A.

For the purpose of this title, certain terms and words are defined as set forth in this chapter.

B.

Words used in the present tense include the future; words used in the singular number include the plural number and words in the plural number include the singular number.

C.

"Building" includes "structure" and "lot" includes "plot".

(Ord. 1359, 1987)

"Accessory building" means a subordinate building or portion of the main building which is located on the lot of the main building, and the use of which is clearly incidental to the use of the main building.

(Ord. 1359, 1987)

"Accessory dwelling unit" means a self-contained living unit on the same parcel as a single-family dwelling of greater square footage that includes its own cooking, sleeping and sanitation facilities; and complies with or is otherwise exempt from any applicable building code, fire code and public health and safety regulations adopted pursuant to Title 50, Chapter 2, Montana Code Annotated.

(Ord. No. 2009, 9-5-2023)

"Alley" means a narrow thoroughfare upon which abuts, generally, the rear of premises and which is not more than twenty (20) feet wide.

(Ord. 1359, 1987)

"Block" means the property fronting on one side of any street, avenue, or boulevard between the two nearest of any of the following, intersecting such street, avenue, or boulevard: street, avenue, boulevard, park, waterway, railroad rights-of-way.

(Ord. 1359, 1987)

"Boardinghouse" means a building or premises where meals are served and lodging provided for compensation for five or more persons but not exceeding twenty (20) persons.

(Ord. 1594 § 111, 2002: Ord. 1359, 1987)

"Building inspector" means a person appointed by the mayor and city council for the purpose of inspecting all construction in the City of Libby and requiring that it meet the standards as set forth in the zoning ordinance and he shall be qualified by education and experience and a knowledge of building and construction to pass judgment on the quality of materials and workmanship in all the various branches of building and construction.

(Ord. 1359, 1987)

"Corner lot" means a lot abutting upon two or more streets at their intersection, provided the angle at which the streets intersect does not exceed one hundred thirty-five degrees (135°).

(Ord. 1359, 1987)

"Court" means an open, unoccupied, unobstructed space other than a yard on the same lot as a building.

(Ord. 1359, 1987)

"District" means a section of the city for which the regulations governing the height, area, or the use of buildings and premises are the same.

(Ord. 1359, 1987)

"Dwelling" means any house or building or portion thereof which is occupied in whole or in part as the home, residence, or sleeping place of one or more persons either permanently or transiently.

(Ord. 1359, 1987)

"Family" means any number of individuals living and cooking together on the premises as a single housekeeping unit.

(Ord. 1359, 1987)

"Front lot line" means the line separating the lot from the street. On a corner lot, the owner shall, for the purpose of this title, have the privilege of electing any street lot line as the front line, provided it is so designated on the building plans filed for approval with the city building inspector.

(Ord. 1359, 1987)

"Gross floor area" means the interior habitable area of a single-family dwelling or an accessory dwelling unit.

(Ord. No. 2009, 9-5-2023)

"Half story" means a story which is situated under a sloping roof, the floor area of which does not exceed one-half the floor area of the floor immediately below it.

(Ord. 1359, 1987)

"Height of building" means the vertical distance from the established sidewalk grade at the center of the front of the building to the highest point of the roof surface if a flat roof; to the deck line for mansard roofs; and to the mean height level between eaves and ridge for gable, hip and gambrel roofs. For buildings set back from the street lines, "height of building" may be measured from the average elevation of the finished grade along the front of the building.

(Ord. 1359, 1987)

"Hotel" means a building or premises where lodging is provided, with or without meals, for more than twenty (20) persons.

(Ord. 1359, 1987)

"Inner court" means a court not extending to the street or to a front or rear yard.

(Ord. 1359, 1987)

"Interior lot" means a lot, the side lines of which do not abut any street.

(Ord. 1359, 1987)

"Lot" means a piece or parcel of land occupied or to be occupied by one main building and its accessory buildings and including the open spaces required under this title.

(Ord. 1359, 1987)

"Nonconforming use" means a use of a building or premises that does not conform with the regulations of the use district in which it is situated.

(Ord. 1359, 1987)

"Outdoor display" means the displaying of goods, merchandise or products outdoors such that the items are readily available for sale at retail on the same lot and in conjunction with a permitted or special use which is otherwise operated entirely within a permanent fully enclosed building.

