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)