(1)   Words used in the present tense include the future tense.

      (2)   Words used in the singular include the plural, and words used in the plural include the singular, unless the natural construction of the wording indicates otherwise.

      (3)   The words “used for” shall include the meaning and application of “designed for.”

      (4)   The word “shall” is always mandatory.

      (5)   The word “encouraged” is directory, and is used to express an intent, although not necessarily a requirement.

      (6)   Where there appears to be a conflict between the content of the text of these regulations and any definition provided in this chapter, the text shall take precedent.

      (7)   Should any question of definition arise for a term not listed in this chapter or not defined elsewhere in these regulations or the Montana Code Annotated, the Zoning Administrator may, at their discretion, research the term and provide a definition for general use in administering and interpreting these regulations. The hierarchy for sources used by the Administrator will include the MCA, other City regulations and codes and Black’s Law Dictionary. Black’s Law Dictionary is a primary source used to define legal terms, especially those not commonly found in standard English dictionaries.

   (B)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any definitions which reference Montana Code Annotated definitions will use the most updated code definition.

      ABATEMENT. The termination of a zoning violation by reasonable and lawful means so that a building, structure, premises, land, or portion thereof shall be made to comply with this code.

      ACCESS. The legal means of approach to provide vehicular and/or pedestrian physical entrance to a property.

      ACCESSORY. Customarily associated with and incidental and subordinate to.

      ACCESSORY DWELLING UNIT (ADU). An independent and separate dwelling unit that is subordinate to the primary residential use of a property. Includes the terms “accessory apartment,” “garage apartment,” “granny flat”, and “mother-in-law apartment”.

      ACCESSORY USE AND STRUCTURES. A structure or use of land, or of a building or portion thereof, that is customarily incidental and subordinate in area, extent, or purpose to the principal use or structure, and is located on the same lot as the principal structure or use.

      ADULT BOOKSTORE AND RETAIL. An establishment having all or a portion of its display area, stock in trade, or floor area used for the sale or rental of books, magazines, publications, tapes, films, video disks, or other media that is distinguished or characterized by an emphasis on sexually oriented and/or sexually explicit material, describing, relating to, or depicting sexual activities.

      ADULT ENTERTAINMENT. An establishment, either with or without a liquor license, offering sexually oriented live entertainment which may include, but is not necessarily limited to, entertainers, male or female, performing disrobed, partially disrobed, or in the act of disrobing, and/or touching patrons in a sexually explicit or sexually suggestive manner.

      AGRICULTURE. The use of land for apiculture, farming, dairying, grazing, the growing of crops, or the raising and/or breeding of animals for meat and fiber. This definition excludes feed lots or slaughtering and/or packing facilities.

      ANIMAL SHELTER. A place that temporarily houses stray animals and may include a crematorium.

      AUTO SALVAGE YARD. Any space, either inside or outside of a building, greater than 200 square feet in area, used for the storage, dismantling, disassembling, or salvaging wrecked or otherwise immobilized motor vehicles, including snowmobiles, motorcycles, trailers, and ATVs.

      BED AND BREAKFAST. A private owner or manager-occupied residence that rents rooms therein by the night or week to transient guests for compensation, and in which breakfast is provided only to room guests, the cost of which is included in the price of the room. Terms of occupancy in a bed and breakfast shall be not more than 30 consecutive days. For purposes of these regulations, no BED AND BREAKFAST shall have more than six rooms available for rent or serve more than 18 daily guests (§ 50-51-102(1), MCA), and all rooms shall be contained within the principal structure on the lot. All BED AND BREAKFAST must be licensed by the State of Montana.

      BOARD OF ADJUSTMENT. The Board of Adjustments (BOA) consists of five (5) members appointed by the mayor for three (3) year terms, subject to confirmation by the City Council. The BOA deliberates on requests for variances from the City of Boulder Zoning Ordinance to address any undue hardship caused by city zoning regulations on building a new structure(s), rehabilitating an existing structure(s), or expanding the existing structure(s) on such property. The BOA is a separate entity from the Zoning Commission and Planning Board.

      BUILDING. Any structure having a roof supported by columns or walls, and intended for the shelter, housing, or enclosure of any individual, group of individuals, animal, process, equipment, goods, or material of any kind.

      BUILDING HEIGHT. See HEIGHT, STRUCTURAL.

