A detached structure subordinate to the principal use or building on a lot and customarily incidental thereto.

A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

A public or private right-of-way which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

A building or part of a building consisting of a room or suite of rooms intended, designed, or used as a residence by one family.

A type of housing and limited care that is designed for senior citizens or those with physical or mental disabilities who need some assistance with daily activities but do not require full-time care in a nursing home.

A building or part thereof, other than a hotel or motel, where for compensation and/or by prearrangement for definite periods of time, meals or lodging and meals are provided for three or more persons, but not exceeding 20 persons.

An area set aside as a nonbuildable area, but which may include landscaping, berms, walls, fences or any combination thereof that partially blocks, in a continuous manner, the view from one area to another, which shall not be penetrated by vehicular access.

Any structure having a roof supported by columns or by walls and normally intended for permanent use (such as a shelter, house, barn, carport, etc.).

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, and steps.

The area of that part of the lot not included within the area or open spaces herein required.

The vertical distance measured from the average elevation of the proposed finished grade of the lot at the middle of the front of the building to the highest point of the coping of a flat roof, to the average height level between eaves and the ridge of gable, hip, and gambrel roofs, and to the deck line in the case of a mansard roof.

The line established by law beyond which a building shall not extend as determined by front, side, and rear yards as required herein.

A building in which is conducted the principal use of the lot on which it is situated. In a residential district, any dwelling shall be deemed to be a principal building on the lot on which it is situated.

An establishment where patients who are not lodged overnight, are admitted for examination and treatment by a group of physicians, chiropractors, or dentists, practicing medicine together.

Any place operated by a person, society, agency, corporation, or institution, or any group wherein are received for pay seven or more children under 17 years of age for group care, without transfer of custody, for more than four hours, but less than 24 consecutive hours.

Any place operated by any person who receives for pay three to six children under 17 years of age for group care, without transfer of custody, for more than four hours, but less than 24 consecutive hours.

For purposes of this ordinance, a "disability" is synonymous with "handicap," as defined by 42 U.S.C. § 3602(h).

Any section of the city in which the zoning regulations are uniform.

Any building or portion thereof which is designed for or used exclusively for residential purposes.

A detached building designed for or occupied exclusively by one family.

A building designed for or occupied exclusively by two families, living independently of each other.

A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein.

An enclosure of one or more rooms with separate bathrooms and kitchen facilities designed and constructed as a unit for permanent residential occupancy by one family.

A grant or conveyance by a property owner of the use of land for a specific purpose or purposes by the general public, a corporation, or a certain person or persons.

One or more persons who are related by blood, marriage, or adoption occupying a dwelling unit and living as a single housekeeping unit; or one or more persons [up to four persons] who are not all related by blood, marriage, or adoption, occupying a dwelling unit and who are living as a single housekeeping unit. A person or persons with disabilities will not be excluded from the definition of "family" if the person(s) occupying the dwelling unit otherwise meet this definition, regardless of whether the person(s) reside in a home established, maintained, or supported by a for-profit or not-for-profit entity.

Any building, structure or land used for the dispensing, sale, or offering for retail sale of any automobile fuels, lubricants, tires, batteries, accessories and supplies, including installation and minor services customarily incidental thereto; and facilities for washing, lubricating, or otherwise servicing motor vehicles but excluding painting and major repair.

The highest level of flooding that, on the average, is likely to occur once every 100 years (i.e. that has a one percent chance of occurring each year).

The sum of the gross horizontal areas of the several floors of the principle building but not including unfinished basements and open porches. All dimensions shall be measured between exterior faces of the walls.

The distance for which the front property line of the lot and the street right-of-way line are coincident.

All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is terminated, all of the property abutting on one side between an intersecting street and the terminus.

A building or portion thereof designed or used for the temporary storage of motor-driven vehicles, with or without the retail dispensing, sale, or offering for sale of motor fuels, lubricants, and tires, or indoor car washing, minor motor adjustment, and flat tire repair when such operations are incidental to the storage of motor driven vehicles.

An accessory building, portion of a main building or building attached hereto, used for the parking or storage of motor vehicles owned and used by the occupants of the main building. A carport is considered to be a private garage. Prefabricated metal carports are not permitted.

The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

A dwelling for five or more persons with disabilities (as the term 'disabilities' is defined by the Fair Housing Act or the Americans with Disabilities Act) who live as a single housekeeping unit and who receive personal care or other support or supervision.

