Hamilton City Zoning Code

A.

Setbacks.

1.

Setbacks are measured perpendicular from the lot line to the closest point of a building or structure. See Figure 17.34.010.A.1.

Figure 17.34.010.A.1—Setbacks

2.

Garage setbacks in the R-1 district.

a.

Per subsection 17.08.090.D, in the R-1 district front facing garages on lots with alley access shall be setback a minimum of five feet behind the front of the principal building. On lots without alley access front facing garages may be even with the principal building but shall not extend beyond the front of the principal building. See Figures 17.34.010.A.2 and 17.34.010.A.3

Figure 17.4.010.A.2—Front facing garage setback in R-1 district with alley access

Figure 17.4.010.A.3—Front facing garage setback in R-1 district without alley access

B.

Building height.

1.

Building height is measured as the vertical distance from the average elevation of the final grade at the front of a building to the highest point of the building. See Figure 17.34.010.B.1.

2.

The following roof features may extend up to five feet above the maximum building height in each zoning district without the need for a variance:

a.

Chimneys;

b.

Antennas or satellite dishes;

c.

Rooftop mechanical equipment (e.g., HVAC units, vents);

d.

Solar panels;

e.

Sky lights;

f.

Architectural features (e.g., cupolas, belfries, and steeples);

g.

Similar features that do not add habitable floor area to a building.

Figure 17.34.010.B.1—Building Height

C.

Lot area.

1.

Lot area is measured as the total horizontal area contained within lot lines. See Figure 17.34.010.C.1. For purposes of determining compliance with minimum lot area requirements for existing lots, a lot that is deficient by not more than one half percent shall be deemed to meet the minimum lot area requirement. For example, in the R-1 district, an existing four thousand one hundred eighty-five (4,185) square foot lot would be deemed to meet the four thousand two hundred (4,200) square foot minimum lot area requirement as it is deficient by 0.3% (4,200 - 4185 = 15; 15/4,200 = .003 or 3%).

Figure 17.34.010.C.1—Lot Area

D.

Lot coverage.

1.

Lot coverage is calculated as the area of a lot occupied by principal and accessory buildings (measured from the exterior walls of the ground floor) divided by the total lot area. For the purposes of calculating lot coverage, those portions of a structure which do not have exterior walls are not included, even if it is covered by a roof. See Figure 17.34.010.D.1

Figure 17.34.010.D.1—Lot Coverage

(Ord. No. 452, Exh. A, 1-20-26)

A.

This chapter defines certain words and terms as they are used in this title.

B.

General.

1.

Words used in the present tense include the future;

2.

The singular number includes the plural and the plural includes the singular;

3.

The words "shall" and "will" are mandatory;

4.

The word "may" is permissive;

5.

The word "should" is a preferred alternative;

6.

The word "lot" shall include the words "plot," "piece," and "tract."

"Accessory building or use" means a subordinate building located on the same lot as the principal building, or a subordinate use of land, which is incidental to the principal building or use.

"Accessory dwelling unit" or ADU means a separate dwelling unit within or attached to a single-household dwelling, a separate dwelling unit that occupies an accessory building located on the same lot as a single household dwelling, or a detached dwelling unit located on the same lot as a single-household dwelling. Accessory dwelling units shall be in a building permanently located on the ground.

"Affordable housing" means housing for individuals or families earning less than one hundred twenty (120) percent of the area median income (AMI) for ownership housing and eighty (80) percent AMI for rental housing.

"Agriculture" means the production of food, feed and fiber commodities, livestock and poultry, bees, biological control insects, fruits and vegetables and sod, ornamental, nursery and horticultural crops that are raised, grown or produced for commercial purposes or the raising of wildlife in domestication or a captive environment. For the purpose of this title agriculture does not include feed lot operations.

"Airport" or "airstrip" means a place, on either land or water, where aircraft may land and take off, discharge or receive cargo and passengers, make repairs and take on fuel.

