For the purpose of the zoning title certain words and terms used are defined in this chapter.

"Access/driveway" means 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/driveways will be surfaced in the same manner as the off-street parking area that it serves to a minimum width of nine feet.

"Accessory apartment" means a separate complete housekeeping unit that is contained within the structure of a single-family unit, but can be isolated from it. Such accessory apartments have kitchen facilities and are rented, leased, or otherwise used as a separate dwelling unit.

"Accessory use or building" means the use of land or a subordinate building or a portion of a main building, such use being secondary to or incidental to the principal use or structure.

"Adult entertainment" means an establishment or business:

1.

Which has, as a portion of its stock in trade, or which sells, offers or exhibits for sale, any books, magazines, periodicals, writings, pictures, photographs, motion pictures, video tapes, or recordings, records or tape recordings, defined as "obscene" by Section 45-8-201(2), MCA, which definition is by this reference incorporated in this chapter; or

2.

Which presents or shows motion pictures, movies, video tapes, reproductions or similar visual materials, defined as "obscene" by Section 45-8-201(2), MCA, which definition is by this reference incorporated in this chapter, regardless of the seating capacity of such establishment or business and regardless of whether such materials are presented or shown either to persons in a group or to persons individually in separate booths or viewing areas.

"Agricultural/open space zone" means any agricultural or open space district where agricultural pursuits are encouraged and open space concerns are protected.

"Agricultural use" means a use of land for agricultural purposes including farming, pasturage, grazing land, silviculture, floriculture, horticulture, and other similar agricultural uses; agricultural use does not include farm equipment sales or display area, feed lots, fur farms, other concentrated confinement of animals, or similar uses.

Airport.

1.

Airport. "Airport" means the Columbus Airport runway, landing area or facility which is designed, used or intended to be used either by public carriers or by private aircraft for landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.

2.

"Airport influence area" means all land in the proximity of the airport, the use of which may be affected by the airport. This includes areas designated as object free areas within the building restriction line and runway protection zones (airport impact zone) and the area below the approach and transitional zones adjacent the airport impact zone (limited development area zone) as shown on the airport influence area map, airport layout plan and airspace plan for the Columbus Airport, as amended.

3.

"Airport zone" means a separate and distinct portion of this title intended to protect the integrity of the Columbus Airport, its airspace and environs. Portions of the airport zone may overlay other zoning requirements.

4.

"Approach surface" means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in this title. In plan view the perimeter of the approach surface coincides with the perimeter of the approach zone.

5.

"Approach, transitional, horizontal and conical zones" means these zones as set forth in this title.

6.

"Conical surface" means a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one for a horizontal distance of four thousand (4,000) feet.

7.

"Hazard to air navigation" means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

8.

"Horizontal surface" means a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan view coincides with the perimeter of the horizontal zone.

9.

"Obstruction" means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in this title.

10.

"Person" means an individual, firm, partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

11.

"Primary surface" means a surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway; when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in this title. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

12.

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

13.

"Structure" means an object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.

14.

"Transitional surfaces" means surfaces extending outward at ninety (90) degree angles to the runway centerline and the runway centerline extended to a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

15.

"Tree" means any object of natural growth.

16.

"Utility runway" means a runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.

17.

"Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures.

"Alley" means a public way which affords only secondary access to abutting property.

"Apartment building" means a building or portion thereof designed with more than three individual dwelling units, which are built, rented, leased, let or hired out to be occupied on a permanent basis as distinguished from a transient occupancy basis.

"Automobile" means a passenger vehicle.

"Automobile repair" means general repair, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting of motor vehicles.

"Automobile service station" means an establishment where automotive fuels and lubricants, accessories and services are sold at retail; however, where the sale of such is only incidental, the establishment or premises shall be classified as a public garage.

"Automobile wrecking or junkyard" means any place where two or more motor vehicles not in running condition, or parts thereof are kept, and are not being restored to operation; any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging and scavenging of any other goods, articles or merchandise.

"Bars, taverns and cocktail lounges" means an establishment where any amount of alcoholic beverages is sold and consumed on the premises even if such sales are incidental to or accessory to the principal business of such establishment.

