The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this article , except where the context clearly indicates a different meaning. The word "building" includes the word "structure," and the word "lot" includes the words "plot," "parcel" and "tract;" the word "signature" includes the word "mark" when the person cannot write. The word "shall" is mandatory; the word "may" is permissive.

Accessory building: A subordinate building or portion of the main building which is located on the lot occupied by the main building, and the use of which is clearly incidental to the use of the main building.

Accessory use: A use occurring on the same lot either in the same building or in a separate accessory structure which is clearly incidental to the primary allowed use.

Administrator: The person appointed by the city council to administer these zoning regulations.

Alley: A public way with a right-of-way not over 30 feet in width which is not designed for general travel; which is used as a means of access to the rear of residences and business establishments and affords only a secondary means of access to the property abutting along its length.

Alternative antenna support structure: An antenna support structure designed to shield, conceal or disguise the presence of antennas or towers and blend with the surrounding setting. Alternative structures may include, but are not limited to, unobtrusive architectural features on new or existing structures, utility poles, clock towers, flagpoles and church steeples.

Amateur radio antenna: A ground, building or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, 49 CFR §97 and as designed by the Federal Communications Commission (FCC).

Amateur radio antenna support structure: Any structure or device specifically designed, constructed and/or erected for the purpose of attaching, mounting or otherwise affixing amateur radio antennas. The term includes the structure and any support thereto.

Animal rescue shelter: A facility in which dogs, cats, or both, that have been abandoned, strayed, removed by judicial proceedings, or have been voluntarily surrendered are housed and cared for pending return to the lawful owner, placement for adoption, or euthanasia by humane means.

Antenna: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas but not including satellite earth stations.

Antenna support structure: Any structure or device specifically designed, constructed and/or erected for the purpose of attaching, mounting or otherwise affixing antennas. Antenna support structures may include, but are not limited to, self-supporting lattice towers, guyed towers, or monopole towers. The term also includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative antenna support structures and the like. The term includes the structure and any support thereto.

Antenna support structure height: The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure including any attached antennas. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height. The height of roof-mounted antenna support structure height does not include the height of building on which they are mounted.

Assembly: The fitting together of manufactured parts into a complete product.

Bed and breakfast: A single household which remains owner-occupied at all times, providing from one to no more than six guest rooms for compensation, where food service may be served to overnight guests only, and which meets the requirements of section 24-66.

Block: 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 or railroad right-of-way.

Board of adjustment: The body authorized by the city council to hear appeals on the interpretations of the provisions of this chapter, to grant variances from any provision of this chapter, and to grant special exceptions to the terms of this chapter.

Building: A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or objects.

Building for lease or rent: A building intended to be leased or rented independent of another building on a single tract of land, including circumstances where a unit within a larger structure is to be leased or rented independently.

Building height: The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of a flat roof; and to the average height between the finished lot grade at the front of a building and ridge of a gable, hip or gambrel roof. For purposes of measuring building height, the following elements of a building are excluded: chimneys, cooling towers, elevators, bulkheads, fire towers, spires, smoke stacks, wireless communication towers, antennae, and necessary mechanical appurtenances.

Certificate of occupancy: A permit/certificate issued by the administrator upon a determination that a project or use complies with these regulations and any required conditions when a new building, fence is completed and is intended to be used per its zoning permit approval.

Change of occupancy or use: A change in the type of use, such as from one business to another. Changes of ownership or occupancy by a different family or occupancy by one commercial or industrial land use to the same land use listed in these regulations do not qualify as a change of occupancy or use. A change of occupancy or use can be minor or non-minor, as follows:

(1)

Minor: A change that has identical or less parking requirements, similar traffic generation potential, creates no additional signage, and has, as determined by the administrator, similar or lesser impacts on neighboring land uses.

(2)

Non-minor: A change that has additional parking requirements, added traffic generation potential, creates additional signage, or has, as determined by the administrator, greater impacts on neighboring land uses.