"Alley" means a dedicated right-of-way set aside for vehicular traffic, entering or going through a city block.

"Animal boarding" means a facility where three or more domestic animals are temporarily housed for compensation, including kennels, pet hotels, dog daycares, and overnight boarding facilities. This may include grooming, training, or exercising services. For purposes of this title, animal boarding does not include breeding of any species for commercial sale, livestock husbandry, or other uses that are not incidental to animal boarding.

"Apartment" means a habitable room or suite of two or more habitable rooms, meeting the requirements of the city's adopted International Building Code, located in an apartment building or used for residential purposes in non-residential buildings.

"Apartment building" means a building other than a hotel, motel, townhouse, or rowhouse containing seven or more dwelling units.

"Auction house" means a place where items are offered for sale through competitive bidding. For purposes of this title auction house does not include livestock auctions.

"Bar" means an establishment that is devoted to serving alcoholic beverages for consumption by guests or patrons on the premises and in which the serving of food is only incidental to the service of alcoholic beverages. The term includes but is not limited to taverns, night clubs, and cocktail lounges.

"Bed and breakfast" means a single-household dwelling which remains owner-occupied at all times providing one or more guest rooms for compensation, where food service is limited to breakfast which may be served to overnight guests only, and where the number of daily guests served does not exceed eighteen (18).

"Block" means a group of lots, tracts or parcels within well-defined and fixed boundaries.

"Boarding house" means a building in which separate sleeping rooms are rented that provide sleeping accommodations for three or more persons on a weekly, semimonthly, monthly, or permanent basis, whether or not meals or central kitchens are provided but without separated cooking facilities or kitchens within each room, and whose occupants do not need professional nursing or personal-care services provided by the facility.

"Building" means a structure having walls and a roof, permanently located on the ground, either directly or by being attached to a structure located on the ground. Separate parts of a building divided by an unpierced wall shall be deemed separate buildings.

"Building area" means that portion of the lot that may be occupied by buildings after setback and open space requirements are met.

"Building footprint" means the horizontal area of the outermost perimeter of a building measured from the exterior walls of the ground level. The building footprint does not include roof overhangs, eaves, awnings, architectural features that do not extend to the ground, or portions of a building which do not have exterior walls even if it is covered by a roof.

"Building height" means the vertical distance from the average elevation of the proposed final grade at the front of a building to the highest point of the building.

"Building site" means a lot occupied or intended to be occupied by uses and structures and which abuts a public street, road or highway or a private road which conforms to approved standards.

"Car wash" means a building which has its primary purpose as washing automobiles. Such facilities are considered incidental to gas stations if not more than one vehicle may be washed at one time and if the gas station is clearly the principal use.

"Casino" means an establishment whose principal use or activity is gambling, either in the form of gambling machines (video poker, keno, etc.), card games or other licensed gambling activity. A casino may have beverage and restaurant facilities as accessory uses. An establishment will be considered a casino for the purpose of these regulations if any of the following characteristics apply:

• The establishment is referenced as a casino by signage, advertisement or by name;

• More than one card table is on the premises; and/or

• Six or more gambling machines are on the premises.

"Cemetery" means a place where remains of the deceased are buried or interred.

"Common area" means those areas within the property of an association of unit owners of town homes pursuant to Montana Code Annotated 70-23-101, et seq., but which are not under the individual private ownership of one unit owner. Common areas include landscaped areas other than patios of individual units.

"Community center" a building or portion of a building used for nonprofit cultural, educational, recreational, religious or social activities which is open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency. Examples of community centers are schools, churches, senior centers, Boys and Girls Clubs, and similar uses.

"Community residential facility" means a community group home for developmentally, mentally, or severely disabled persons that does not provide skilled or intermediate nursing care; a youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program, or youth group home as defined in Montana Code Annotated 52-2-602; a halfway house operated in accordance with regulations of the department of public health and human services for the rehabilitation of alcoholics or drug dependent persons; a licensed adult foster family care home; or an assisted living facility licensed under Montana Code Annotated 50-5-227.