"Basement" means that portion of a building below the first floor joists, the floor of which is more than one-half clear ceiling height below the adjacent ground.

"Bed and breakfast inn" means an owner occupied commercial facility which provides temporary accommodations and meals for compensation. A bed and breakfast inn will have no more than five bedrooms for rent, and will supply meals only to registered guests and to the immediate family members who live in the facility. It is the intent of this title that bed and breakfast inns serve only as temporary accommodations and not as a long term residence for guests (stays limited to less than thirty (30) days).

"Billboard" see definitions for signs.

"Block" means the property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street and railroad right-of-way, unsubdivided acreage, river or live stream; or between any of the foregoing and any other barriers to community development.

"Board of adjustment" means a board of not less than five or more than seven members appointed by the city council to consider special exceptions to the terms of the zoning title in harmony with its general purposes, intent and in accordance with the rules contained therein as authorized by 76-2-321 to 76-2-328, MCA.

"Boarding houses" means a building, or portion thereof, other than a hotel, rest home or home for the aged where lodging and/or meals exclusive of the operator's immediate family are provided for compensation for four or more persons, but not exceeding twelve (12) persons.

"Building" means any structure that is located on or attached to the ground, has walls, a roof and is used for the shelter of humans, animals, chattels or property of any kind.

"Building height" means the vertical distance from the centerline elevation of the street, at the mid-point of the lot, to the highest point of the building. Chimneys, vent pipes and utility structures are excluded from height measurements.

"Building line" means a line established parallel to the street line between which no part of a building shall project, except as otherwise provided by this title.

Building, Principal. "Principal building" means a building in which is conducted the principal use of the lot on which it is situated.

"Business or commerce" means the purchase, sale, offering for sale, or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management or occupancy of the office buildings, offices, recreational or amusement enterprises; or the maintenance and use of buildings, offices, use of buildings, offices, structures or premises by professions and trades or persons rendering services.

Campground, Public or Private. "Public or private campground" means any area or tract or land used or designed to accommodate two or more tents, travel trailers or other recreational vehicles.

"Caretaker's residence" means a single-family residence placed in conjunction with and/or attached to a land use that requires twenty-four (24) hour care in order to protect the livelihood of a business.

"Carport" means a structure to house or to protect motor vehicles owned or operated by the occupants of the main building which is open to the weather for at least fifty (50) percent of the total area of its sides; when attached to another building it shall comply with the yard requirements of that building.

Child Care Facility.

1.

"Family day care home" means a private residence in which supplemental parental day care is provided to three to six children from separate families on a regular basis. Such child care facility shall be licensed by the Montana Department of Public Health and Human Services as required by law.

2.

"Group day care home" means a private residence or other structure in which supplemental parental day care is provided for seven to twelve (12) children on a regular basis and which is licensed by the Montana Department of Public Health and Human Services as required by law.

3.

"Day care center" means an out-of-home place in which supplemental care and/or adult supervision is provided to thirteen (13) or more children on a regular basis and which may include nursery schools, private kindergartens or after school care and supervision.

"Church" means a building designed for public worship by any religious group.

"Clinic" means a building designed and used for the medical, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses.

Clinic, Animal. "Animal clinic" means a building or premises for the medical treatment of pets or customary household animals, including but not limited to cats and dogs, provided no overnight boarding occurs on premise.

"Club" means an incorporated or unincorporated association of persons organized for a social, educational, literary or charitable purpose. Property occupied by a club shall be deemed to be semi-private in character and shall be subject to the city regulations governing public building and places, excluding groups organized primarily to render a service which is normally considered a business.

"Cluster" means a pattern of residential development where dwelling units are grouped with the remainder of the area left in landscaped open space.

"Commercial district" means any district with the intent to provide for a broad range of wholesale, retail and service functions.

Community Residential Facilities.

1.

"Adult foster family care home" means a private home licensed by the Montana Department of Public Health and Human Services operated by one or more persons eighteen (18) years of age or older which offers light personal care or custodial care to a total of no more than four disabled adults or aged persons who are not related to the operator by blood or marriage.

2.

"Community group home" means a family oriented residence or home licensed by the Montana Department of Public Health and Human Services or the Montana Department of Environmental Quality designed to provide residential services and facilities for physically, developmentally or mentally disabled persons, but does not provide skilled or intermediate nursing care.

