- DEFINITIONS
This article provides definitions for terms used in these regulations. Any dispute about the meaning of a term shall be resolved using the appeals procedure of 6.03.320.
Terms include both singular and plural forms; i.e., building includes buildings, and their derivatives; i.e., adjacent includes adjoining. The administrator is responsible for interpreting these regulations: See sections 6.01.300 and 6.01.310.
Certain sections of these regulations, including the performance standards for wireless communication facilities, and the RVZD zoning district, have definitions unique to those sections. Those definitions are intended to supplement the definitions in this chapter.
Access, emergency, legal and physical.
1.
Emergency access means an ingress and egress route with adequate legal and physical access as well as ongoing maintenance necessary to support emergency service providers and other vehicles during an emergency situation.
2.
Legal access means each lot abuts a public (city, county, state or federal) street or road, or the developer has obtained adequate and appropriate easements across all necessary properties, from a public road to each lot, whether or not a road has been constructed on that property, and has or proposes to dedicate the easement for public use to the development.
3.
Physical access means a street, road or alley conforming to the adopted design standards provides vehicular access from a public street or road to each lot in a development.
Accessory. Accessory uses and buildings are those customarily associated with and clearly subordinate to a permitted or special permit building or use. Common accessory uses (a parking lot associated with a business or a personal garden associated with a home, for example) and buildings (a detached garage in a residential area, for example) raise few questions, but this definition specifically addresses five specific accessory uses.
1.
A single dwelling unit occupied by the owner, a manager, or a guard is a customary accessory use on all commercial and industrial premises.
2.
An accessory apartment (an attached single, functionally separate dwelling unit) is a customary accessory use in all single-family dwellings unless a detached accessory dwelling unit is also located on the same lot.
3.
A detached accessory dwelling unit (a single, functional dwelling unit physically separated from the primary dwelling unit on a lot), including an apartment above a detached garage, is considered an accessory residential use in in some zoning districts in compliance with the district regulations (article 2) and performance standards (article 4).
4.
Family and group day-care homes serving up to 15 children as defined by MCA 52-2-70 shall be customary accessory uses in all single-family dwellings, as provided by MCA 76-2-412. Day care shall also be considered customarily accessory to any commercial or industrial use that provides on-site day care for its employees. Day care centers in commercial or industrial zoning districts are commercial or industrial uses, subject to all applicable performance standards.
5.
Certain other accessory uses and buildings are addressed in specific zoning districts. Home occupations are separately addressed: see section 6.04.440
Adjacent. Adjacent includes all lots or parcels that directly border the lot or parcel on which a development is proposed, and all lots or parcels directly across from that lot or parcel separated only by a public or private easement or right-of-way, including streets, railroads, and irrigation canals.
Administrator. The City of Polson planning official or designee or a contractor, who is responsible for the administration of these regulations. (See sections 6.01.310 and 6.01.320)
Affordable housing. Housing where the occupant is paying no more than 30 percent of the median income for the county for gross housing costs including utility costs, rent or mortgage, taxes and insurance.
Agriculture. The use of land for growing, raising, or marketing of plants or animals to produce food, feed, and fiber commodities. Examples of agricultural activities include cultivation and tillage of soil; dairying; growing, and harvesting of agricultural or horticultural commodities; and the raising or tending of animals for commercial sale or use. Agriculture does not include gardening for personal use, keeping of house pets, or landscaping for aesthetic purposes. Agricultural land includes land currently used for agriculture or having a soil type defined by the Natural Resource Conservation Service as having agricultural importance.
Agricultural water users facilities. Those facilities which provide water for agricultural land or which provide water for the production of agricultural product and include, but are not limited to, ditches, pipes, canals, and other water conveying facilities.
Arterial street. See street.
Attached. Two parts of a structure are attached when they are connected via a shared wall or floor/ceiling connection. The shared wall touches the interiors of both parts of the structure, not an external wall that only ties two buildings together.
Average daily traffic (ADT). The average number of vehicles crossing a specific point on a roadway during a 24-hour period on the average working day. The projected or estimated ADT for a subdivision or other development shall be based on the most representative land use(s) described in the manual entitled "Trip Generation" (latest edition) published by the Institute of Transportation Engineers, or a similar source.