Any occupation or activity carried on by a member of the family residing on the premises in which there is no group instruction, assembly, or activity; and no sign is used other than a name plate not more than two feet square in area, or on display that will indicate from the exterior that the building is being used in part for any purpose other than a dwelling; and no person other than a member of the immediate family residing on the premises is employed. The pursuit of such shall not include any occupation requiring more than 20 percent of the total floor space of the dwelling and accessory structure; does not alter the exterior appearance or roofline of the dwelling; and does not violate the provisions established in this ordinance concerning area, yard and height requirements for each of the residential zoning classifications. Home occupations include occupations and activities which are generally defined as service-oriented where retail activity is incidental. No activity which is exclusively retail is allowed, unless all retail activity is conducted online. No activity which is permitted in the C-2, C-3, I-1 or I-2 zoning district is allowed. All home occupations or activity associated with a home occupation shall have all necessary and proper licenses and/or permits as may be required by law. Nothing in this definition is intended to prohibit any hobby activity done solely for enjoyment and not for any economic gain or purpose.

A building or portion thereof designed or used for the diagnosis, therapeutic treatment, or other care of ailments of patients who are physically or mentally ill.

A building in which lodging or boarding and lodging are provided for more than 20 persons and offered to the public for compensation and which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times. As such, it is open to the public in contrast to a boarding house, rooming house, or an apartment, which are herein separately defined.

A building or group of buildings designed or used for the non-profit, charitable, or public service purposes of providing board, lodging, and health care for person aged, indigent, or infirm; or a building or group of buildings for the purpose of performing educational or religious services and offering board and lodging to persons enrolled for training.

A lot, land, or structure, or part thereof where waste or discarded or salvaged materials, are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, handled and including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for use of salvaged house wrecking structural steel materials and equipment, but excluding such uses when conducted entirely within a completely enclosed building and excluding pawn shops and establishments for the sale, purchase, or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment, and the processing of used, discarded, or salvaged materials as part of manufacturing operations.

Any location or structure where raising, grooming, caring for, or boarding of dogs, cats, or small animals is carried on for commercial purposes.

A space within the main building or on the same lot, providing for the standing, loading or unloading of trucks.

A parcel of land occupied or to be occupied by one principal building and accessory buildings thereto or a building group and accessory buildings thereto with such open space and parking spaces as are required by the provisions of this ordinance, and having frontage upon a street as defined herein.

A lot abutting on two or more streets at their intersection, where the interior angle of the intersection does not exceed 135 degrees.

A mean horizontal distance between the front and rear lot lines.

A lot having a frontage on two streets as distinguished from a corner lot. Each street frontage shall be considered as a front yard.

A lot other than a corner lot.

The property lines bounding the lot.

A lot which is part of a subdivision, the map of which has been recorded in the records of the chancery clerk of the county, or a parcel of land, the deed of which was recorded in the records of the chancery clerk of the county prior to the adoption of this ordinance.

The mean horizontal distance across the lot measured at right angles to the depth.

These are homes built entirely in a factory under a federal building code administered by the U.S. Department of Housing and Urban Development (HUD). The Federal Manufactured Home Construction and Safety Standards (commonly known as the HUD Code) went into effect June 15, 1976. Manufactured homes may be single or multi-section and are transported to a site and installed.

This is the term used for factory-built homes produced prior to June 15, 1976. Mobile homes are not allowed in the city. (See manufactured housing).

A parcel or tract of land which has been planned and improved for the placement of two or more manufactured housing units for dwelling purposes.

That part of an individual manufactured home space which has been reserved for the placement of the manufactured housing unit and additions and attachments thereto.

A modular unit is a factory fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure on a permanent foundation to be used for residential, commercial, educational, or industrial purposes.

A building or group of buildings containing individual sleeping or living units designed for the temporary occupancy of transient guests and in which ingress to and egress from each sleeping room is generally to the outside of the building, including hotels, tourist courts, motor lodges, motor hotels or auto courts, but not including houses, rooming houses, or apartment buildings.

A lawful condition of a structure or land, at the time of adoption of this ordinance, which does not conform to the regulations of the district in which it is situated. This may include, but is not limited to failure to conform to use, height, area, coverage or off-street parking requirements.

A use of a building or land existing at the time of the enactment of this ordinance, or at the time of a zoning amendment, and which does not conform with the regulations of the use district in which it is located.

A health facility where persons are housed and furnished with medical and/or nursing care for short or long stays.

An open area which is used for the temporary parking of motor vehicles, but is not a required off-street parking facility.

A usable, impervious and hard surfaced area enclosed in a main building or in an accessory building or unenclosed, having an area of not less than 400 square feet inclusive of driveways, walkways, ingress and egress, permanently reserved for the temporary movement and storage of one motor vehicle and connected with a street or alley by impervious, hard surfaced driveway which affords ingress and egress for motor vehicles.

The official planning and zoning body of the city, so designed by the mayor and board of aldermen.

The planned unit development (PUD) is a special overlay that provides an alternate approach to conventional land use controls. As a type of development and as a regulatory process, the PUD offers increased design flexibility for a large site and is subject to special review procedures.