"Conditional use structure" means a structure not allowed in a district as a matter of right, but which is permitted upon approval of conditional use permit by the zoning board of adjustment in conformance with Section 17.12.060 of this title.

"Conditional use" means a use not allowed in a district as a matter of right, but which is permitted upon approval of a conditional use permit by the zoning board of adjustment in conformance with Section 17.12.060 of this title.

"Condominium" has the meaning set forth in Montana Code Annotated 70-23-102.

"Convention center" means an assembly use of property where one or more buildings hosts events, conferences, meetings, exhibitions, and/or similar functions attended by a large gathering of individuals or groups, typically across one or more indoor spaces.

"Corner lot" means a lot located at the intersection of two streets or a lot bounded on two sides by a curving street, two cords of which form an interior angle of one hundred thirty-five (135) degrees or less.

"Correctional facility" means a facility for the judicially required detention or incarceration of people, where inmates and detainees are under 24-hour supervision by professionals.

"Cottage court" means a development containing a cluster (or clusters) of detached or attached dwellings on the same lot located around common open space.

"Crematorium" means an establishment where bodies of deceased persons or domestic animals are cremated.

"Data center" means a use involving a building or premises in which the majority of the use is occupied by computers, telecommunications, or related equipment, including supporting equipment, where information is processed, transferred, and stored.

"Day care" means care for children provided by an adult, other than a parent of the children or other person living with the children as a parent, on a regular or irregular basis, as applicable, for daily periods of less than twenty-four (24) hours, whether that care is for daytime or nighttime hours.

"Day care center" means an out-of-home place in which day care is provided to sixteen (16) or more persons on a regular or irregular basis.

"Day care home" means a private residence or other structure in which day care is provided to three to fifteen (15) children on a regular basis.

"Digital asset mining" means a group of computers working at a single site that consume more than one megawatt of energy on an average annual basis for the purpose of generating digital assets by securing a blockchain network.

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

"Downtown core business area." That area of downtown Hamilton which is bounded on the east beginning at Highway 93 (First Street) at the intersection of State Street, then north to Cherry Street, then westerly to the alley between Highway 93 and Second Street, then northerly to Pine Street, then westerly to Fourth Street, then southerly to Pinckney Street, then westerly to Fifth Street, then southerly to State Street, then easterly to the alley between Third Street and Fourth Street, then southerly to Bedford Street, then easterly to Second Street, then northerly to State Street, then easterly to the point of beginning at Highway 93 (First Street).

"Dwelling" means a building, or portion thereof, used for residential purposes by one household providing complete independent living facilities including permanent provisions for living, sleeping, eating, cooking and sanitation, that meets the requirements of the city's adopted International Building Code. Dwellings do not include hotels or motels.

"Easement" authorization by a property owner to the public, a specific person or persons, or entity for a right to use the subject property for a specific purpose or purposes.

"Entertainment venue" means any building or structure dedicated to events typically involving spectators such as auditoriums, theaters, and cinemas. Entertainment venues are divided into the following categories to further regulate impacts:

• "Entertainment venue, small" means establishments having a capacity of no more than one hundred forty-nine (149) people, such as a small theater, concert venue, or banquet hall.

• "Entertainment venue, medium" means establishments having a capacity between one hundred fifty (150) and five hundred (500) people, including single or dual screen cinemas and large meeting or banquet halls.

• "Entertainment venue, large" means establishments having a capacity to serve more than five hundred (500) people, such as arenas, large theaters, multi-screen cinemas, and auditoriums.

"Entertainment venue, outdoor" means an entertainment venue with outdoor space dedicated to events typically involving spectators such as amphitheaters, fairgrounds, stadiums, and racetracks.

"Façade" means the exterior face or elevation of a building, including walls, windows, doors, and other architectural elements, visible from a public street, pedestrian way, or open space. The term "façade" includes all portions of the building envelope between the grade and the roofline on that exterior side.