(Ord. No. 1961, 7-20-2020)

"Outdoor storage" means the storing or maintaining, exterior to any permanent, fully enclosed building or structure of goods, merchandise, inventory, equipment or other tangibles for any purpose other than outdoor display, including shipping containers. Goods, merchandise or products stacked on pallets and/or wrapped in packing materials such that the items are not readily available to the public for immediate retail sale shall be considered outdoor storage and not outdoor display.

(Ord. No. 1961, 7-20-2020)

"Outer court" means a court extending to a street or to a front or rear yard.

(Ord. 1359, 1987)

"Personal services" means either intellectual or manual personal labor of the server of her/his skill (physicians, architects, attorneys, masseuses, etc.), rather than a salable product.

(Ord. No. 1961, 7-20-2020)

"Plaza" means a public square, marketplace or similar open space in an otherwise built-up environment.

(Ord. No. 1961, 7-20-2020)

"Private garage" means a building or space used as an accessory to a main building permitted in any residence district and providing for the storage of motor vehicles and in which no business, occupation, or service for profit is in any way conducted.

(Ord. 1359, 1987)

"Public garage" means any garage other than a private garage for the storage of motor vehicles at which repairs on any kind of motor vehicle are permitted or at which the sale of accessories and filling station service are permitted.

(Ord. 1359, 1987)

"Rear lot line" means the lot line opposite and most distance from the front lot line. The rear lot line on any irregular or triangular lot shall, for the purposes of this title, be a line entirely within the lot, ten (10) feet long and parallel to and most distance from the front lot line.

(Ord. 1359, 1987)

"Rear yard" means a space, unoccupied, except by a building of accessory use as provided in this title, extending for the full width of the lot between the rear lot line and the extreme rear line of a building.

(Ord. 1359, 1987)

Retail store means a place of business in which merchandise is sold directly to the general public.

(Ord. No. 1961, 7-20-2020)

"Setback line" means a line back of the street line between which and the street line no building or portion thereof, except as provided in this title, may be erected above the established sidewalk grade at the center of the front of the building.

(Ord. 1359, 1987)

"Side lot line" means any lot line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side street lot line.

(Ord. 1359, 1987)

"Side yard" means the yard along the side line of a lot and extending from the setback line to the rear yard. Where other definitions are necessary, resort may be had to the current issue of the Uniform Building Code or of the Pacific Coast Building Officials' Conference and building code or ordinance of the city. In all cases of doubt or dispute arising under this title, the decision of the building inspector of the city shall control, subject to appeal to the board of adjustment.

(Ord. 1359, 1987)

"Street" means a public thoroughfare more than twenty (20) feet wide; provided, however, that any existing thoroughfare less than twenty (20) feet wide, generally known as a street on September 6, 1966, shall be considered a street for the purpose of this title.

(Ord. 1359, 1987)

"Temporary storage (construction)" means materials and equipment used during the active construction/renovation of a building for a period not to exceed six months. Upon completion of construction, any materials, storage containers and/or equipment used for the project must be removed within ten (10) days after project close-out as determined by the building inspector.

(Ord. No. 1961, 7-20-2020)

"Trailer" means a vehicle designed to be pulled by a motor vehicle which is used to carry property, trash, or special equipment and that is twenty-four (24) feet or less in length. It does not include mobile or manufactured homes.

(Ord. No. 1961, 7-20-2020)

Classification of use districts shall be as follows:

A.

Residence A District;

B.

Residence B District;

C.

Medical Community District;

D.

Agricultural-Suburban District;

E.

Business-Residence District;

F.

Main Business District; and

G.

Industrial District.

(Ord. 1359, 1987)

"Variance" is a means by which an adjustment is made in the application of the specific regulations of this chapter to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same zone or vicinity and which adjustment remedies disparity in privileges. A variance is a form of special exception.

(Ord. 1359, 1987)

"Yard" means an existing or required open space on the same lot with a principal building and lying along the adjacent lot line; open, unoccupied and unobstructed from the ground to the sky, except as otherwise provided in this title.

(Ord. 1359, 1987)

"Yard sale" means an infrequent event (less than four times per calendar year and lasting no more than three days) conducted on property in residential districts where used household goods and personal items are offered for sale to the general public by the owner or tenant of the property or by a group of owners or tenants. A yard sale is not conducted as part of a continuing business venture. Holding four or more yard sales during a calendar year at the same address shall be considered a retail use and therefore prohibited. The term "yard sale" shall include all sales entitled "yard sale," "lawn sale," "attic sale," "rummage sale," "garage sale," "flea market sale" or "estate sale."

(Ord. No. 2006, 6-5-2023)