3.

"Youth foster care facility" means a facility licensed by the Montana Department of Public Health and Human Services in which substitute care is provided on a twenty-four (24) hour a day basis for seven or more foster children or youth to whom the foster parents are not related by blood, marriage, adoption or wardship. A youth foster care home II is comprised of a total of seven or more children, including both the foster children and the foster parents' own children, stepchildren or wards.

4.

"Youth foster home" means a youth care facility licensed by the Montana Department of Public Health and Human Services in which substitute care is provided on a twenty-four (24) hour a day basis for one to six foster children or youth to whom the foster parents are not related by blood, marriage, adoption or wardship. A youth foster care home is comprised of a total of no more than six children, including both the foster children and the foster parents' own children, stepchildren or wards.

5.

"Youth group home" means a youth care facility licensed by the Montana Department of Public Health and Human Services in which substitute care is provided on a twenty-four (24) hour a day basis for seven to twelve (12) children or youth.

"Conditional use" means uses other than permitted uses, that may be allowed in a specific district, but requiring additional safeguards or conditions to maintain and assure health, safety, morals and general welfare of the community and to maintain the character of the district.

"Condominium" means ownership in common with others of a parcel of land and certain parts of a building, together with individual ownership in fee of a particular unit or apartment in such building, which he/she may sell, mortgage or devise as he/she could with a single-family dwelling that he/she owned.

"Contractor's yard" means open spaces used for the storage of machinery, equipment, materials and supplies used by the contractor in the pursuit of his business. This is intended to be a yard owned or leased by a contractor engaged in some kind of construction work.

"Dairy" means any premises where three or more cows, three or more goats, or any combination thereof are kept, milked or maintained.

"Density" means the number of families residing on, or dwelling units developed on, an acre of land. All densities are stated in families per net acre, that is, per acre of land devoted to residential use, exclusive of land in streets, alleys, parks, school yards, or other public lands and open spaces.

"Drive-in restaurant" means a use whose retail character is dependent on a driveway approach and parking space for motor vehicles so as to either serve customers while in the vehicle or permit consumption of food or beverages obtained on the premises, in a vehicle.

"Dwelling" means a building or portion thereof arranged or designed to provide living facilities for one or more families.

Dwelling, Group. "Group dwelling" means in general, a building in which several unrelated individuals or families permanently reside but in which individual cooking facilities are not provided for the individual persons or families. Specifically, "group dwelling" includes rooming house, fraternity house, sorority house and private club in which one or more members have a permanent residence. "Group dwelling" shall not be deemed to include a hotel, motel, tourist home, mobile park, or any use included in the health-medical group.

Dwelling, Multi-family. "Multi-family dwelling" means a building containing three or more dwelling units.

Dwelling, Single-family. "Single-family dwelling" means a building containing only one dwelling unit; provided, however, that:

1.

No highly reflective exterior finish, siding or surface material is used;

2.

Roof pitch conforms to standards delineated in the One and Two Family Dwelling Code of the Uniform Building Code;

3.

The dwelling is placed on a continuous base of footing composed of concrete or other material satisfactory to the zoning officer.

Dwelling, two-family/duplex. "Two-family/duplex dwelling" means a building containing only two dwelling units.

Dwelling, three-family/apartment building/triplex. "Three-family/apartment building/triplex dwelling" means a building containing only three dwelling units.

Dwelling, four-family/apartment building/fourplex. "Four-family/apartment building/fourplex dwelling" means a building containing only four dwelling units.

"Dwelling unit" means a building or portion thereof providing complete housekeeping facilities for one family.

"Easement" means a grant by the property owner of the use of a strip of land by the public, or by one or more persons or corporations for a specific purpose or purposes.

"Elderly housing" means housing designed specifically for elderly occupancy with at least one resident domiciled in each living unit therein with an age of sixty-two (62) years or older.

"Established grade" means the sidewalk line grade at the front lot line or as established by an engineer for the city public works department.

"Family" means any individual, or two or more persons related by blood or marriage, or group of not more than four persons who need not be related by blood or marriage, living together as a single non-profit housekeeping unit.