"Feed lot" has the meaning set forth in Montana Code Annotated 81-3-201.

"Fence" means a structure constructed of wood, metal, block, brick, stone or any other material other than natural vegetation to create a barrier.

"Financial services" means a business use associated with the deposit, withdrawal, saving, investment, or loaning of money or financial instruments, including and not limited to banks, credit unions, trust companies, mortgage associations, foreign exchange establishments, security and commodity-contract dealerships, investment brokerage firms, and other similar businesses.

"Food truck" means a self-contained mobile trailer unit, truck, or cart selling food or beverages to the general public.

"Frontage" means the length of a lot that directly abuts a public or private street, right-of-way or easement, measured along the front lot line.

"Gas station" means the use of a site for the retail sale of vehicle fuels.

"Governing body" means the Hamilton City Council.

"Home occupation" means a for-profit activity carried on in a residential dwelling as a secondary use subordinated to the principal use.

"Hospital" has the meaning set forth in Montana Code Annotated Section 50-5-501.

"Hotel" or "motel" means one or more buildings with sleeping rooms which are provided to transient guests for compensation.

"Household" means one or more persons occupying a dwelling unit as a single, nonprofit, housekeeping unit."

"Incidental" means any action or use that is secondary to, any other action or use.

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

"Landscaping" means natural vegetation or any combination of natural and man-made materials intended to enhance the appearance or mitigate the adverse effects of the use of a property.

"Livestock" means cattle, sheep, swine, goats, horses, mules, asses, llamas, alpacas, bison, ostriches, rheas, emus and domestic ungulates.

"Lot" means a contiguous area of land with defined boundaries under common ownership created by subdivision, subdivision exemption or their legal equivalent.

"Lot coverage" means the area of a lot occupied by principal and accessory buildings, measured from the exterior walls of the ground floor. For the purposes of calculating lot coverage, those portions of a structure which do not have exterior walls are not included, even if it is covered by a roof.

"Lot depth" means the mean horizontal distance between the front and rear lot lines.

"Lot line, front" means the lot line that "faces" and is adjacent to the street. For corner lots the front lot line is the lot line adjacent to the street from which the lot is addressed. Where an address has not been assigned, the front lot line shall be designated as the shorter of the two street-adjacent lot lines, unless otherwise determined by the zoning administrator for purposes of uniformity or access.

"Lot line, rear" means the lot line opposite and most distant from the front lot line.

"Lot line, side" means any lot line that is not a front or rear lot line.

"Lot width" means the distance between the side lot lines measured at minimum front yard setback line. See Figure 17.34.020.B.1.

Figure 17.34.020.B.1—Lot Width

"Manufactured home" means a residential dwelling built offsite in a factory, that is in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of its production. A manufactured home does not include a mobile home or house trailer, as defined in Montana Code Annotated 15-1-101.

"Manufacturing" means the transformation of materials or substances into new products, including the assembling of component parts; the manufacturing, fabrication, or processing of products; and the blending of materials. This use group includes commercial production of cannabis products as well as beer, wine, and spirits that do not meet the definition of microbreweries and micro-distilleries. Manufacturing activities are divided into the following categories based on character and intensity, infrastructure needs, and potential off-site impacts:

• "Manufacturing artisan" means production of goods by use of hand tools or small-scale mechanical equipment typically in an enclosed building with no outdoor storage. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing, and similar arts and crafts or very small-scale manufacturing uses that have no negative external impacts on surrounding properties.

• "Manufacturing light" means small scale manufacturing and production of finished parts or products, primarily from previously prepared materials. Typical uses include commercial kitchens and catering; printing and related support activities; machinery, electronic equipment, small appliance and computer manufacturing and assembly; furniture manufacturing and assembly; and any other manufacturing or assembly activity that has limited external impacts on surrounding properties that can be adequately addressed through site design. These uses typically occur entirely indoors and feature low levels of trucking access.