Bed and breakfast. A private, owner-occupied residence that is used as a private residence but in which:
1.
Breakfast is served and is included in the charge for a guest room; and
2.
The number of daily guests served does not exceed 18.
BOA. Acronym for the City of Polson Board of Adjustment, as authorized by MCA 76-2-321. The BOA is an appointed body that hears variances, and appeals from decisions of the administrator and board.
Board. The Polson City-County Planning Board, appointed as authorized by MCA 76-1-101 et seq.
BOCC. Acronym for the Lake County Board of County Commissioners, the county's chief elected officials.
Boulevard. A multi-lane road or street that has each unidirectional travel lane separated by a landscaped median.
Buffer. Two different kinds of buffers are required by these regulations. Section 6.04.030 requires a shoreline buffer, which is a structural setback designed to protect water quality and the natural characteristics of the land/water interface where only limited development and vegetation disturbance is allowed to occur. Section 6.04.410 requires landscaped buffers in some instances.
Building. As used in these regulations, refers to any structure intended for supporting any occupancy.
Building height. The vertical distance from the average level of the highest and lowest point of the ground adjacent to the building foundation to the topmost point on the roof. The highest point does not include typical extensions above a roofline such as chimneys, vents and antennae.
Catastrophic event. A natural or manmade incident which results in extraordinary levels of damage or disruption. This includes, but is not limited to, fire, explosion, flood, tornado, riot, act of public enemy or accident of any kind which destroys 50 percent or more of a structure.
Certificate of compliance (occupancy). A certificate of compliance or occupancy is issued upon the completion of a use or building and any accompanying improvements required by these regulations: See section 6.03.600.
CC. Acronym for the Polson City Commission, the elected governing body of the City of Polson.
Clear vision triangle. A triangular area on a lot or parcel in which objects that would block the vision of drivers at an intersection or driveway are prohibited
Cluster development. A subdivision with lots clustered in a group of five or more that is designed to concentrate building sites on smaller lots in order to reduce capital and maintenance costs for infrastructure through the use of concentrated public services and utilities, while allowing other lands to remain undeveloped.
Collector street. See street.
Commercial. Enterprises involving wholesale trade, retail trade, professional services and personal services.
Community garden. A plot of land that is gardened by a group of people to produce fruits, vegetables and/or flowers. This is distinct from an individual garden on a residential parcel. A community garden may be owned by a single person/entity or a group of people and may include composting for use on site and sales of products grown on site. A community garden does not include resident animals.
Community residential facility.
1.
A community group home for developmentally, mentally, or severely disabled persons that does not provide skilled or intermediate nursing care;
2.
A youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program, or youth group home as defined in MCA 52-2-602;
3.
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;
4.
A licensed adult foster family care home; or
5.
An assisted living facility licensed under MCA 50-5-227. (MCA 76-2-411).
Complete (application). An application is complete if it contains all of the applicable information required on the permit form and in these regulations.
Condominium. The ownership of single units with common elements located on property submitted to the provisions of the Unit Ownership Act (MCA 70-23-101, et seq.). This term does not include a townhome or townhouse.
Day care. As defined by MCA 52-2-703(4), 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 24 hours, whether that care is for daytime or nighttime hours. Montana law defines three kinds of day care facilities.
1.
A family day care home is a private residence in which day care is provided to three to eight children on a regular basis. Montana law (MCA 76-2-412(4)) requires that family day care homes be permitted in all residential zoning districts.
2.
A group day care home is a private residence in which day care is provided to nine to 15 children on a regular basis.
3.
A day care center is an out-of-home place in which day care is provided to 16 or more children on a regular or irregular basis.
Family and group day care homes are not home occupations, but a residential use of property, as provided in MCA 76-2-412.
Dedication. The deliberate appropriation of land by an owner for any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted.
Density. The average number of residential, commercial or industrial units per acre.
Destroy. An act which permanently impairs or makes unusable the object of the act. A building is considered destroyed when 50 percent or more of the physical structure is damaged by fire, explosion, flood, tornado, riot, act of the public enemy or accident of any kind.