Change of occupancy permit: A permit issued when a non-minor change in occupancy or use occurs in a building or on a premises.

Clear vision triangles: Triangular areas at intersections of streets or streets and driveways in which certain visual obstructions above particular heights are prohibited except as provided by these regulations. See section 24-47.

Co-location: The use of a wireless communications facility by more than one wireless communications provider.

Commercial wireless communications services: Licensed commercial wireless telecommunication services including cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

Conditional use: A use that may be allowed as a special exception in a zoning district with additional controls and safeguards to prevent undesired impacts to neighboring landowners, residents or the city as a whole.

Conditional use permit: A permit issued for any land use or building activity listed as a "conditional use" in the various zoning districts following review of a conditional use by the city council and the applicant meeting any conditions imposed by the city council.

Condominium: A form of ownership of single units with common elements located on property submitted to the provisions of the Montana Unit Ownership Act (MCA Title 70, Chapter 23). The term does not include a townhome or townhouse.

Corner lot: A lot situated at the junction of and fronting on two or more streets, and having a width and depth as shown on the plot. Its width dimension is its front and its depth dimension its side, for the purpose of this chapter. Where there is doubt or dispute on this point, the decision of the administrator shall control.

Curb level: The level established for the curb in front of a building, measured at the center of such front.

Depth of lot: The mean horizontal distance between the front and the rear lot lines.

District: A section or sections of the city and the designated area for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.

Dwelling, multifamily: A residential building designed for and occupied exclusively by more than two families.

Dwelling, single-family: A detached residential living unit, other than a mobile home, designed for and occupied by one family, which may include manufactured housing.

Dwelling, two-family: A residential building designed for and occupied exclusively by two families, also known as a duplex. This term is distinct from a single-family dwelling with an apartment that is used as an accessory dwelling unit.

Easement: A vested or acquired right to use land, other than as a tenant, for a specific purpose; such right being held by someone other than the owner who holds the title to the land.

Equipment enclosure: A structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies, and emergency generators.

Existing structure or use: Any structure or use in place prior to December 9, 2016.

FAA: Federal Aviation Administration.

Façade: That portion of a building fronting on and visible from a public street.

Family: One or more persons occupying the premises and living as a single housekeeping unit.

FCC: Federal Communications Commission.

Floodway: The channel of a stream and the adjacent overbank areas that must be reserved in order to discharge a base flood without cumulatively increasing the water surface elevation more than one-half foot.

Frontage: The distance, measured in lineal feet, along any property line abutting a public street.

Government: The United States of America and all of its agencies, the State of Montana and all of its agencies and political subdivisions, including but not limited to Custer County and the City of Miles City.

Home occupation: A commercial or light industrial activity conducted in a dwelling or a building accessory to a dwelling. See section 24-64.

Hotel: A building or premises where lodging is provided, with or without food, and open to transient guests.

Improvements: Street grading and surfacing with or without curbs and gutter, sidewalks, crosswalks, water mains, sanitary and storm sewers, culverts, bridges, streets and trees.

Infill development: Development or redevelopment designed to occupy scattered, vacant or underutilized parcels of land that remain after the majority of development has occurred in an area.

Interior or inside lot: A lot other than a corner lot.

Junkyard: A tract of land, or part thereof, used primarily for the collecting, storage and sale of scrap or discarded material, or for the collecting, dismantling or storing and salvage of machinery or vehicles not in running order or for the sale of parts thereof.

Landowner: An owner of a legal or equitable interest in real property. The term includes an heir, successor, or assignee of the ownership interest.

Lease or rent: The transfer of possessory interest in property for any period of time where payment, services, or other values are exchanged for the tenant's use of the property without a transfer of title to the real estate. For purposes of these regulations, the terms "lease" and "rent" do not include such arrangements between relatives, specifically, those between individuals and their parents, children, spouses, siblings, and ancestors, natural or by adoption.

Licensed user: Any individual or entity licensed by the FCC to place an antenna upon an antenna support structure.