"Fence" means a barrier composed of posts connected by boards, rails, panels or wire for the purpose of enclosing space for separating parcels of land. It may include masonry walls, ornamental structures or privacy screens.

Floodplain or Flood Way. "Floodplain" or "flood way" shall be defined as provided in 76-5-103, MCA.

"Floodplain zone" means a separate and distinct portion of the Stillwater County floodplain maps and regulations governing those lands affected by a one hundred (100) year floodplain classification.

"Floor area" means 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).

"Foundation" means the support structure for buildings, including footings installed below frost line, foundation walls or piers.

"Frontage" means all of the property on one side of the street or highway between two intersecting streets or highways (crossing or terminating) measured along the line of the street or highway, or if the street or highway is deadended, then all of the property abutting on one side between an intersecting street or highway and the deadend of the street or highway.

"Garage" means an accessory building or part of a principal building designed for the storage of motor vehicles as an accessory use.

"Gasoline service stations" means any building or portion thereof and the land upon which it is situated used for supplying fuel and/or oil for motor vehicles at retail direct to the consumer and/or making minor vehicle repairs.

"Growth Policy" means an official public document adopted by the city council and/or county commissioners which is intended to guide decisions on the growth and development of the area as authorized under the provisions of 76-1-601 to 76-1-606, MCA.

"Home occupation" means the use of a portion of a dwelling or accessory structure as an office, studio or work room for occupations at home to be conducted entirely within the structure, by one or more persons residing in the dwelling unit. The activity must be clearly incidental to the use of the dwelling for dwelling purposes and shall not change the character or appearance thereof, and not be evidenced beyond the limits of the property by noise, light, smoke, odor, vibration, electrical interference, storage of material or equipment, or by abnormal vehicular traffic, or other exterior evidence.

"Hospital" means an institution open to the public, in which sick patients or injured persons have access to medical or surgical care, or for the care of contagious diseases or incurable patients.

"Hotel" means a building designed for occupancy as temporary lodging for people with or without food service, in which there are six or more guest rooms, and in which no provisions are made for cooking in any individual room or suite.

"Industrial district" means any LI, light industrial or HI, heavy industrial districts.

"Industry" means the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof, in such a manner as to change the form, character or appearance thereof.

"Institution" means a building occupied by a nonprofit corporation or nonprofit establishment for public or semipublic use.

"Junkyard" means the use of any part of premises whether inside or outside of a building for the storage, keeping or abandonment of junk, including scrap metals, rags, paper, or structural steel material, and equipment for dismantling, demolition or storage of unlicensed or abandoned automobiles or other vehicles, or machinery or parts thereof.

"Jurisdictional area" means the area included within the unincorporated areas, a distance up to four and one-half miles, in all directions, from the city's limits. The current jurisdictional area is that shown on the official zoning map. Such jurisdictional area may be changed by joint resolution of the city council and board of county commissioners in accordance with 76-1-501 to 76-1-508, MCA.

Kennel, Commercial. "Commercial kennel" means a place where dogs or cats other than those owned by the kennel owner are kept and boarded for any period in excess of twenty-four (24) hours or a place where female dogs or cats are bred for the sole purpose of the sale of puppies or kittens for profit.

Kennel, Noncommercial. "Noncommercial kennel" means a kennel at, in or adjoining a private residence or business where dogs or cats are kept as pets.

"Laboratory" means a place devoted to experimental study such as testing and analyzing. Manufacturing of a product or products is not included in this definition.

"Landscaping" means changing, rearranging or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the land use.

"Livestock" means horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules, llamas, fowl, and other domestic animals.

Loading Berth, Off-Street. An "off-street loading space or berth" means a space or berth on the same lot with a principal building for the parking of a commercial vehicle while loading or unloading merchandise and which has direct access from a public street or alley.

"Lot" means a parcel or plot of land shown as an individual unit of ownership on the most recent plat or other record of subdivision.

Lot, Corner. "Corner lot" means a lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed one hundred thirty-five (135) degrees. Any zoning lot adjoining a curved street at a point where the street boundary described an arc subtended by an angle of one hundred thirty-five (135) degrees or less, shall be considered a "corner lot."