• "Manufacturing moderate" means uses that accommodate moderate intensity levels of manufacturing, production, and assembly activities; storage; warehousing; associated offices; and similar uses. This use category includes, but is not limited to contractors; textiles; marijuana manufacturing, testing, and transporting, apparel; call centers; textiles; wood products; printing; pharmaceuticals; machinery manufacturing; research and development; and bulk storage and handling of such products. These uses may feature some outdoor activities and/or storage and/or moderate levels of associated trucking access.

• "Manufacturing intensive" means uses that contain land use intensity impacts typically associated with large industrial uses, their accessory outdoor storage uses, and large building areas. This use category includes, but is not limited to wrecking yards, building material manufacturing, petroleum products, chemical plants, concrete and asphalt plants, and larger freight facilities.

"Marijuana" has the meaning set forth in Montana Code Annotated 16-12-102.

"Marijuana business" means a marijuana cultivator, manufacturer, dispensary, combined-use licensee, testing laboratory, transporter, or any other business or function that is licensed by the state.

"Marijuana cultivator" means a use operated by a person licensed by the State of Montana to plant, cultivate, grow, harvest, and dry marijuana; or package and relabel marijuana produced at the location in a natural or naturally dried form that has not been converted, concentrated, or compounded for sale through a licensed dispensary.

"Marijuana dispensary" means a registered premises from which a person or entity licensed by the State of Montana may obtain marijuana or marijuana products from a licensed cultivator, manufacturer, dispensary, or other licensee approved by the state; and sell marijuana or marijuana products to registered cardholders, adults that are twenty-one (21) years of age, or both.

"Marijuana manufacturer" means a use operated by a person licensed by the State of Montana to convert or compound marijuana into marijuana products, marijuana concentrates, or marijuana extract and package, repackage, label, or relabel marijuana products.

"Marijuana product" means a product that contains marijuana and is intended for use by a consumer by a means other than smoking. The term includes but is not limited to edible products, ointments, tinctures, marijuana derivatives, and marijuana concentrates.

"Marijuana testing laboratory" means the qualified person licensed by the state that provides testing of representative samples of marijuana and marijuana products; and provides information regarding the chemical composition and potency of a sample, as well as the presence of molds, pesticides, or other contaminants in a sample.

"Marijuana transporter" means a person that is licensed to transport marijuana and marijuana products from one marijuana business to another marijuana business, or to and from a testing laboratory, and to temporarily store the transported retail marijuana and retail marijuana products at its licensed premises, but is not authorized to sell marijuana or marijuana products to consumers under any circumstances.

"Medical services" means professional occupations concerned with treating and caring for sick and injured persons and animals.

"Mobile home" means forms of housing known as "trailers," "house trailers" or "trailer coaches" exceeding eight feet in width or forty-five (45) feet in length, designed to be moved from one place to another by an independent power connected to them, or any trailer, house trailer, or trailer coach up to eight feet in width or forty-five (45) feet in length used as a principal residence.

"Mobile home park" means the use of land upon which two or more mobile homes are located for dwelling or sleeping purposes.

"Mortuary" means a facility where deceased persons are prepared for burial or cremation, and funeral services may be conducted.

"Multiple-household dwelling" means a building or portion thereof with two or more individual residential dwelling units.

"Nonconforming" means a lot, use, or structure that was lawfully established but, because of annexation or the adoption of new or amended regulations, no longer complies with one or more requirements of this title.

"Non-sight obstructing fence" means any fence structure where the fence material obstructs twenty-five (25) percent or less of the clear visibility through the fence blocked.

"Nursing home/skilled nursing facility" means a facility that provides a wide range of health and personal care services that focus on medical care more than assisted living or community residential facilities as defined in these regulations. Services typically include nursing care, 24-hour supervision, three meals a day, and assistance with everyday activities. Rehabilitation services, such as physical, occupational, and speech therapy, may also be available. For the purposes of these regulations, nursing home includes a long-term care facility.

