Unless the context otherwise requires, the following definitions set forth in this chapter shall be used in the interpretation and construction of this title. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word structure"; the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased" or "intended to be used" and the word "shall" is mandatory and not directory.

(Ord. 53 § 10-6 (part), 1978)

"Accessory or auxiliary use or structure" means a use or structure subordinate to the principal use of a building or to the principal use of land and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or land use. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.

(Ord. 53 § 10-6 (part), 1978)

"Actual construction" means and includes the placing of construction materials in permanent position and fastened in a permanent manner.

(Ord. 53 § 10-6 (part), 1978)

"Adult bookstore" means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities (see Section 17.04.453), or specified anatomical areas (see Section 17.04.452), or an establishment with a segment or section devoted to the sale or display of such material.

(Ord. 117 § 1(A) (part), 1980: Ord. 53 § 10-6 (part), 1978)

"Adult entertainment cabaret" means a public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dances, strippers, male or female impersonators, or similar entertainers.

(Ord. 117 § 1(A) (part), 1980: Ord. 53 § 10-6 (part), 1978)

"Adult mini motion picture theater" means an enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities (see Section 17.04.453), or specified anatomical areas (see Section 17.04.452), for observation by patrons therein.

(Ord. 117 § 1(A) (part), 1980: Ord. 53 § 10-6 (part), 1978)

"Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities (see Section 17.04.453), or specified anatomical areas (see Section 17.04.452), for observation by patrons therein.

(Ord. 117 § 1(A) (part), 1980: Ord. 53 § 10-6 (part), 1978)

"Agriculture" means the use of the land for such purposes as farming, dairying, pasturage, grazing, animal and poultry husbandry, silviculture and removal of forest products, floriculture, and horticulture.

(Ord. 53 § 10-6 (part), 1978)

"Airport" means the Bert Mooney-Silver Bow County Airport.

(Ord. 53 § 10-6 (part), 1978)

"Airport elevation" means the established elevation of the highest point on the usable landing area. The airport elevation of the Bert Mooney-Silver Bow County Airport is five thousand five hundred fifty-three feet above sea level.

(Ord. 53 § 10-6 (part), 1978)

"Airport hazard" means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

(Ord. 53 § 10-6 (part), 1978)

"Alley" or "lane" means a public or private way not more than thirty feet wide affording generally secondary means of access to abutting property and not intended for general traffic circulation.

(Ord. 53 § 10-6 (part), 1978)

"Alteration" means change or rearrangement of the structural parts of existing facilities, or enlargement by extending the sides or increasing height or depth, or moving from one location to another.

(Ord. 53 § 10-6 (part), 1978)

"Amusement centers," "skill device gamerooms," "penny arcades," and "recreation centers" mean a place where various types of entertainment, including more than three video electronic skill games, are made available as a means of entertainment to the general public.

(Ord. 164 § 1(E), 1982: Ord. 53 § 10-6 (part), 1978)

"Apartment" means a suite of rooms or a room in a multi-family building arranged and intended for a place of residence for a single family or a group of individuals living together as a single housekeeping unit.

(Ord. 53 § 10-6 (part), 1978)

"Apartment hotel" means an apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.

(Ord. 53 § 10-6 (part), 1978)

For the definition of "apartment house" see dwelling, multi-family.

(Ord. 53 § 10-6 (part), 1978)

"Approach, transitional, horizontal, and conical zones" apply to the area under the approach, transitional, horizontal, and conical surfaces defined in Federal Aviation Regulations (FAR), Part 77.

(Ord. 53 § 10-6 (part), 1978)

"Bar" or "tavern" means an establishment where alcoholic beverages are served on the premises and where the total sales of alcohol exceeds the total sales of food.

(Ord. 53 § 10-6 (part), 1978)

"Basement" means a story whose floor line is below grade at any entrance or exit and having more than one-half of its clear height below the adjoining finished grade.

(Ord. 53 § 10-6 (part), 1978)

"Big Hole River" means the floodway fringe of the Big Hole River, including all primary and secondary channels.