      CASINO. An establishment or any portion of an establishment that offers live and/or machine gambling to patrons. Includes the term “gambling enterprise” as defined in MCA § 23-5-112(16).

      CHARACTER. Special physical features, characteristics, or scale of a structure or area that set it apart from its surroundings and contribute to its interest and/or individuality.

      CHILDREN. Persons under 13 years of age or a person with special needs, as defined by the Department of Public Health and Human Services, or who is under 18 years of age or is 18 years of age and a full-time student expected to complete an educational program by 19 years of age.

      CHILDCARE. See DAY CARE.

      CHURCH. See RELIGIOUS INSTITUTION.

      COMMUNITY RESIDENTIAL FACILITY. This term is defined by MCA § 76-2-411 and includes:

         (a)   A community group home for developmentally, mentally, or severely disabled persons that does not provide skilled or intermediate nursing care;

         (b)   A youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program, or youth group home as defined in MCA § 52-2-602;

         (c)   A halfway house operated in accordance with regulations of the Department of Public Health and Human Services for the rehabilitation of alcoholics or drug dependent persons;

         (d)   A licensed adult foster family care home; or

         (e)   An assisted living facility licensed under MCA § 50-5-227.

      CONDITIONAL USE. A use of land or structures allowed within a zoning district provided that the conditions specified in the district regulations for the use are met. This includes any LAWFUL SIMILAR USE as determined by the Zoning Administrator.

      CONDOMINIUM. Is the ownership of single residential units with common elements located on property submitted to the provisions of Title 70, Chapter 23. MCA. The term does not include a townhome or a townhouse.

      CREDIT UNION. See FINANCIAL INSTITUTION.

      DAYCARE. Care for children provided by an adult, other than a parent of the children or other person living with the children as a parent, on a regular or irregular basis, as applicable, for daily periods of less than 24 hours, whether that care is for daytime or nighttime hours. Also includes the term CHILDCARE.

      DAYCARE HOME. A home-based childcare facility licensed by the State Department of Health and Human Services and providing daycare for not more than 12 children. This term includes “family daycare home” and “group daycare home” as defined in MCA § 52-2-703.

      DIMENSIONAL STANDARDS. Include building height, building setbacks from lot line, other buildings, minimum lots sizes and parking space size.

      DINING AND DRINKING ESTABLISHMENT. Includes any type of restaurant, café, or coffee shop where patrons are served prepared food and/or beverages (including alcoholic beverages), for consumption on premises, for compensation. This term also includes the terms “bar,” “tavern,” “pub”, “public house”, “brewpub”, “tap room” and “roadhouse”, and also includes “carry out” and “delivery” services for off-premises consumption of prepared foods. This term does not include “casinos.”

      DRIVE-THROUGH FACILITIES. Site facilities and/or features that, by design, provide access to the site for customers to order, shop, make purchases, and/or generally conduct business while remaining in their motor vehicles. Includes the terms “drive-up facilities” and “drive-in facilities.”

      DUPLEX. A residential unit divided into two residential apartments, with a separate entrance for each located on an individual parcel or lot.

      DWELLING UNIT. One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the unit for the exclusive use of a single-family maintaining a household.

      DWELLING UNIT, MULTI-FAMILY. A dwelling unit within a structure situated on a single lot and designed for and containing three or more separate dwelling units. This definition is inclusive of the term’s “apartment,” “multi-family housing unit”, and “townhome unit” when the townhome structure contains three or more separate units.

      DWELLING UNIT, SINGLE-FAMILY DETACHED. A structure designed and intended for residential use, that contains one dwelling unit and is not attached or physically connected to any other dwelling by any means (except for an accessory dwelling unit (ADU) which may be allowed by this chapter and per statute) and is surrounded by open space or yards.

      EXTRACTIVE INDUSTRIES. The business of removing minerals and other material from the ground; includes quarrying, the removal of sand, soil, stone, gravel, or clay, and all mining operations.

      FENCING-RETAINING WALL. Any structural device forming a physical barrier between two open areas.

      FINANCIAL INSTITUTION. An establishment duly licensed by the state and/or federal government to provide banking, saving, brokerage, safe deposit, and other types and combinations of consumer financial services. Does not include offices whose sole function is brokerage and/or financial planning services.