Light industrial: The production or manufacturing of consumer oriented products.

Living unit: A residential unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Lot: Land occupied or to be occupied by one building and accessory buildings and uses and including open spaces required under this chapter. A lot may be land recorded as such on the records of the county clerk and recorder.

Lot coverage: The area of a lot or parcel that is covered by rooftops, paving, and other surfaces that prevent direct infiltration of precipitation or runoff into the soil. Lot coverage is typically expressed as a percentage of the total area of the lot. Surfaces such as gravel driveways and permeable pavers may be assessed for lot coverage based on relative imperviousness factor guidance provided by MDEQ or other credible sources. Slatted decks are not considered lot coverage where the ground under the deck is pervious.

Lot lines: The lines bounding a lot, parcel or tract of record. These regulations establish three types of lot lines:

(1)

Front lot line: The lot line closest to and paralleling the street on which the main building is addressed.

(2)

Side lot line: A lot line extending from the front lot line to the rear lot line along a lot boundary. For purposes of determining side yards, any lot line not a rear lot line or a front lot line shall be deemed a side lot line.

(3)

Rear lot line: The lot line on the opposite end of a lot from the front lot line, which is parallel, or more or less parallel, to the front lot line.

Lot width: The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the rear of the required front yard.

Manufactured housing: A building that serves as a single-family dwelling, built off site in a factory on or after January 1, 1990, that is placed on a permanent foundation, is at least 1,000 square feet in size, has a pitched roof and siding and roofing materials that are customarily used on site-built homes, and 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 MCA 15-1-101. [MCA 76-2-302(4)]

Manufacturing: To make or process materials or substances into a finished product.

Medical marijuana provider: A person licensed by the Montana Department of Health and Human Services to assist a registered medical marijuana card holder.

Minor utility installation: Includes cable television, electric power and telephone cables and transmission lines, water and sewer facilities, and natural gas pipelines that serve the area through which they are routed. Also includes transformer boxes and other minor appurtenances to those transmission lines or pipelines. Wireless communication facilities are not minor utility installations.

Mobile home: A form of housing known as "trailers", "housetrailers", or "trailer coaches" exceeding eight feet in width or 45 feet in length, designed to be moved from one place to another by an independent power connected to them, or any trailer, housetrailer, or trailer coach up to eight feet in width or 45 feet in length used as a principal residence (MCA 15-1-101(m)).

Mobile home park: A tract of land designed and developed to accommodate two or more mobile homes, each occupying a portion of the site on a purchase, lease or rental basis, and each provided with the necessary utilities and other amenities so that the total development serves as a suitable environment for long-term residential occupancy. Such parks are regulated by the Montana Subdivision and Platting Act.

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

Parking space, off street: A space located outside any public right-of-way which is at least nine feet by 20 feet in size with vertical clearance of seven feet, for parking of typical passenger vehicles with room to get out on either side of the vehicle, with adequate maneuvering space and accessible to public streets or alleys.

Permitted use: Any use listed as permitted within a zoning district.

Permit: Written authorization by the administrator or board of adjustment to develop or use property as outlined by article IV of these regulations.

Plat: Any map, plan or chart of a tract of land or subdivision indicating the location and boundaries of individual properties.

Primary building: The main building on a property, which houses the principal use of the property, and to which all other buildings and uses on the premises are accessory. Said building must follow IRC (2021) Sections R305, 306, 307, and 302.6, or subsequent promulgations of the same as may be adopted by the city. Further, a primary building in the residential zone context must have, at minimum, one bedroom, one bathroom, and one kitchen.

Principal use: 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.

Public utility: Any business which furnishes the general public with telephone service, electricity, natural gas or water; and any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the state.

Recreational vehicle (RV): A vehicle used and so constructed as to permit its being used as a conveyance upon public streets or highways and duly licensable as such, constructed in such a manner as will permit occupancy thereof as a temporary or seasonal dwelling.