(Ord. 04-3 § 1, 2004)

"Big Hole River conservation development standards intergovernmental agreement" means the intergovernmental agreement between Anaconda-Deer Lodge County, a city/county consolidated and chartered government organized under the laws of the state of Montana, Beaverhead County, a political subdivision of the state of Montana, the city and county of Butte-Silver Bow, a municipal corporation and political subdivision of the state of Montana, and Madison County, a political subdivision of the state of Montana, that facilitates the establishment and implementation of the conservation development standards along the Big Hole River.

(Ord. 05-4 § 1, 2005)

"Big Hole River conservation development standards review board" means a nine-member citizens advisory board made up of one representative of the Big Hole watershed committee and two representatives from each of the following governmental entities: Anaconda-Deer Lodge County, a city-county consolidated and chartered government organized under the laws of the state of Montana, Beaverhead County, a political subdivision of the state of Montana, the city and county of Butte-Silver Bow, a municipal corporation and political subdivision of the state of Montana, and Madison County, a political subdivision of the state of Montana. The review board shall adopt bylaws as needed to carry out the Big Hole River conservation development standards intergovernmental agreement in compliance with the zoning ordinance.

(Ord. 05-4 § 2, 2005)

"Board of adjustment" is a board consisting of five members appointed by the chief executive and confirmed by the council of commissioners.

(Ord. 53 § 10-6 (part), 1978)

"Boardinghouse" and/or "lodginghouse," including "roominghouse," means a building, or portion thereof, other than a hotel, where lodging and/or meals for five or more persons are provided for compensation.

(Ord. 53 § 10-6 (part), 1978)

"Breezeway" means a roofed passageway joining two separate buildings.

(Ord. 53 § 10-6 (part), 1978)

"Bridge private" means a bridge that is not owned by the federal, state or local government or a division thereof.

(Ord. 04-3 § 2, 2004)

"Building" means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed to be a separate building. Except, however, as used in the historic overlay zone, "building" shall apply to all structures except accessory or ancillary facilities such as sheds, private garages and similar structures.

(Ord. 238 § 1(A)(1), 1985: Ord. 53 § 10-6 (part), 1978)

"Building, height of" means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

A.

The elevation of the highest adjoining sidewalk or ground surface within a five foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above lowest grade.

B.

An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection A of this section is more than ten feet above lowest grade.

The height of a stepped or terraced building is the maximum height of any segment of the building.

(Ord. 299 § 1(A) (part), 1987: Ord. 53 § 10-6 (part), 1978)

"Building official" means the official or other designated authority charged with the administration and enforcement of the latest adopted edition to the Uniform Building Code and supplements, or his duly authorized representative.

(Ord. 738 § 1(A)(2), 1985: Ord. 53 § 10-6 (part), 1978)

"Building or setback line" means the line outside the right-of-way of a street beyond which no building or part thereof shall project, except as otherwise provided by this title.

(Ord. 53 § 10-6 (part), 1978)

"Business or commercial use" means:

A.

The purchase, sale, offering for sale, or other transaction involving the handling or disposition of any article, service, or commodity for livelihood, profit, management, or occupancy of an office building, offices, recreational, or amusement enterprises;

B.

The maintenance and use of buildings, offices, structures, or premises by professionals and trades, or persons rendering services.

(Ord. 53 § 10-6 (part), 1978)

"Butte National Historic Landmark District," hereinafter called the "landmark district," means those properties within the city and county of Butte-Silver Bow which have been officially recognized by the Secretary of the United States Department of the Interior as nationally significant by contributing to the understanding of national, state and local history, and is generally described as being bounded on the south by the railroad right-of-way south of Front Street, by May Street on the west, by the Berkeley Pit on the east, and the town of Walkerville on the north.

(Ord. 238 § 1(A)(3), 1985: Ord. 53 § 10-6 (part), 1978)

"Butte-Silver Bow" means the local government of the city and county of Butte-Silver Bow, state of Montana, and where applicable, includes its officers, employees, agencies, boards and commissions.

(Ord. 238 § 1(A)(4), 1985: Ord. 53 § 10-6 (part), 1978)

"Campgrounds" mean any area or tract of land used or designed to accommodate two or more mobile homes, motor homes, travel trailers, pickup campers, camping trailers, cabins, tents or other camping outfits.

(Ord. 53 § 10-6 (part), 1978)

"Camping trailer" and "camping vehicle" mean a vehicular portable structure designed as a temporary dwelling for travel, recreation and vacation uses, which:

A.