"Lot coverage" means the total area of a lot covered by the principal and accessory buildings.

"Lot depth" means the mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

Lot, Interior. "Interior lot" means a zoning lot other than a corner lot.

Lot Line, Rear. "Rear lot line" means the lot line generally opposite or parallel to the front street line. If a rear lot line is less than ten feet long, or the lot comes to a point at the rear, the rear lot line is assumed to be a line at least ten feet long, lying wholly within the lot, parallel to the front street line or, if the front street line is curved, parallel to the chord of the arc of the front street line.

Lot, Record. "Record lot" means land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of Stillwater County, Montana.

"Lot width" means the average width of the lot.

Lot, Zoning. "Zoning lot" means a tract of land occupied or to be occupied by a principal building and its accessory buildings, together with such open spaces and yards as are required under the provisions of this title, having not less than the minimum area required by this title for a zoning lot in the district in which such land is situated and having its principal frontage on a street or a permanent, exclusive, nonobstructed easement of access or right-of-way to a street, not less than twenty (20) feet wide. A "zoning lot" need not necessarily coincide with a "record lot" as defined in this chapter and may encompass all or part of one or more record lots.

Manufactured Homes.

1.

"Manufactured homes (Type 1)" means a single dwelling unit built off-site in a factory that is ten years old or newer, that is constructed in accordance with the standards set forth by the U.S. Department of Housing and Urban Development; the home has a length not exceeding four times its width, with a minimum width of twenty (20) feet; the pitch of the roof has minimum rise of three inches in every twelve (12) inches of horizontal run (3:12 pitch), and the roof is finished with a type of material that is commonly used in standard residential construction; has siding materials consisting of wood, hardboard, aluminum, steel or vinyl siding comparable in composition, appearance, durability to the exterior siding commonly used in standard residential construction; the home is installed as per manufacturer recommendations and is installed on a "permanent foundation for manufactured homes" as defined in the zoning code; the tongue, axles, transporting lights and removable towing apparatus are removed after placement on the lot and before occupancy.

2.

"Manufactured homes (Type 2)" means a single dwelling unit built off-site in a factory that is fifteen (15) years old or newer, that is constructed in accordance with the standards set forth by the U.S. Department of Housing and Urban Development; the home has a length not exceeding four times its width, with a minimum width of twenty (20) feet; the pitch of the roof has a minimum rise of three inches for every twelve (12) inches of horizontal run (3:12 pitch), and the roof is finished with a type of material that is commonly used in standard residential construction; has siding materials consisting of wood, hardboard, aluminum, steel or vinyl siding comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction; is installed as per manufacturer recommendations, is anchored and skirted with weatherproof materials compatible with the exterior design of the manufactured home; the tongue, axles, transporting lights and removable towing apparatus are removed after placement on the lot and before occupancy.

3.

"Manufactured homes (Type 3)" means a single dwelling unit built off-site in a factory that is fifteen (15) years old or newer, that is constructed in accordance with the standards set forth by the U.S. Department of Housing and Urban Development; the pitch of the roof has a minimum rise of three inches for every twelve (12) inches of horizontal run (3:12 pitch), and the roof is finished with a type of material that is commonly used in standard residential construction; has siding materials consisting of wood, hardboard, aluminum, steel or vinyl siding comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction; is installed as per manufacturer recommendations, is anchored and skirted with weatherproof materials compatible with the exterior design of the manufactured home; the tongue, axles, transporting lights and removable towing apparatus are removed after placement on the lot and before occupancy.

4.

"Manufactured homes (Type 4)" means a single dwelling unit built off-site in a factory on or after January 1, 1976, that is constructed in accordance with the standards set forth by the U.S. Department of Housing and Urban Development; the pitch of the roof has a minimum rise of three inches for every twelve (12) inches of horizontal run (3:12 pitch), and the roof is finished with a type of material that is commonly used in standard residential construction; has siding materials consisting of wood, hardboard, aluminum, steel or vinyl siding comparable in composition, appearance and durability to the exterior siding commonly used in standard residential housing construction; is installed as per manufacturer recommendations, is anchored and skirted with weatherproof materials compatible with the exterior design of the manufactured home; the tongue, axles, transporting lights and removable towing apparatus are removed after placement on the lot and before occupancy.