The primary purpose or function that a lot or structure serves or is intended to serve.

A retail establishment offering food or beverages, or both, for consumption on the premises.

An eating and drinking establishment where food is generally served by employees or by self-service and generally consumed on the premises inside or outside the building or off the premises.

A building other than a hotel or motel where lodging for three but not more than 20 persons is provided for definite periods for compensation pursuant to previous arrangement.

The distance between a street right-of-way and the front building line, projected to the side lines of the lot and including driveways and parking areas, except where otherwise restricted by this ordinance.

A business which provides various forms of entertainment related to sexual activities.

a.

Arcade. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or similar machines for viewing by five or fewer persons are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

b.

Bookstore (sexually oriented). An establishment which has a substantial portion of its stock-in-trade and offers for sale for any form of consideration, any one or more of the following:

i.

Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

ii.

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

c.

Cabaret (sexually oriented). A nightclub, bar, restaurant, theater, or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

d.

Entertainment establishment (sexually oriented). An arcade, books store, cabaret, motel, motion picture theater, or similar establishment which regularly features or depicts behavior which is characterized by the exposure of "specified anatomical areas" or where any employee, operator or owner exposes his/her "specified anatomical area" for viewing by patrons.

e.

Motel (sexually oriented). A motel or similar establishment which includes the word "adult" in any name it uses or otherwise advertises the presentation of "adult" or "sexually oriented" material, offering public accommodations for any form of consideration, which provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

f.

Motion picture theater (sexually oriented). An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of "specified sexual activities or "specified anatomical areas."

Shopping centers may be described, generally as follows:

A.

Neighborhood center is one which provides for the sale of convenience goods, those that meet day-to-day needs, such as food, hardware, drugs, and personal services. The supermarket is the principal outlet in the neighborhood center. The site ranges between four acres and ten acres in area.

B.

Community center is one that, in addition to those for convenience goods, provides outlets for a limited range of comparison shopping items, including those for apparel, furniture and other shopping goods, and more extensive personal service facilities, which may include banking, recreational, and professional services. The junior department store is the principal tenant. The site area generally ranges between ten acres and 30 acres.

C.

Regional center is one with outlets that provide a variety and depth of shopping goods comparable to those found in the central business district. Here are found general merchandise, apparel, home furnishings and a variety of services which may include recreational facilities. To qualify as a regional center there must be at least one major department store having not less than 100 square feet of gross leasable area. 30 acres or more are required for the site.

Any surface, fabric, or device bearing lettered, pictorial, or sculptured matter designed to convey information visually and exposed to public view, or any structures including billboard or poster panel designed to carry visual information.

The area within a continuous perimeter, enclosing the limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed, provided however, any open space contained within the outer limits of the display face of sign or between any component, panel, strip, or figure of any kind composing the display face shall be included in the computation of the border. For projecting or double-faced signs, only one display face shall be measured in computing sign area where the sign faces are parallel or where the interior angle formed by the faces is 60 degrees or less. If the two faces of a double-faced sign are of unequal area, the area of the sign shall be taken as the area of the larger face.

A sign which directs attention to a business, product, service, or activity generally conducted, sold, or offered elsewhere than on the premises where such sign is located.

A sign, the illumination of which is not kept constant in intensity at all times when in use, and which exhibits sudden or marked changes in lighting effects. Illuminated signs which indicate the time, temperature, date, or other public service information which does not change in intensity shall not be considered flashing signs.

A sign used to identify only the name of the individual, family, organization, or enterprise occupying the premises, the profession of the occupant, and the name of the building on which the sign is displayed.

A sign mounted upon a base designed for mobility.

Those areas and acts specified in MCA 1972, § 97-5-27.

That portion of building, other than a basement, above ground level between a floor and the ceiling or roof next above. A mezzanine shall be considered a story if it exceeds one-third of the area of the floor immediately below. A penthouse shall be considered a story if it exceeds one-third of the area of the roof.

A public or dedicated right-of-way which fronts the principle abutting properties.

Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards, and advertising signs.

Any change in the physical structure of a building or structure.

Any repair, reconstruction, or improvement of structure, the cost of which equals or exceeds 50 percent of the actual cash value of the structure, either (a) before the improvement is started; or (b) if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences.

Relief from the terms of this ordinance which the mayor and board of aldermen may grant if it finds that undue hardship is placed upon a property owner by the literal interpretations of this ordinance.

A space on the same lot with a principal building; such space being open, unoccupied, and unobstructed by buildings or structures from the ground upwards, except where encroachments and accessory buildings are explicitly permitted.

A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the setback line.

A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and building line.

A yard extending along a side lot line and back to a line drawn parallel to the side lot line at a distance therefrom equal to the width of the required minimum side yard, but excluding any area encompassed within a front yard or rear yard.