Is identified on the unit by the manufacturer as a camping trailer or camping vehicle;

B.

Is not more than eight feet in body width; and

C.

Is not more than thirty-five feet in length.

(Ord. 53 § 10-6 (part), 1978)

"Private carport" means a private garage which is not entirely enclosed on all sides by sight-obscuring walls and/or doors.

(Ord. 53 § 10-6 (part), 1978)

"Cellar" means that portion of a building partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.

(Ord. 53 § 10-6 (part), 1978)

"Child day care center" means a place in which supplemental parental care is provided to thirteen or more children on a regular basis. The licensing and reevaluation of child day care centers is the responsibility of the state of Montana Department of Public Health and Human Services.

(Ord. 00-9 § 1 (part), 2000)

"Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room, nor kept overnight on the premises.

(Ord. 53 § 10-6 (part), 1978)

"Community historic preservation officer," hereinafter called "preservation officer," means the official appointed by the local government who is charged with the responsibility of enforcing the regulations applicable to the historic overlay zone and who shall serve as the secretary to the historic preservation commission under the supervision of the chief executive.

(Ord. 238 § 1(A)(5), 1985: Ord. 53 § 10-6 (part), 1978)

"Conditional use" means a use which is specifically listed as a conditional use for a zone.

(Ord. 53 § 10-6 (part), 1978)

"Contributing historic significance" means a building or structure that contributes to the landmark district by location, design, setting, materials, workmanship, feeling and association and adds to the landmark district's sense of time and place and historic development.

(Ord. 238 § 1(A)(6), 1985: Ord. 53 § 10-6 (part), 1978)

"Convalescent home" or "rest home" means a home designed for the care of patients after they leave the hospital but before they are released from observation and treatment.

(Ord. 53 § 10-6 (part), 1978)

"Correctional housing" means community-based residential housing, and includes housing sites intended for use by adults or juveniles as a part of a correctional program.

(Ord. 552 § 1 (part), 1996)

"Court" means an open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings, which is enclosed on three or more sides.

(Ord. 53 § 10-6 (part), 1978)

"Cultural [area]" means areas that are significant to understanding and interpreting the social, physical, architectural, industrial and political history of Butte-Silver Bow County, including historic sites, structures, and objects.

(Ord. No. 10-12, § 1, 1-19-2011)

"Family day care home" means a place in which supplemental parental care is provided to three to six children, no more than three children under age two unless care is provided to infants only. For places caring for infants, "family day care home" means a place in which supplemental parental care is provided for up to four infants. No other children shall be in attendance. The registration and reevaluation of family day care homes is the responsibility of the state of Montana Department of Public Health and Human Services.

(Ord. 00-9 § 1 (part), 2000)

"Group day care home" means a place in which supplemental parental care is provided to seven to twelve children on a regular basis unless care is provided to infants only. For places caring for infants, "group day care home" means a place in which supplemental parental care is provided for up to eight infants. No other children shall be in attendance. The registration and reevaluation of group day care homes is the responsibility of the state of Montana Department of Public Health and Human Services.

(Ord. 00-9 § 1 (part), 2000)

"Drive-in restaurant" means any retail establishment preparing and serving food or drink which is not consumed solely within the confines of the building in which the food is prepared.

(Ord. 53 § 10-6 (part), 1978)

"Dwelling unit" means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having one kitchen or kitchenette.

(Ord. 53 § 10-6 (part), 1978)

"Family" means one or more individuals related by blood, marriage or adoption or not more than five individuals who are not so related, living together as a single housekeeping unit in a dwelling, and maintaining and using the same and certain other housekeeping facilities in common, and having such meals as they may prepare and eat together at home; provided, however, that fraternities, dormitories, clubs, roominghouses having over two roomers, and like groups of individuals shall not be considered a family.

(Ord. 53 § 10-6 (part), 1978)

The vertical distance measured from the centerline of the street or alley to the highest point of the fence. Barbed wire above eight feet excluded in measurement of fence height.

(Ord. 312 § 1 (part), 1987)

"Fire marshal" means the fire officer of the fire department serving the jurisdictional area or an authorized representative charged with the administration and enforcement of the latest adopted addition of the Uniform Fire Code.