"Park" means a publicly or privately owned lot or area reserved and maintained for active and/or passive recreation and open space, available to the public. Parks include but are not limited to landscaped/open areas, playgrounds, trails, gardens, picnic areas, sports fields, natural preserves, and related support facilities. Buildings and other physical structures are allowed only as incidental uses to the principal use as a park.

"Parking structure" means a covered structure or portion of a covered structure, other than a "garage," that provides parking for motor vehicles

"Personal service" means an establishment or facility which provides information, instruction, or services for personal improvement and other similar services of a non-professional nature, including the cleaning, maintenance or repair of clothing or footwear, and maintenance or improvement of the customer's physical appearance. Typical uses include hair salons, barber shops, beauty shops, nail salons, yoga or dance studios, driving schools and martial arts studios.

"Planned unit development" means a land development project in which flexible and efficient use of land and services is encouraged while preserving and enhancing open space and natural or historical features. Such development may include public, commercial and/or residential uses.

"Principal building or use" means the primary or predominate building(s) or use on a lot. In general, the principal use is carried out in a principal building.

"Professional office" means an establishment where professionals, government officials, managers, or administrative services providers offer professional services. Such services include, but may not be limited to, those rendered by attorneys, accountants, medical professionals, veterinarians, chiropractors, podiatrists, architects, optometrists, planners, physical therapists, professional engineers, surveyors, and realtors. This definition includes walk-in clinics providing medical services that do not involve overnight stays. This definition does not include uses more specifically classified or defined within these regulations.

"Public and institutional use" means a use of land, building, or structure that serves the health, safety, educational, cultural or welfare needs of the community, including but not limited to government or public-agency facilities, schools, colleges, libraries, museums, places of worship, convention or cultural centers, parks and playgrounds, and non-profit institutional organizations.

"Public utility" has the meaning set forth in Montana Code Annotated 69-3-101

"Recreation, commercial (indoor)" means a commercial business offering amusement, fitness, recreational or entertainment activities where such activities are contained within one or more buildings.

"Recreation, commercial (outdoor)" means a commercial business offering amusement, fitness, recreational or entertainment activities where part or all of such activities are outdoors.

"Recreational vehicle (RV)" means a vehicular unit eight feet or less in width, designed as temporary living quarters for recreational camping or travel use, and operated under its own motive power or mounted on or drawn by another vehicle. Includes travel trailer, camper trailer, truck camper and motor home.

"Recreational vehicle park" means a plot of ground upon which two or more sites are located, established or maintained for occupancy by the general public as temporary spaces for recreational vehicles.

"Recycling center" means a public or semi-public use of land or buildings for sorting, short-term storage and loading of recyclable materials for off-site distribution and processing. For the purpose of this title, it does not include trash or refuse transfer stations, sanitary landfills, or processing of materials into recycled products, and does not allow for collection or storage of hazardous materials.

"Restaurant" means an establishment whose primary purpose is preparing and serving food and beverages to customers for immediate consumption, either onsite or off-site. A restaurant may include the service of alcoholic beverages provided that alcohol is served only in conjunction with the service of food.

"Retail" means the sale, lease, or rental of new or used products to the general public.

"Right-of-way" means a linear public way established or dedicated for public purposes by duly recorded plat, deed, easement, grant, prescription, condemnation, governmental authority or by operation of the law and intended to be occupied by a street, crosswalk, railroad, electric transmission lines, water line, sanitary sewer line, storm sewer line or other similar uses.

"Salvage yard" means land or buildings where waste or discarded or salvaged materials are brought, sold, stored, exchanged, cleaned, packed, disassembled or handled.

"School" means a public or private educational facility including pre-schools, elementary schools, middle/junior high schools, high schools, vocational schools, colleges, community colleges, universities, and military academies, and encompassing school grounds and facilities.

"Setback" means the required distance between lot lines and any structure or building on the lot.

"Short-term rental" means a residential dwelling or part of a residential dwelling that is rented by or on behalf of the owner to the general public for compensation for transient guests.