Development. Development is used as a generic term covering any and all activities for which a permit is required by these regulations. The developer is, by definition, the owner of the parcel on which a development is proposed, but owners may appoint a representative for all proceedings by these regulations. A subdivider who is different from the owner may also be considered the developer.
Digital assets. Cryptocurrencies, natively electronic assets, including stable coins and nonfungible tokens, and other digital-only assets that confer economic, proprietary, or access rights or powers. Digital assets are considered personal property.
Digital asset mining business. A group of computers working at a single site that consume more than 1 megawatt of energy on an average annual basis for the purpose of generating digital assets by securing a blockchain network. A digital asset mining business is an industrial use.
Driveway, single use and shared.
1.
Single use. A private vehicular access, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel it accesses.
2.
Shared. A vehicular access that serves up to two separate parcels.
Duplex. A structure containing two separate dwelling units, each of which has direct access to the outside. Also referred to as a two-family dwelling.
Dwelling unit. A single living space providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Facade. That portion of a building fronting on and visible from a public street.
Finding of fact. A written conclusion or determination, based on evidence, made in support of a decision.
Flood of 100 year frequency. A flood magnitude expected to recur on the average of once every 100 years or a flood magnitude that has a one percent chance of occurring in any given year.
Fowl. Chickens, turkeys, ducks, guinea fowl, pigeons, and pheasants.
Frontage. The frontage of a lot or parcel is the distance, measured in lineal feet, along any property line/s that directly abuts a public street.
Governing body. The Polson City Commission.
Growth policy. The Polson Growth Policy.
Hazardous materials. Includes all substances subject to regulation by the Emergency Planning and Community Right-To-Know Act.
Home digital asset mining. Mining digital assets in areas zoned for residential use that consume less than one megawatt of energy on an average annual basis for the purpose of generating digital assets by securing a blockchain network. Home digital asset mining is allowed as an accessory to residential use, except as related to noise performance standards.
Home occupation. A commercial or light industrial activity conducted in a dwelling or a building accessory to a dwelling. See section 6.04.440.
Hospital complex. One or more buildings, one of which must be a hospital (defined as an institution to provide medical and surgical care to the sick or injured, including operating room facilities and beds for overnight stay). May also include a cafeteria or restaurant, medically related heliports, nursing homes, extended care clinics, physical therapy and employee exercise facilities, shops for medical equipment and supplies, books, magazines, gifts and similar items.
Hotel/motel. A building or a group of buildings containing five or more individual sleeping rooms or suites, each having a private bathroom attached thereto, for the purpose of providing overnight lodging facilities to the general public for compensation with or without meals, and usually providing on site recreation services, housekeeping, bellhop, laundry and related services. Where appropriately zoned, restaurant, bar, personal and retail services and entertainment may also be available.
Immediate family. A spouse, children by blood or adoption, and parents.
Impervious surface. Any hard surfaced, manmade area that does not readily absorb or retain water including but not limited to roofs, parking and driveway areas, graveled areas and sidewalks. Surfaces like gravel driveways and pervious pavers may be assessed for lot coverage based on relative impervious factor guidance provided by MDEQ or other credible source.
Industrial. Relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, repair, dismantling, recycling, processing, storage, distribution and handling of goods and the materials from which they are produced. Industrial activity may result in noise, light, smoke, dust, glare, vibration and similar effects outside of a building.
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.
Large-scale development. A large-scale development is a project that will contain 100 or more residential lots or units, or is projected to generate 1,000 or more ADT: See section 6.04.300.
Light industrial. A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products. May also include research and development activities. Light industrial activities can generally control the external effects of the manufacturing process such as noise, light and smoke.
Livestock. Cattle, calves, horses, mules, sheep, lambs, and goats.
Local services. All services provided by local governmental bodies and agencies for the benefit of citizens. These services include, but are not limited to, law enforcement, fire protection, water supply, recreation, transportation systems, parks, libraries, schools, electrical and telephone utilities and the collection and disposal of wastewater and solid waste.
Local street. See street.
Lot. Lot is used as both as a generic term for a development site, and to refer to any parcel of land created and described by a record of survey or plat.