(Ord. 238 § 1(A)(7), 1985: Ord. 53 § 10-6 (part), 1978)

"Floor area" means the sum of the areas of the several occupied floors of a building, measured from the exterior walls or from the centerline of walls separating buildings, excluding such features as covered walkways, covered open areas, porches, pipe trenches, exterior terraces, or steps, and chimney roof overhangs.

(Ord. 53 § 10-6 (part), 1978)

"Frontage" means that boundary of a lot which is along an existing or dedicated public street, or, where no public street exists, is along a public way. (See yard, front, Section 17.04.520.)

(Ord. 53 § 10-6 (part), 1978)

"Attached garage" means an accessory building or structure for the parking or storage of motor vehicles which is joined to the residence by a breezeway and/or a common party wall and which is designed and constructed in harmony with said residence. To be considered attached by a breezeway, the garage shall not be located more than twenty feet from the residence and the roof of the breezeway shall cover an area not less than ten-feet wide extending from the garage to the residence.

(Ord. 53 § 10-6 (part), 1978)

"Private garage" means a detached accessory building or a portion of the principal building used or intended for use by the occupants of the premises for the storage of self-propelled passenger vehicles or trailers.

(Ord. 53 § 10-6 (part), 1978)

"Public garage" means a structure, or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of self-propelled vehicles or trailers.

(Ord. 53 § 10-6 (part), 1978)

"Grade" or "adjacent ground elevation" means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

(Ord. 299 § 1(A) (part), 1987: Ord. 53 § 10-6 (part), 1978)

"Habitable space or room" means space in a structure for living, sleeping, eating or cooking. Storage or utility space and similar areas are not considered habitable space.

(Ord. 122 § 1(2) (part), 1980: Ord. 53 § 10-6 (part), 1978)

For the purpose of determining the "height limits" in all zones set forth in these regulations and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

(Ord. 53 § 10-6 (part), 1978)

"Historic overlay zone" means a special zoning designation which shall apply to all properties within the boundaries established in Section 17.33.030 in order to protect the historical significance of existing structures by prohibiting the undue moving, removal or demolition of said structures. The historic overlay zone shall be in addition to the established zoning currently applied to all properties within the historic overlay zoning district and shall not affect the permitted uses and/or development standards of said underlying zones.

(Ord. 238 § 1 (A)(8), 1985: Ord. 53 § 10-6 (part), 1978)

"Historic preservation commission," hereinafter called the "preservation commission," means the board appointed by the local government which is responsible for creating and administering a preservation program and for administering the historic preservation provisions of this title.

(Ord. 238 § 1(A)(9), 1985: Ord. 53 § 10-6 (part), 1978)

"Home occupation" means an occupation carried on entirely within a residence by members of the family who reside on the premises and one employee in addition to members of the family involved in the occupation and in any case no more than two persons in any dwelling unit, which activity is clearly incidental to the use of said residence as a dwelling and does not change the residential character thereof, is conducted in such a manner as to not give any outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term, and does not infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes for which purpose the residential zone was created and primarily intended.

(Ord. 175 § 1(I), 1982; Ord. 53 § 10-6 (part), 1978)

"Horticultural experiment station" means stations set aside to research, observe, or study biological life.

(Ord. No. 10-12, § 2, 1-19-2011)

"Hospital" means a building, or portion thereof, used for the accommodation of sick, injured or infirmed persons, including a sanitarium.

(Ord. 53 § 10-6 (part), 1978)

"Hotel" means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests, as compared to a boardinghouse, or lodginghouse, or motel and which does not offer cooking facilities in individual rooms.

(Ord. 53 § 10-6 (part), 1978)

"Identification sign" means a sign pertaining to and containing only the name and trademark of the use or business conducted on the lot where the sign is located. Reader boards attached thereto giving time, temperature or message concerning an entire shopping center are allowed. Advertising of products is not allowed.

(Ord. 53 § 10-6 (part), 1978)

"Industry" means the manufacture, storage, extraction, fabrication, processing, reduction, destruction, conversion, or wholesaling of any article, substance or commodity, or any treatment thereof.

(Ord. 53 § 10-6 (part), 1978)

"Junkyard" or "salvage yard" means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations.