"Marquee" means a fixed shelter used only as a roof and extending beyond a building line and which is entirely supported by the building to which it is attached.

"Modular home" means a dwelling unit constructed in accordance with the standards required under state and/or federal building codes applicable to site-built homes, and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

"Motel" means a group of attached or detached buildings containing individual sleeping units where a majority of such units open individually and directly to the outside, and where a garage is attached to or a parking space is conveniently located at each unit, all for the temporary use by automobile tourist or transient, and such word shall include tourist courts, motor courts, automobile courts and motor lodges.

"Motor vehicle parts salvage yard" means the use of not more than fifty (50) percent of the premises of a motor vehicle repair garage or motor vehicle body repair shop for the storage of motor vehicles for dismantling and sale of used parts thereof.

"Nonconforming use or structure" means the use or structure which lawfully occupied a building or land at the time this title or any amendments become effective and which does not conform with the use regulations of the zone in which it is located.

"Open space" means any land which is provided or preserved for park or recreational purposes; conservation of land or other natural resources; historic or scenic purposes; or assisting in the shaping of the character, direction and timing of community development.

"Outdoor advertising display" means cardboard, cloth, paper and metal painted signs, wooden, plaster, stone or other sign of any kind or character whatsoever placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever. The term "placed" includes erecting, constructing, posting, painting, printing, tacking, milling, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever (see also definition for "Sign"). Outdoor advertising display does not include:

1.

Official notices issued by any court or public body or officer;

2.

Notices posted by any public officer in performance of a public duty or by any person in giving legal notice;

3.

Directional, warning or informational structure required by or authorized by law or by federal, state, county or city authority.

"Parking lot" means any land legally used for the parking of motor vehicles.

Parking Space, Off-Street. "Off-street parking space" means a space located off any public right-of-way which is at least nine feet by eighteen (18) feet in size for parking of 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.

"Pasture" means an area confined within a fence or other physical barrier and which area is used for grazing or roaming of livestock.

"Permanent foundation of manufactured homes" means a HUD-compliant permanent foundation that has been designed and certified by a licensed professional engineer or architect. Written certification must be provided from a licensed professional engineer or architect stating that the permanent foundation was installed as per standards set forth in "Title 24, Section 3285 of the Code of Federal Regulations," and meets the requirements of "HUD Handbook 7584, Permanent Foundations Guide For Manufactured Housing."

"Permitted conditional use" means a use as listed in a particular district which because of its unique characteristics cannot be classified as a permitted use. After consideration of the effect of such use upon neighboring land and public facilities and services needed at the particular location, a permit for such conditional use may or may not be granted, with or without conditions.

"Permitted use" means a use as listed in a particular district and which conforms to the requirements, regulations, and performance standards for such district. A permitted use may be the principal use or an accessory use.

Planning Board. The Stillwater city-county planning board is an advisory board of not less than ten members appointed by the governing bodies of the city and county as authorized under the provisions of 76-1-101 to 76-1-508, MCA. The city council can also require the city-county planning board to function as the zoning commission in accordance with 76-1-108, MCA.

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

"Porch" means a roofed entrance to a building projecting out from the wall or walls of the main structure and commonly open in part to the weather.

"Principal use" means the primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory.

"Professional (business) offices" means offices to be occupied by accountants, architects, dentists, doctors, engineers, lawyers, insurance agents, real estate agents, or other professions which are of similar nature. Professional offices shall not display stock or wares in trade, commodities sold, nor any commercial use conducted other than associated professional business uses.

"Prohibited uses" in specific zones means those uses not specifically enumerated as permitted uses or permitted conditional uses.

"Public and quasi-public buildings" means and includes public, quasi-public and private elementary schools, high schools, civic buildings, community buildings and uses, museums, art galleries, fire houses, post offices, police stations, senior and youth centers, libraries, parks, hospitals and institutions for philanthropic or charitable purposes.

"Public utility" means a private business, performing a public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include but are not limited to, water supply, electrical power, gas and transportation for persons and freight.

"Public zone" means a separate zone intended to reserve land for public land or semipublic uses.