      FLOODPLAIN. An area having special flood, mudflow or flood-related erosion hazards and shown on the City’s Flood Hazard Boundary Maps (FHBM) or a Flood Insurance Rate Maps (FIRM). In general terms, the Federal Emergency Management Administration (FEMA) defines a floodplain as any land area susceptible to being inundated by floodwaters from any source such as a river.

      FLOOR AREA. Means the total of the horizontal areas of a building, as calculated by using the exterior dimensions.

      GRADE. Slope of the land, whether natural or human-made. Also, the percentage or ratio of rise or descent of a sloping surface. (Example: The grade of a street, or grade of a site or lot.) GRADE is measured as vertical rise (or descent) divided by a given horizontal distance. (Example: A lot on which the elevation rises ten feet from front to rear, and is 100 feet in depth, has a grade (or slope) of 10%; also expressed as a ratio of 1:10.)

      GRADE, FINISHED. The final elevation of the average ground level adjoining a structure at all exterior walls after development. Also refers to the state of the land after grading and/or filling is complete.

      GRADE, NATURAL. The elevation and/or slope of the land in its natural state, prior to any excavation, filling, or construction.

      GROCERY STORE. Permanent business establishment selling prepared or unprepared and packaged food items and miscellaneous household items at retail. Term includes “food co-op,” but does not include temporary uses, such as farm stands, produce stands, or mobile food vendors.

      GROSS FLOOR AREA. The total floor area of a structure, including all hallways, stairs, restrooms, storage, lobbies, and other common areas. In residential situations, GROSS FLOOR AREA does not include basements that are completely below ground level and that do not have egress windows.

      HEIGHT, STRUCTURAL. The mean linear distance from the ground level on finished grade at the midpoint and immediately adjacent to each of the walls of a structure to the highest point of the structure, not including antennas, chimneys, steeples, or roof-top mechanical devices.

      HOME OCCUPATION-BASED BUSINESS. A home occupation-based business means an occupation, trade, profession or craft conducted entirely within a residential building and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the residential use of the dwelling, and does not change the character thereof.

      HOMELESS SHELTER OR WARMING SHELTER. A facility providing temporary housing to indigent, needy, or homeless persons.

      HOTEL. A facility offering transient lodging accommodations to the general public, and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and fitness/recreational facilities. It includes the term MOTEL but does not include the terms BED AND BREAKFAST or TOURIST HOME.

      JUNK. Any scrap, waste, reclaimable material, or debris, including vehicle parts, whether or not stored, for sale, or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or for other use or disposition.

      JUNK VEHICLE. An inoperable motor vehicle, or component parts thereof, meeting the definition set forth in MCA § 75-10-501.

      KENNEL, BOARDING. An establishment in which dogs or other domesticated animals are housed, groomed, boarded, or trained, all for a fee for service.

      KENNEL, BREEDING. The keeping, breeding, raising, showing, or training of four or more dogs over the age of six months, either for the personal enjoyment of the owner or occupant, or for compensation.

      LANDSCAPE-BUFFER PLAN. A scale drawing of a lot or site that depicts areas to be landscaped, and on which is shown some or all of the following:

         (a)   Proposed tree and plant species;

         (b)   Buffers and screening devices.

         (c)   Maintenance Plan.

      LANDSCAPING. For purposes of these regulations, trees, shrubs, grasses and other ground covers, and other materials, such as rock, wood chips, decorative features (birdbaths, sculpture, and the like), patterned walks, fountains, pools, and similar naturalistic features for the primary purpose of highlighting, complementing, or enhancing a structure(s) or any other development on a site or lot.

      LAWFUL SIMILAR USE. A use that is not necessarily in the list of permitted or conditional uses for a particular zoning district, but which in the judgment of the Zoning Administrator, has similar characteristics, traffic generation, intensity of use, and neighborhood and community impacts as uses that are so listed.

      LIGHTING - OUTDOOR. The nighttime illumination of an outside area or object by any manmade device that produces light, including lights located indoors which are directed for outdoor illumination.

      LIVE WORK UNIT. Structures that combine residential and non-residential uses. These units require the owner of the business, or an employee, to also reside in the property or vice versa.

      LIVESTOCK. Cattle, horses, mules, asses, sheep, llamas, alpacas, bison, swine, ostriches, rheas, emus, goats, alternative livestock as defined in 87-4-406 MCA., and other animals for purposes of disease prevention, control, and eradication.

      LODGING USE. The provision of temporary living quarters, with or without meals, for transient guests for a fee, and for a period of less than 30 consecutive days.