(Ord. 53 § 10-6 (part), 1978)

"Kennel" means any lot or premises on which four or more dogs or cats over the age of four months of age are kept for commercial or noncommercial purposes, per the following definitions:

A.

Commercial Kennel.

1.

"Class One Kennel" shall be one in which animals are boarded and kept on any temporary basis including, but not limited to: (vacation care, convalescent care, daycare, foster care) by the kennel owner for others whether for a fee or not;

2.

"Class Two Kennel" shall be a breeding facility in which more than one litter of puppies or cats is whelped annually.

B.

Noncommercial Kennel.

1.

"Class Three Kennel" shall be one in which an individual or family owns four or more adult dogs or cats at any one time.

(Ord. 53 § 10-6 (part), 1978)

(Ord. No. 11-3, § 1, 5-4-2011)

"Landscaping" means any placement of living plants such as trees, shrubs, vines, ground covers, flowers or lawns; and may include accessory natural features such as decorative rock, stone and bark, structured features, including but not limited to fountains, reflecting pools, art works, screen walls, fences and benches.

(Ord. 100 § 1 (part), 1980: Ord. 53 § 10-6 (part), 1978)

"Loading space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

(Ord. 53 § 10-6 (part), 1978)

"Lot" means a piece or parcel of land occupied or intended to be occupied by a principal building and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this title, and having frontage on a public street. When an individual desires more than one principal building per lot, follow the requirements of Chapter 17.46.

(Ord. 53 § 10-6 (part), 1978)

"Corner lot" means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five degrees. The point of intersection of the street lines is the "corner."

(Ord. 53 § 10-6 (part), 1978)

"Depth of a lot" means the mean horizontal distance between the front and rear lot lines.

(Ord. 53 § 10-6 (part), 1978)

"Interior lot" means a lot other than a corner lot.

(Ord. 53 § 10-6 (part), 1978)

"Lot lines" means the property lines bounding the lot.

(Ord. 53 § 10-6 (part), 1978)

"Front lot line" means the line separating the lot from the street on which it fronts.

(Ord. 53 § 10-6 (part), 1978)

"Rear lot line" means the lot line opposite and most distant from the front lot line.

(Ord. 53 § 10-6 (part), 1978)

"Side lot line" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

(Ord. 53 § 10-6 (part), 1978)

"Street or alley lot line" means a lot line separating the lot from a street or alley.

(Ord. 53 § 10-6 (part), 1978)

"Lot of record" means a lot which is part of a subdivision which is recorded in the office of the clerk and recorder, or a lot or parcel described by metes and bounds, the deed to which has been so recorded.

(Ord. 53 § 10-6 (part), 1978)

"Revised frontage lot" means a lot on which the frontage is at right angles or approximately right angles (interior angles less than one hundred thirty-five degrees) to the general pattern in the area.

(Ord. 53 § 10-6 (part), 1978)

"Through lot" means a lot having frontage on two parallel or approximately parallel streets.

(Ord. 53 § 10-6 (part), 1978)

"Lot width" means the mean width of the lot measured at right angles to its depth.

(Ord. 53 § 10-6 (part), 1978)

See Chapter 17.37.

(Ord. 437 § 1, 1992)

(Mobile home park.) See Chapter 17.37.

(Ord. 437 § 2, 1992)

"Mobile home" means a transportable, factory-built home designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards of 1974, which became effective June 15, 1976. In many cases, mobile homes were built to voluntary industry standards of the American National Standards Institute's Standards for Mobile Homes. (See Manufactured Home Class C, Chapter 17.37.)

(Ord. 437 § 3, 1992: Ord. 53 § 10-6 (part), 1978)

See Chapter 17.37.

(Ord. 437 § 6, 1992)

"Motel" or "motor hotel" means a series of attached, semiattached or detached sleeping or living units for the accommodation of automobile transient guests, said units having convenient access to off-street parking spaces, for the exclusive use of the guests or occupants. A motel or motor hotel may offer cooking facilities.

(Ord. 53 § 10-6 (part), 1978)

"Natural [area]" means those habitats, communities, and ecosystems existing within the aquatic, riparian, wetland, foothills, and forest areas of Butte-Silver Bow County, including historic sites, structures, and objects.