Recreational Area, Commercial. "Commercial recreational area" means an area operated for profit and devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, skiing, horseback riding, playgrounds and other similar uses, whether the use of such area is limited to private membership or whether open to the public upon the payment of a fee or service charge.

Recreational Area, Noncommercial. "Noncommercial recreational area" means an area devoted to facilities and equipment for recreational purposes, swimming pools, tennis courts, playgrounds, community clubs and other similar uses maintained and operated by a nonprofit club, homeowner's association or other corporate structure and whose membership is limited to the residents within the area.

"Recreational vehicle or travel trailer" means a vehicle, self-propelled or towed, designed as a temporary dwelling for travel, recreation and vacation uses.

"Rehabilitative center, half-way house" means a use providing board and room, recreational, counseling and other rehabilitative services to individuals, of either sex, who by reason of mental or physical disability, addiction to drugs or alcohol, or family and school adjustment problems require specialized attention and care in order to achieve personal independence. Individuals participating in a work release, or similar program from a state institution, and under the supervision of a court, state or local agency shall be included within this definition.

"Residential district" means any residential single-family, multi-family, residential estates, manufactured home or residential professional district.

"Restaurant" means a public eating house which does not provide curbside or automobile service.

"Rest home, convalescent or nursing home" means a use licensed by the state, city or county, which provides nursing, dietary, and other personal services to convalescents, invalids and aged persons, but not surgery, maternity or other care such as are customarily provided in hospitals.

"Retail sales" means an establishment selling goods, wares or merchandise directly to the ultimate customer.

School, Commercial. "Commercial school" means a building where instruction is given to pupils in arts, crafts or trades, and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation.

School, Elementary, Junior or Senior High, Including Public, Private and Parochial. "Elementary, junior or senior high school, including public, private and parochial," means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the schools by the Montana State Board of Education. This definition is not intended to include home schooling.

"Screened" means concealed or cut off from direct visual contact.

"Secondhand store" means a retail establishment in which the principal portion of the articles, commodities or merchandise handled, offered for sale, or sold on the premises is used or not new.

"Setback" means the horizontal distance required between any structure and a lot line or access easement line. The distance is to be measured at right angles to the lot line. The setback line shall be parallel with the lot lines.

"Shopping center" means one or more buildings containing at least three separate retail businesses planned, developed and managed as a unit, with off-street parking provided on the property.

"Sign" means any lettered or pictorial device, fixture, placard and/or structure designed to inform, communicate information or attract attention.

1.

Beacon means any light with one or more beams directed into the sky or in other directions; also, any light with one or more beams that rotate or move.

2.

Billboard means a sign greater than one hundred (100) square feet which advertises or directs attention to products, services or activities that are not provided on the tract of land or lot upon which the sign is located.

3.

Off-premise sign means a sign which advertises or directs attention to products, services or activities that are not provided on the tract of land or lot upon which the sign is located.

4.

Portable sign means a sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs transported by wheels; balloons used as signs; and signs attached to or painted on parked vehicles visible from the public right-of-way, unless the vehicle is used in the normal operations of the business.

5.

Revolving sign means any sign which all or a portion of rotates, either on an intermittent or constant basis.

6.

Roof sign means any sign erected and constructed on and extending vertically above the roof. This does not include signs located below the roof ridge line and integrated with the roof.

7.

Temporary sign means any sign that is not permanently mounted.

"Skirting" means a non-structural enclosure of a crawl space on a manufactured home. Typically, but not always, it is a lightweight material such as vinyl or metal attached to the side of the structure, extending to the ground. If the perimeter enclosure is non-loadbearing skirting comprised of lightweight material, the entire surface area of the skirting must be permanently attached to backing made of concrete, masonry, treated wood or a product with similar strength and durability.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it or is the space between such floor and the ceiling next above.

"Street" means a public way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, or however otherwise designated which has been dedicated to or acquired for public use and which extends the full width between right-of-way lines.

1.

Arterial. A fast or heavy traffic street of considerable continuity and used primarily as a traffic artery for travel among large areas;

2.

Collector. A street that carries traffic from local streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development;

3.

Local. A street used primarily for access to the abutting properties.