Lot coverage. Lot coverage is the percent of a lot or parcel that is covered by rooftops (including eaves and soffits), paving, and other surfaces that prevent direct infiltration of precipitation or runoff into the soil. Surfaces like gravel driveways and permeable pavers may be assessed for lot coverage based on relative imperviousness factor guidance provided by MDEQ or other credible sources. Slotted decks are not considered lot coverage where the ground under the deck is pervious.
Manufactured home. A residential dwelling unit built in a factory in accordance with the United States department of housing and urban development and the federal manufactured home construction and safety standards, MCA 15-1-101. A manufactured home does not include a mobile home, trailer, housetrailer or trailer coach; or mobile home or housetrailer constructed before the federal manufactured home construction and safety standards went into effect on June 15, 1976. See definition for single-family home, below.
Marina. A dock facility from which services are provided, such as, but not limited to, moorage sales or rental, marine sales and services, sales of fuel and other goods and sewage disposal. A distinction is made between marinas and common use docks. Marinas provide services to the general public and meet the needs of many lake users and common use docks only meet the needs of a homeowners association of limited size.
Material (as in a material change to an application or plat). Significant, substantially altering the proposal or having an impact on any of the primary review criteria, bringing the proposal out of conformance with the applicable growth policy, zoning or subdivision regulations, or impacting the public's opportunity to provide meaningful comment.
MCA. Acronym for Montana Code Annotated. The state laws of Montana.
MDEQ. Acronym for Montana Department of Environmental Quality.
Medical offices. Those uses concerned with the diagnosis, treatment, and care of human beings. Such uses include, but are not limited, to doctor and dental services, clinics, out-patient surgery centers, imaging centers, physical therapy and psychiatric counseling. Medical offices also include medically related professional offices such as social services and medical administration.
Medical support services. Uses and facilities including, but not limited to, medical equipment storage and supply, pharmacies, and other facilities commonly associated with medical institutions.
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. Other utility installations are industrial uses.
Minimize. For the purposes of these regulations, "to minimize" means to demonstrate that no alternative plan for the proposed development will result in a smaller impact.
Mitigate. To eliminate or make the reasonably expected impacts of a land use less severe.
Mobile home. Any structure manufactured in compliance with the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. 5401, et seq., as amended) that is transportable in one or more sections, and which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. Mobile homes are not single-family dwellings: see definition below.
Mobile home park. Any lot or parcel used for occupancy by mobile homes that are not placed on permanent foundations. Mobile home parks are subdivisions.
Motor home. A motor vehicle:
1.
Designed to provide temporary living quarters, built as an integral part of or permanently attached to a self-propelled motor vehicle chassis or van;
2.
Containing permanently installed independent life support systems that meet the ANSI/A119.2 standard; and provides at least four of the following types of facilities:
a.
Cooking, refrigeration or icebox;
b.
Self-contained toilet;
c.
Heating or air-conditioning or both;
d.
Potable water supply, including a faucet and sink; or
e.
Separate 110-volt or 125-volt electrical power supply or a liquefied petroleum gas supply or both.
Multi-modal transportation. Various modes of transportation: walking, cycling, automobile, public transit, etc.
Multiple-family dwelling. A building designed for permanent occupancy by more than two families or households, which may include apartment or townhouse or condominium building(s).
MSPA. Acronym for Montana Subdivision and Platting Act, MCA title 76, chapter 3.
Natural environment. The physical conditions which exist within a given area, including land, air, surface and groundwater, geology, soils, flora and fauna, and objects of historic, prehistoric, or aesthetic significance.
Nonconforming. A nonconforming use or building complied with the regulations that existed at the time of its development, but would not comply with these regulations, if submitted for approval after their effective date. The degree of nonconformity is the measured extent to which an existing building or use fails to comply with the standards of this chapter. For example, the degree of nonconformity of a parking lot that has four spaces, but serves a use requiring nine, is five parking spaces. No change in the nonconforming use or building could be permitted that would reduce the number of parking spaces, because that would increase the degree of nonconformity.
Occupancy. The use of a building or lot. A minor change in occupancy is a change to any occupancy that has identical 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.
Open space. Land that is essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment, or for the enjoyment of owners and occupants of land adjoining or neighboring such open space. This includes land that is intended to be preserved due to significant natural resources, wildlife habitat, viewsheds, irrigated or prime agricultural land and other similar features. This does not include land used for mineral extraction.