      LOT. A unit of land described by letter or number in a legally recorded subdivision. Also includes a parcel of land described by metes and bounds, the description of which has been so recorded and appears on its deed. Term includes “lot of record.”

      LOT, DOUBLE FRONTAGE. A lot that fronts on one street with its side lot line lying adjacent to an intersecting street; a corner lot.

      LOT FRONTAGE. The area of a lot adjacent to the street right-of-way from which it gains access. Also refers to a measurement of the width of the lot at the street right-of-way.

      LOT LINE, FRONT. The boundary segment of a lot that lies adjacent to the street from which the lot gains access and/or is addressed.

      LOT LINE, REAR. The boundary segment of a lot that lies most opposite the front lot line.

      LOT LINE, SIDE. Any boundary segment or segments connecting the front and rear lot lines.

      LOT, THROUGH. A lot which fronts on one street and runs through to a parallel street in the rear.

      MAJOR RECREATIONAL EQUIPMENT. Includes, but is not necessarily limited to, snowmobiles and snowmobile trailers, livestock trailers, boats and boat trailers, travel trailers (including pop-up campers), pickup camper tops when not mounted on a vehicle, motor homes, tent trailers, as well as the cases, boxes, or containers used for transporting or shipping recreational equipment, whether or not occupied by such equipment.

      MANUFACTURED HOME. A residential dwelling built in a factory in accordance with Title 50, Chapter 60, Part 4 of the Montana Code Annotated. A manufactured home does not include a mobile home, house trailer or any type of major recreational equipment.

      MANUFACTURED HOME PARK. An area designed for and occupied by two or more manufactured homes of any class where designated spaces are rented or leased to persons having their own manufactured homes. Also includes similar areas in which the manufactured home and the space are rented or leased to tenants.

      MARIJUANA PRODUCT. A product that contains marijuana and is intended for use by a consumer. The term includes but is not limited to edible products, ointments, tinctures, marijuana derivatives, and marijuana concentrates, including concentrates intended for use by smoking or vaping.

      MOBILE FOOD ESTABLISHMENT. A retail food establishment that serves or sells food from a motor vehicle, a nonmotorized cart, a boat, or other movable vehicle that periodically or continuously changes location and requires a servicing area to accommodate the unit for cleaning, inspection and maintenance.

      MOBILE HOME. A form of housing known as “trailers”, “housetrailers”, or “trailer coaches” exceeding 8 feet in width or 45 feet in length, designed to be moved from one place to another by an independent power connected to the mobile home or any trailer, housetrailer, or trailer coach up to 8 feet in width or 45 feet in length used as a principal residence. A mobile home does not include a manufactured home, house trailer or any type of major recreational equipment.

      MOTEL. See HOTEL.

      NONCONFORMING LOT OF RECORD (PRE-EXISTING). Any legally created lot of record that conformed to prior regulations but does not conform to the standards set forth in these regulations for lot area, dimensions, or configuration.

      NONCONFORMING STRUCTURE (PRE-EXISTING). A structure of any kind that was legal under prior regulations but does not conform to these regulations in terms of setbacks and height, on the subject lot.

      NONCONFORMING USE (PRE-EXISTING). A use of land that was allowed under prior regulations, but which does not conform to these regulations.

      NUISANCE. Anything that is injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or that unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin or any public park, square, street, or highway is a nuisance per 27-30-101, MCA.

      OCCUPANT. An individual, individuals, or entity in actual possession of a premises.

      OFF-STREET PARKING. Spaces for automobiles that are provided, or are required to be provided under these regulations, on private property, usually on the same lot or parcel as the business, residence, or other entity served by the parking, and not located on a street or other public way.

      PERSONAL SERVICES. Establishments primarily engaged in providing services, for compensation, involving the care of a person or his or her personal goods or apparel.

      PERMANENT FOUNDATION. Permanent masonry, concrete, or footing or foundation, to which a manufactured, mobile or conventionally built home may be affixed.

      RECREATIONAL VEHICLE (RV). See MAJOR RECREATIONAL EQUIPMENT.

      RELIGIOUS INSTITUTION. A church, synagogue, temple, mosque, or other facility where prayer, worship, fellowship, and education are partaken in by persons of similar beliefs. Also, a special purpose building or complex of buildings that is architecturally designed or particularly adapted for the primary use of conducting formal religious services on a regular basis.