Street, Front. "Front street" means a street abutting the predominantly narrow sides of the lots within a block. This is the street that homes within a block shall normally face and shall be the street that addresses are normally assigned to.

Street, Side. "Side street" means a street paralleling or nearly paralleling the predominantly long sides of the lots within a block and intersecting at right angles or nearly right angles the front street. Addresses are not normally assigned along a side street.

"Structural alteration" means 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" means a combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land. The term, "structure," includes, but is not limited to, buildings, balconies, canopies, chimneys, cornices, eaves, decks, gazebos, entrance landings, steps, and porches, sheds and signs.

"Temporary commercial use" means temporary use of property for selling products, services, or other activities for profit by a person(s) other than the property owner. Temporary as specified in the temporary use permit.

"Temporary special use" means temporary use of property for civic events, community services or other non-profit activities by an organization or person(s) other than the property owner. Temporary means sixty (60) days or less as specified in the special use permit.

"Townhouse" means ownership of a parcel of land with an attached single-family dwelling unit that is connected with other similar dwelling units but separated from other similar dwelling units by a common wall having no doors, windows, or other provisions for human passage or visibility.

"Travel trailer park" means any area or tract of land rented or held out for rent to one or more persons or users for parking or temporary placement of travel trailers or recreational vehicles.

"Truck stop" means any occupancy which provides a service for interstate travel directly or indirectly related to the servicing, repairing and/or refueling of semi-trucks, semi-trailers, and their components. A truck stop is a point at which semi-trucks may stop for refueling or where truck drivers can park their trucks, trailers and components and seek lodging and/or food services as well as other services related to interstate trucking needs.

"Use" means any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

"Variance" means the relaxation of the strict application of the terms of this title with respect to requirements such as setbacks, yards, area, building height, parking and loading space, etc., where specific physical conditions unique to the site of the lot would create an unreasonable burden by making its development for permitted uses difficult or impossible.

"Wholesale establishment" means an establishment for the sale of goods and merchandise for resale instead of direct consumption.

"Wireless communication facility" means a facility for the transmission and/or reception of radio frequency, microwave or other signals for commercial communications purposes including equipment structures, antenna support structures and one or more antennae.

Yard, Front. "Front yard" means the space extending across the width of the lot between the front building line and the front lot line.

Yard, Rear. "Rear yard" means an open space extending across the full width of the lot between the rear building line of the principal building and the rear lot line.

Yard, Side. "Side yard" means an open space extending from the side building line to a side lot line running from the front to the rear of the lot.

Zoning Commission. The "zoning commission" is appointed by the city council to recommend the boundaries of the various districts and appropriate regulations to be enforced therein in accordance with the provisions of 76-2-301 to 76-2-412, MCA. The city council can require city-county planning board to function as the zoning commission in accordance with the provisions of 76-1-108, MCA.

"Zoning officer" means that official designated by the city council as the official responsible for accepting, reviewing and approving, or rejecting applications for use permits and for interpretations and enforcement of zoning and other ordinances related thereto.

"Zoning permit" means an official finding that a planned use of a property, as indicated by an application, complies with the requirements of the zoning title or meets special conditions of a variance or conditional use.

(Ord. 321 (part), 2004: Ord. 307 § 1, 1999; Ord. 298 § 1 (part) (11.02.021), 1997)

(Ord. No. 351, § 1(Exh. A), 10-3-2016; Ord. No. 354, § 1(Exh. A), 10-15-2018; Ord. No. 359, § 2, 7-19-2021; Ord. No. 362, § 1(Exh.A), 12-6-2022)

For the purpose of this title, certain terms, phrases, words and their derivatives shall be construed as specified in this chapter. Where terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used. Webster's New World College Dictionary, Fifth Edition, copyright 2014, shall be considered as providing the ordinary accepted meanings. Words used in the present tense shall also include the future; words or phrases used in the singular shall also include the plural, and words used in the plural shall also include the singular; the word "building" includes structure and "structure" includes building. Words used in the masculine gender include the feminine and the feminine the masculine. The word "person" shall include corporation, partnership, or other legal entity.

(Ord. 298 § 1 (part) (11.02.022), 1997)

(Ord. No. 351, § 1(Exh. A), 10-3-2016)