(Ord. No. 10-12, § 3, 1-19-2011)

"Nonconforming building or structure" means any building, natural object structure, or portion thereof, which does not conform to the regulations established in this title because such building is designed or intended for a use which is not a permitted use of land within the zone where the building is located, or because such building does not conform in bulk to the regulations of yards, height, area, or off-street parking, but which building lawfully existed or was under construction at the time of passage of the regulation with which it does not conform.

(Ord. 53 § 10-6 (part), 1978)

"Nonconforming use" means a use which was lawful at the time the ordinance codified in this title was adopted but which use, because of such adoption, or subsequent changes in zoning district boundaries or regulations, does not conform to the regulations of the district in which the use exists.

(Ord. 53 § 10-6 (part), 1978)

"Nonprecision instrument runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on a Federal Aviation Administration (FAA) planning document or military airport planning document.

(Ord. 53 § 10-6 (part), 1978)

"Open space" means a land or water area devoid of building and other physical structures except where accessory to the provision of recreation.

(Ord. 53 § 10-6 (part), 1978)

"Conservation open space" is rural, agricultural, cultural, natural or restored lands protected from development that may compromise the character, integrity, viability or quality of that land for future generations.

(Ord. No. 10-12, § 4, 1-19-2011)

"Developable open space" means portions of the rural, agricultural, cultural natural or restored lands set aside for public uses such as developed park land, active or structured recreation, museums, and educational facilities."

(Ord. No. 10-12, § 5, 1-19-2011)

"Ordinary high water mark" means the line that water impresses on land by covering it for sufficient periods to cause physical characteristics that distinguish the area below the line from the area above it. Characteristics of the area below the line include, when appropriate, but are not limited to, deprivation of the soil of substantially all terrestrial vegetation and destruction of its agricultural vegetative value. A floodplain adjacent to surface waters is not considered to lie within the surface water's high-water marks.

(Ord. 05-4 § 3, 2005)

(Ord. No. 10-12, § 6, 1-19-2011)

"Public parking area" means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.

(Ord. 53 § 10-6 (part), 1978)

For the purpose of this title, an "off-street parking space" consists of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any automobile may be parked and unparked without moving another.

For the purpose of computation, an off-street parking space and necessary access and maneuvering room may be estimated at four hundred square feet, but off-street parking spaces requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of Butte-Silver Bow.

(Ord. 90 § 1(B), 1979; Ord. 53 § 10-6 (part), 1978)

"Person" means any natural person, firm, copartnership, corporation, association, or organization.

(Ord. 53 § 10-6 (part), 1978)

"Planned unit development (PUD)" means a land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks, or any combination thereof which includes a planned mixture of land uses built in a prearranged relationship to each other and having open space and community facilities in a common ownership or use.

(Ord. 53 § 10-6 (part), 1978)

"Planning board" means the Butte-Silver Bow planning board.

(Ord. 53 § 10-6 (part), 1978)

"Open porch" means a roofed structure, open on two or more sides, projecting from the front, side or rear wall of the building.

(Ord. 53 § 10-6 (part), 1978)

"Precision instrument runway" means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on a Federal Aviation Administration (FAA) approved airport layout plan; a military service's approved military airport layout plan; and other FAA planning document, or military service's military airport planning document.

(Ord. 53 § 10-6 (part), 1978)

"Primary surface" means a surface longitudinally centered on a runway and extending two hundred feet beyond each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulation (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

(Ord. 53 § 10-6 (part), 1978)

"Front property line" means the line separating the street from the front of the lot as shown on the official recorded plat of the property, and as modified by any subsequent vacation, condemnation, or conveyance for public purposes. In the case of unplatted property or when the building inspector cannot determine the intended front property line of a platted lot from the official recorded plat, he shall, upon request for a building permit, determine the front property line for the purposes of this title. It shall be the duty of the building inspector in making such determination to take into consideration the character and location of all neighboring improvements and the spirit and intent of this title as applied in the surrounding zone. A through lot shall be considered to have a front property line on each of the opposite parallel or approximately parallel streets upon which said lot has frontage.

(Ord. 53 § 10-6 (part), 1978)

"Rear property line" means the property line of a lot most nearly parallel to the front property line of the same lot as defined in this title; except, that for triangular or gore shaped lots the rear property line shall be represented by the point of intersection of the two property lines which are not the front property line as defined in this title. A through lot capable of development with two residences facing opposite streets, with each residence having sufficient land to comply with the lot area requirements of the zone in which the lot is located, shall be considered to have a rear property line midway between the two front property lines for the purposes of this title.