      RESIDENTIAL USE. Use of land and/or buildings for sleeping, eating, congregating, and general housekeeping by an individual, group of individuals, or family.

      RESIDENTIAL UNIT. A single home, apartment, residential condominium unit or mobile home, serving as the principal place of residence.

      RESTAURANT. See DINING AND DRINKING ESTABLISHMENT.

      RETAIL. The business activity through which durable and non-durable goods of all kinds, including food and specialty items and household furnishings, are offered for sale to the general public. This term does not include sales of motor vehicles, trailers, trucks, and RVs, nor does it include the sale of medical marijuana.

      RETAINING WALL. A structure that is constructed between lands of different elevations in order to stabilize the surfaces, prevent erosion, and/or collapse, and protect other structures, such as homes and businesses.

      RUBBISH. Generic term for solid waste, excluding food waste and ashes, taken from residences, commercial establishments, and institutions.

      SCALE. The proportioned relationship of the size of parts to one another, as in the scale of buildings or of a neighborhood. Also, the relationship between distances on a map and actual ground distances.

      SELF-STORAGE FACILITY. A building or group of buildings containing separate, individual, and private storage spaces or varying sizes available for lease or rent for varying periods of time. Includes the terms “mini-storage” and “mini-warehouses.”

      SETBACK. The distance between a structure and any given lot line (front, side, or rear).

      SHORT-TERM RENTAL/ VACATION RENTAL. Any individually or collectively owned single-family house or dwelling unit or any unit or group of units in a condominium, cooperative, timeshare, or owner-occupied residential home that is offered for a fee for 30 consecutive days or less per MCA Title 15 Chapter 68 includes terms AIRBNB/VRBO. Must provide proof of licensing through DPHSS for public accommodation.

      SIGN. An object, device, display, or structure, or part thereof, situated outdoors or indoors, that is intended and used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illuminated, or projected images.

      SIGN, TEMPORARY. A sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material, and designed or intended to be displayed for a relatively short period of time; not permanent.

      STRUCTURE. A combination of materials that, when combined and assembled in the process of construction, form a substantial object for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water; a combination of materials assembled and set upon the land for a beneficial use.

      SUBDIVISION. The division of a lot, tract, or parcel of land into two or more lots, or other divisions of land for sale, development, or lease. A division of land meeting the definition of subdivision set forth in MCA § 76-3-103.

      SUBDIVISION EXEMPTION. The State of Montana provides that certain divisions of land, which would otherwise constitute subdivisions, are exempt from local subdivision review and approval, unless the development is an attempt to evade the Montana Subdivision and Platting Act (MSPA), Section 76-3-101, et seq.

      TAVERN. See DINING AND DRINKING ESTABLISHMENT.

      TELECOMMUNICATIONS FACILITY. A federal communications commission licensed facility, including at least one tower and support functions, designed, and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices and equipment. Does not include broadcast antennas, amateur radio transmission facilities, or antennas for public service communications, such as police, fire, and other emergency services.

      TEMPORARY USE. A land use that is not intended to be permanent.

      THEATER. A building or part thereof used to show motion pictures or theatrical productions including drama, dance, musical/concerts, or other live performances.

      TOWNHOME OR TOWNHOUSE. Property that is owned subject to an arrangement under which persons own their own units and hold separate title to the land beneath their units, but under which they may jointly own the common areas and facilities submitted to the provisions of Title 70, Chapter 23, MCA.

      TRAVEL TRAILER. See MAJOR RECREATIONAL EQUIPMENT.

      ZONING ADMINISTRATOR. The Zoning Administrator is the City staff appointed by the City Council and is charged with the administration, interpretation, and enforcement of the Zoning Code.

      ZONING COMMISSION. The Zoning Commission is established as authorized in MCA § 76-2-307 to undertake specific tasks on behalf of the City Council, including but not limited to the review of zoning text and map amendments and applications for conditional use permits. The City of Boulder Planning Board also serves as the Zoning Commission, but the statutory duties of the Planning Board are separate from those of the Zoning Commission.

      ZONING DISTRICT. As used in these regulations, this term refers to individual zoning districts, such as a residential, highway business, general industrial, and the like. The term does not refer to all zoned land within the city collectively.

      ZONING PERMIT. A permit issued by the city that verifies that the development described in the permit meets the applicable requirements of this chapter.

(Ord. 2025-03, passed 9-15-2025)