"Sight obstructing fence" means any fence structure where the fence material obstructs twenty-five (25) percent or more of the clear visibility through the fence.

"Sign" means any identification, description, illustration or device, illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation; or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and national flags. Signs shall also include all sign structures.

"Single-household dwelling" means a building with one individual dwelling unit.

"Special use" means a use which, because of it's building size or footprint, requires additional review to evaluate and mitigate potential impacts related to scale, traffic, site design, and compatibility with surrounding uses.

"Storage, indoor commercial" means a facility providing enclosed mini storage units leased on a self-service basis for storage of household or business goods.

"Storage, outdoor commercial" means designated outdoor areas used for storage of vehicles (automobiles, RVs, boats, motorcycles, trucks) that are not used for dismantling, repair, or sales of vehicles.

"Story" means that portion of a building included between the surface of any floor and the surface of the next floor above, or if there is no floor above, the space between the surface of any floor and the ceiling above. A basement is not considered a story.

"Story, half" means the portion of a building between the top floor and a sloping roof, with at least two opposite exterior walls meeting the sloping roof not over three feet above such floor level.

"Street" means a public or private thoroughfare which affords the principal means of access to abutting property for use by motor vehicles, bicycles, and pedestrians.

"Structure" means anything constructed or erected, and permanently located on the ground either directly or by being attached to a structure located on the ground. A structure is not necessarily a building, but a building is a structure.

"Townhouse" or "townhome" means property that is owned subject to an arrangement under which persons own their own units and hold separate title to the land beneath their units, but under which they may jointly own the common areas and facilities.

"Townhouse" or "townhome lot" a lot created through townhome exemption (Montana Code Annotated § 763-203) that includes the land beneath each dwelling unit and can include land adjacent to each dwelling unit as shown in the approved townhome declaration site plan. Only one dwelling unit is associated with each townhouse lot.

"Transient guest" means an occupant who is temporary in nature, staying at one location for twenty-eight (28) days or less.

"Use" means the purpose for which land, buildings, and/or structures are designed, arranged, intended, occupied or maintained.

"Variance" means a deviation from the terms of this Title 17. See Section 17.12.070.

"Vehicle broker" means an individual or company who:

a.

Engages in the business of offering to procure or procuring a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle on behalf of another; or

b.

Represents to the public through solicitation, advertisement, or otherwise that the person is one who offers to procure or procures a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle by negotiating purchases, contracts, sales, or exchanges on behalf of another and who does not store, display, or take ownership of a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle.

"Vehicle repair and service" means the repair or servicing of automobiles, engines, motorcycles, motor homes, recreational vehicles or boats. This includes the sale and on-site installation of parts, wheel and brake shops, body and fender shops, oil change shops, and similar repair and service activities, but excludes dismantling or salvage and gas stations.

"Warehousing" means the storage, wholesale, and distribution of raw or manufactured products, supplies, equipment, excluding bulk storage of materials that are hazardous, inflammable or explosive.

"Wholesale" means the selling of products to retailers, contractors, industrial or institutional business users, or other wholesalers, rather than to the general public. These uses may include processing, packaging, and shipment operations, with warehousing as an accessory activity.

"Yard" means the horizontal space between a principal building and a property line. Yards are divided into the following categories:

Front yard" means the yard between a principal building and the front property line of the lot on which the building is located, extending along the full length of the front property line between the side property lines. See Figure 17.34.020.B.2.

"Rear yard" means the yard between a principal building and the rear property line of the lot on which the building is located, extending along the full length of the rear property line between the side property lines. See Figure 17.34.020.B.2.

"Side yard" means the yard between a principal building and the side property line of the lot on which the building is located, extending along the full length of the side property line between front and rear property lines. See Figure 17.34.020.B.2.

Figure 17.34.020.B.2—Yards

"Zoned lot" means a legally described lot that is located within a defined zoning district within the City of Hamilton boundaries.

(Ord. No. 452, Exh. A, 1-20-26)