(Ord. 53 § 10-6 (part), 1978)

"Public housing" means residential housing in which public funds are used to subsidize or directly finance occupancy of tenants.

(Ord. 552 § 1 (part), 1996)

"Public improvement" means any structure or facility constructed to serve the residents of a subdivision or the general public, such as parks, streets, or roads, sidewalks, curbs and gutter, street lighting, water supply, sewage disposal, drainage, and utility systems.

(Ord. 53 § 10-6 (part), 1978)

"Residence" means a building, or portion thereof, designed exclusively as a place of habitation for one or more persons, but excluding dormitories, motels, hotels, tourist homes, hospitals, and nursing homes. House trailers, campers, and similar vehicles shall not be considered a residence. All new, relocated and remodeled structures shall meet uniform building codes and all other local construction codes.

(Ord. 53 § 10-6 (part), 1978)

"One-family residence" means a residence containing only one dwelling unit.

(Ord. 53 § 10-6 (part), 1978)

"Two-family residence" means a residence containing two dwelling units.

(Ord. 53 § 10-6 (part), 1978)

"Multi-family residence" means a residence containing three or more dwelling units.

(Ord. 53 § 10-6 (part), 1978)

"Restaurant" means an eating establishment where alcoholic beverages may accompany an individual's meal and where the total sales of food prepared on the premises will exceed the total sales of alcoholic beverages served.

(Ord. 53 § 10-6 (part), 1978)

"Right-of-way" means a strip or parcel of land dedicated in fee or acquired for use as public way.

(Ord. 53 § 10-6 (part), 1978)

"Runway" means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

(Ord. 53 § 10-6 (part), 1978)

"Screening" and "screened" mean:

A.

Any natural growth, wall, or fence, or combination thereof, not less than six feet high (except as otherwise specified in this title) which is sight-obscuring in that objects beyond said screen are indistinct to the sight or not visible. Fences and walls may be used as screening only in compliance with the fence regulations in Section 17.36.040.

B.

An object, lot or portion thereof shall be considered screened when screening is provided and maintained between said object, lot or portion thereof (except reasonable entranceways) and all adjoining properties and streets except as otherwise specified in this title.

(Ord. 90 § 1(C), 1979; Ord. 53 § 10-6 (part), 1978)

"Service station (automobile)" means a building or portion thereof and land used for supplying fuel, oil and minor accessories for motor vehicles at retail direct to the customer and for making minor repairs.

(Ord. 53 § 10-6 (part), 1978)

"Setback" means the shortest distance between the lot line and the foundation wall or main frame of the building; an imaginary line establishing the minimum distance that structures may be located from lot lines and street rights-of-way.

(Ord. 53 § 10-6 (part), 1978)

"Silver Bow Creek" means the floodway and floodway fringe of Silver Bow Creek, including all primary and secondary channels.

(Ord. 04-3 § 3, 2004)

"Specified anatomical areas" is defined as:

A.

Less than completely and opaquely covered:

1.

Human genitals, pubic region;

2.

Buttock; and

3.

Female breast below a point immediately above the top of the areola; and

B.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Ord. 117 § 1(A) (part), 1980: Ord. 53 § 10-6 (part), 1978)

"Specified sexual activities" is defined as:

A.

Human genitals in a state of sexual stimulation or arousal;

B.

Acts of human masturbation, sexual intercourse or sodomy;

C.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(Ord. 117 § 1(A) (part), 1980: Ord. 53 § 10-6 (part), 1978)

"Stol primary surface" means an imaginary plane, three hundred feet wide, centered on the runway. Its length extends one hundred feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

(Ord. 53 § 10-6 (part), 1978)

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade as defined herein for more than fifty percent of the total perimeter or is more than twelve feet above grade as defined herein at any point, such usable or unused under-floor shall be considered as a story.

(Ord. 299 § 1(A) (part), 1987: Ord. 53 § 10-6 (part), 1978)

"Half story" means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for residence purposes shall be deemed a full story.

