | Any vehicle used or designed to be used for business or commercial purposes including but not limited to: buses, concrete trucks, dump trucks, garbage trucks, box trucks, stake bed trucks, flatbed trucks, semi tractors, semi trailers, step vans, tack trucks, tar trucks, and tow trucks; whether used for business, commercial or personal purposes. Pickup trucks, panel trucks, or light trucks which have the operating characteristics similar to those of a passenger car are not considered commercial vehicles unless they are used for business or commercial purposes. |
VEHICLE SALES: | An establishment for the storage and displays for sale of more than two passenger vehicles and where repair or body work is incidental to the operation of the new or used vehicle sales, which include motor vehicle retail or wholesale sales. |
WAREHOUSE: | An enclosed storage facility used to store goods or parts or for any part of the shipping process. |
WHOLESALE ESTABLISHMENT: | An establishment for the sale of goods and merchandise for resale instead of direct consumption. |
WHOLESALE SALES: | An establishment engaged in selling merchandise to retailers, contractors, or other users, typically in bulk; the gross floor area of the building is often devoted to warehousing for the distribution of material or items displayed in a showroom. |
SIGN: | Any emblem, painting, banner, pennant, placard, design, identification, description, illustration or device, illuminated or nonilluminated, to advertise, identify, convey information or direct attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise. For the purpose of removal, signs also include all sign structures. Signs as defined herein do not include temporary holiday decorations or landscape features that do not display a commercial message. |
ABANDONED: | A sign that no longer correctly advertises a bona fide business, lessor, owner, product or activity conducted, or product available on the premises where the sign is displayed or elsewhere for a period of 6 months. |
ADDRESS NAMEPLATE: | A sign that identifies the street number and/or street name for identification purposes, as designated by the United States Postal Service. |
ART: | See definition “Art/Public Art.” |
AWNING: | Any sign attached to or constructed in, on, or under an awning. |
BACKLIT/HALO: | A sign that has a source of copy illumination designed to project lighting against the surface behind the copy. Sign, Banner. A sign of lightweight fabric or similar non-ridged material that is mounted with no enclosing framework. |
BILLBOARD: | Same as “off-premise sign.” |
BUSINESS CENTER: | A sign identifying the entrance to a business center and/or the names of the businesses located within the business center. |
CAMPAIGN: | A temporary sign displayed on a lot during an active local, state or federal campaign for public office or ballot issue or referenda, generally intended to promote the ultimate exercise of voting by the general public. |
CANOPY: | Any sign attached to or constructed in, on, or under a canopy. |
CHANGEABLE COPY (MANUAL): | A sign upon which the message can be readily modified by changing letters and/or symbols by other than electronic means. |
CONSTRUCTION: | A temporary sign located on a lot upon which building or construction is actively occurring. |
DIRECTIONAL (DRIVEWAY): | A sign located near a driveway entrance from a street or near an internal site driveway or drive aisle. |
DOUBLE-FACED: | A sign with copy on two parallel faces that are back to back, facing in opposite directions. |
ELECTRONIC MESSAGE (EMS): | A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. (See also following terms principally associated with electronic message signs: display time, dissolve, dynamic frame effect, fade, frame, frame effect, scroll, transition, travel). |
ENGRAVED: | A sign whose characters are engraved or etched onto the exterior wall of a building or onto a plaque mounted on the exterior wall of a building or onto a plaque mounted on the exterior wall of a building. |
EXTERNALLY ILLUMINATED: | A sign illuminated by or exposed to artificial lighting by lights on the sign or directed toward the sign. |
FEATHER: | A lightweight, portable sign mounted along one edge on a single, vertical, flexible pole the physical structure of which may resemble a sail, bow, or teardrop. |
FLAG: | A generally rectangular or triangular sign or part of a sign made of fabric or other pliant material attached to a flagpole only along one side and which predominately displays distinctive colors, images, shapes or designs rather than legible words, letters, numbers or other linguistic characters. |
FLASHING/STROBE: | Any sign that contains an intermittent or flashing light source, or that includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source, not including changeable message signs. |
FREESTANDING: | A sign that is part of a self-supporting structure, other than a building or portion of a building. Sometimes referred to as a “ground sign.” |
GOVERNMENT: | A sign installed by or on behalf of the city or other branch of government, |
HOLIDAY DISPLAY: | A displays erected on a seasonal basis in observance of religions, national or state holidays that are not intended to be permanent in nature and that contain no commercial message. |
INFLATABLE: | A sign whose shape or structure is provided by inflation or by the affect of forced air. |
INTERIOR: | A sign mounted or located in the interior of a building that is legible by a person with 20/20 vision when standing at ground level from outside the lot on which the subject building is located. |
INTERNALLY ILLUMINATED: | A sign lighted by or exposed to artificial lighting by lights in the sign. |
MARQUEE: | Any sign attached to or constructed in, on, or under a marquee. |
MENU BOARD (DRIVE-THROUGH): | A sign located on the site of an allowed drive-through use. |
MESSAGE BOARD: | A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. |
MONUMENT: | A sign supported primarily by an internal structural framework or integrated into landscaping or solid structural features other than support poles. Monument sign also means ground sign. |
OFF-PREMISE: | A sign that advertises goods, products, facilities, events or services not on the premises where the sign is located, or directs persons to a different location from where the sign is located. |
MURAL OR GHOST: | Signs painted directly onto a building wall. |
OUTDOOR ADVERTISING DISPLAY: | Meets the following: |
• Includes: Any card, paper, cloth, metal, wooden or other display or device of any kind or character, including, but not limited to, any poster, bill printing, painting or other advertisement of any kind whatsoever, including statuary, placed for outdoor advertising purposes or on the ground or any tree, wall, rock, fence, building, structure, or thing. | |
• Does Not Include: Official notices issued by any court or public body or officer; | |
• Notices posted by any public officer in performance of a public duty or by any person in giving legal notice; | |
• Directional, warning or informational structure required by or authorized by law or by federal, state, county, or city authority. | |
POLE: | A freestanding sign that is affixed, attached, or erected on a pole that is not itself an integral part of or attached to a building or structure. |
PORTABLE: | Any sign not permanently attached to the ground or a building. |
PROJECTING: | A sign, normally double-faced, that is attached to, and projects from, a structure or building facade. Awning, canopy and marquee signs are not considered projecting signs. |
ROOF: | A sign erected upon, against or above a roof. |
SANDWICH BOARD: | A portable sign that is generally temporary in nature and that is freestanding. |
SEARCHLIGHT: | A light source and a reflector for projecting a high-intensity beam of light into the sky or surrounding area. |
SIGN CONTRACTOR: | Any person, partnership or corporation engaged, in whole or in part, in the erection or maintenance of signs, excluding the business that the sign advertises. |
SIGN STRUCTURE: | Any device or material that supports, has supported, or is capable of supporting, a sign in a stationary position, including decorative covers. |
SPECIAL EVENT: | A sign approved in connection with a special event permit approved by the common council. |
SWINGING: | A sign installed on an arm or mast or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole. |
TEMPORARY: | A banner, pennant, poster or advertising display that is not permanently attached to a building or the ground and that is intended to be displayed for a limited period of time only. Sign, Wall. A sign attached to the wall of a building with the face in a parallel plane to the plane of the building wall. Sign, Window (or Door). A non-illuminated sign that is placed inside the glass of a window or door and that is visible from the exterior of the window or door. (Ord. 2023-7, 7-17-2023) |