Residential district: A zoning district designated on an official city zoning map primarily for development of residential dwelling units. The residential districts in Miles City are RA, RB, RC, SR, MH-A, and MH-RV.

Retail business: A business engaged in the selling of merchandise.

Right-of-way: The area, either public or private, over which the right of passage exists. The right-of-way shall not be considered as land area when computing lot size.

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture or adult video theatre, escort agency, nude model studio, or similar facilities.

Setback: The line within a property defining the required minimum distance between any structure (or use if specified) and the adjacent right-of-way or property line of any lot.

Sign permit: A permit issued for installation or placement of a sign (under separate ordinance).

Street: A way for vehicular traffic designated as a street, highway, boulevard, thoroughfare, parkway, throughway, avenue, road or court on the official records and maps.

(1)

Arterial streets and highways: Those which are primarily for fast or heavy traffic.

(2)

Collector streets: Those which carry traffic from minor streets to the major system of arterial streets and highways.

(3)

Minor streets: Those which are used primarily for access to abutting property.

Structural alterations: Any change in the supporting members of a building such as bearing walls, partitions, columns, beams or girders, excepting such alterations as may be required for the safety of the building.

Structure: Anything constructed or erected, the use of which requires permanent location on the ground, or attached to something having a permanent location on the ground.

Subdivision: A division of land so divided, which creates one or more parcels containing less than 20 acres, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased or otherwise conveyed, and shall include any resubdivision, and shall further include any condominium or area, regardless of its size, which provides or will provide multiple space for recreational camping vehicles or mobile homes. A subdivision shall comprise only those parcels less than 20 acres which have been segregated from the original tract, and the plat thereof shall show all such parcels, whether contiguous or not; provided, however, condominiums constructed on land divided in compliance with the Montana Subdivision and Platting Act are exempt from the provisions of the act.

Tower farm: Any tract or tracts of land upon which there exists more than one antenna support structure that is located within 100 linear feet of another antenna support structure.

Townhouse development: A multiple-unit (two or more) residential structure with each unit under independent ownership, and where the owner of each unit also owns the parcel of land upon which the unit is situated and may own the front and/or rear yard adjoining the unit, and the owner of an end unit may own the side yard adjoining such unit.

Tract: A plot, piece or parcel of land, other than a lot, which is recorded in the office of the clerk and recorder of the county.

Use: The specific purpose for which land or a building is used.

Variance: A relaxation of the terms of this chapter granted by the board of adjustment where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, the literal enforcement of this chapter would result in unnecessary and undue hardship.

Wireless communication facility: An unstaffed facility for the transmission and/or reception of radio frequency (RF), microwave or other signals for commercial communications purposes, typically consisting of an equipment enclosure, an antenna support structure and one or more antennas. Amateur radio, land mobile radio, and commercial radio and television facilities are excluded from this definition.

Yard: A space on the same lot with the principal building or structure, open, unoccupied and unobstructed by buildings or structures from the ground upward except as expressly allowed by this chapter. These regulations refer to the following yards:

(1)

Yard, front: A yard extending across the full width of the lot from the side lot lines, the depth of which is the least distance between the front lot line and the front building line.

(2)

Yard, rear: A yard extending across the full width of the lot from the side lot lines, the depth of which is the least distance between the rear lot line and the rear of the principal building.

(3)

Yard, side: A yard extending from the rear line of the required front yard to the rear lot line, the depth of which is the least distance from the side lot line.

(4)

Yard, required: A front, rear, or side yard of a minimum distance within which structures may not be located except as expressly allowed by this chapter.

Zoning commission: The body appointed by the city council pursuant to state law, recommending zoning boundaries, appropriate regulations and changes thereto.

Zoning district map: The map showing the zoning districts of the city officially adopted by the city council.

(Ord. No. 1306, § 1(Exh. A) 11-9-16; Ord. No. 1317, § 3, 1-9-18; Ord. No. 1387, § 1, 1-14-25)