(Ord. 53 § 10-6 (part), 1978)

"Street" means a public right-of-way fifty feet or more in width which provides a public means of access to abutting property; it includes avenue, drive, circle, road, parkway, boulevard, lane, place, highway, thoroughfare, or any other similar term.

(Ord. 53 § 10-6 (part), 1978)

"Structural alteration" means any change in the structural members of a building such as walls, columns, beams or girders.

(Ord. 53 § 10-6 (part), 1978)

"Structure" means anything constructed or erected with a fixed location on the ground, or attached to something on the ground. Among other things, structures include all buildings, mobile homes, walls, fences, signs, billboards, garages, carports, poster panels, and head-frames. Trees and other natural vegetation shall be considered to be structures for the purpose of height restrictions for airport zoning only.

(Ord. 238 § 1(A)(10), 1985: Ord. 53 § 10-6 (part), 1978)

"Substantial construction" for new buildings shall be satisfied when all permanent concrete footings and foundations are in place. For existing buildings, "substantial construction" shall be satisfied where a minimum of ten percent of the entire construction has been completed in the opinion of the building inspector.

(Ord. 53 § 10-6 (part), 1978)

"Townhouse" means a single-family dwelling unit attached to one or more other single-family dwelling units, each being separated from the adjoining unit or units by an approved fire wall; provided that only one such dwelling is located on a lot of conforming size and each unit is supplied with individual utility service.

(Ord. 340 § 1 (part), 1988)

"Tourist home" means a building, or part thereof, other than a hotel, boardinghouse, lodginghouse or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.

(Ord. 53 § 10-6 (part), 1978)

"Use" means a purpose for which either land or a building is or may be occupied or maintained, or for which a building is arranged, designed, or intended.

(Ord. 53 § 10-6 (part), 1978)

"Utility runway" means a runway that is constructed for and intended to be used by propeller-driven aircraft of twelve thousand five hundred pounds maximum gross weight and less.

(Ord. 53 § 10-6 (part), 1978)

"Variance" means a relaxation of specific provisions of this title when a literal enforcement of this title would result in unnecessary hardship, due to geophysical conditions.

(Ord. 53 § 10-6 (part), 1978)

"Visual buffers" may consist of plantings, walls, fences or combinations thereof, and shall provide at least fifty percent effective screening at the time of planting. Where walls are constructed as buffers, living vegetation shall be required in order to create visual relief, covering a minimum of thirty percent of the wall area at the time of planting.

(Ord. 100 § 1 (part), 1980: Ord. 53 § 10-6 (part), 1978)

"Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, a military service's approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

(Ord. 53 § 10-6 (part), 1978)

"Water channel management zone" means a corridor that includes the floodway, floodway fringe and extending to one hundred feet from the outer boundary of the floodway fringe along the Big Hole River and Silver Bow Creek.

(Ord. 04-3 § 4, 2004)

"Yard" means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

(Ord. 53 § 10-6 (part), 1978)

"Front yard" means a yard extending between side lot lines across the front of the lot adjoining a public street, and shall be provided as follows:

A.

In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through street is not in keeping with the prevailing yard pattern, the enforcing officer may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

B.

In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of half the depth required generally for front yards in the zone shall be provided on the other frontage.

C.

In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage and a second yard of half the depth required generally for front yards in the zone shall be provided on the other frontage.

D.

In the case of corner lots with more than two frontages, the enforcing officer shall determine the front yard requirements subject to the following limitations:

1.

At least one front yard shall be provided having the full depth required generally in the district.

2.

No other front yard on such lot shall have less than half the full depth required generally. (See also Sections 17.46.020 through 17.46.110).

(Ord. 53 § 10-6 (part), 1978)

"Rear yard" means a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line toward the nearest part of a main building.

(Ord. 53 § 10-6 (part), 1978)

"Side yard" means a yard between a main 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 lot line toward the nearest part of a main building.

(Ord. 53 § 10-6 (part), 1978)

"Special yard" means a yard behind any required yard adjacent to a public street required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the enforcing officer shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable area thereon.

(Ord. 53 § 10-6 (part), 1978)

"Zone" means a section of Butte-Silver Bow, state of Montana, in which regulations governing the area, height, and use of the land and buildings are the same.

(Ord. 53 § 10-6 (part), 1978)