Outdoor storage. Keeping, stockpiling, or storing materials for any reason (it need not be for commercial use), including the long term storage of construction materials and inoperative machinery or vehicles, that is not enclosed in a building and is visible from a public street.
Park and recreation area, public and private.
1.
Private park and recreation area means a tract of land and improvements presently owned or controlled and used by private entities or groups for active and/or passive recreational purposes.
2.
Public park and recreation area means a natural or landscaped area that may include buildings, pathways or structures, provided by or dedicated to a unit of government, to meet the active or passive recreational needs of the people.
Person. Any individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.
Phased development. A subdivision application and preliminary plat that at the time of submission consists of independently platted development phases that are scheduled for review on a schedule proposed by the subdivider.
Planned unit development. A land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks that compose a planned mixture of land uses built in a prearranged relationship to each other and having open space and community facilities in common ownership or use (MCA 76-3-103(10)).
Plat. A graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications.
Public health and safety. A condition of optimal well-being, free from danger, risk or injury for a community at large, not merely for a specific individual or a small group of persons.
Recreational vehicle. A recreational vehicle is a park model, motor home, travel trailer, truck camper, fifth wheel or camping trailer, with or without motorized power, designed for temporary recreational or emergency occupancy. Recreational vehicles are not mobile homes.
Recreational vehicle park. Any lot or parcel used for temporary occupancy by recreational vehicles. Recreational vehicle parks are reviewed as subdivisions.
Setback. The setback is the shortest distance between the property line and the outer wall, at grade, or any above grade extension that projects more than three feet from the outer wall at grade, of any building. The space within that distance is called a required setback.
1.
The front setback is measured from the lot line paralleling the street on which the building is addressed to any building. Except where one of the bordering streets is an arterial or collector, corner lots shall treat the yard on the street on which the structure is addressed as "front". The yard on an arterial or collector shall, however, be the front yard, regardless of whether the structure is addressed on that street.
2.
The rear setback is measured from the rear lot line to the any building. The rear lot line is parallel, or more or less parallel, to the street. Corner lots have two rear yards, but may treat either as a side yard for the purposes of these regulations.
3.
The side setback is measured from the side lot line to any building.
Sewerage. Refers to the entire system (mains, treatment plant, etc.) used to treat sewage wastes.
Short court. A private road serving three to eight dwelling units, with the following characteristics: road rights-of-way of 40-foot width and with road lengths of 200 feet or less; concrete curbs and gutters; no sidewalks; and with plans for snow removal.
Sign. Any device, structure, fixture, enclosure, or placard using graphics, symbols, lighting, and/or written copy designed specifically for the purpose of advertising, identifying, or attracting attention to any establishment, product, goods, or services. This includes any/all portions of the sign structure not required for maintaining the structural integrity or not part of an architectural embellishment of a building. Specific types of signs are defined in the sign ordinance as found in the appendix to the Polson Development Code.
Single-family dwelling. A detached building designed for occupancy by one family or household. Also includes community residential facilities, as required by MCA 76-2-401 et seq. Also includes manufactured homes. Recreational vehicles, mobile homes and travel trailers are not single family dwellings, and shall not be used as such.
Site plan. A graphic depiction of a development that accompanies a permit application and includes information necessary to determine compliance with these regulations.
Slope. The degree of deviation of a surface from horizontal measured from the natural grade. For the purposes of these regulations, slope is expressed in percent and may be averaged across a specific, limited area or physical feature such as a road or segment of road, a building site, a lot or an entire subdivision depending on the context in which the term is used.
Streets, arterial, collector and local.
1.
Arterial. A street or road having the primary function of moving traffic with emphasis on a high level of mobility for through movement and the secondary function of providing access to adjacent land. Arterials generally carry relatively large volumes of traffic. For the purposes of these regulations, Highway 93 and Highway 35 shall be considered arterials.
2.
Collector. A road or street having the equally important functions of moving traffic and providing access to adjacent land. Collector streets have two moving traffic lanes and up to two parking lanes.
3.
Local. A road or street having the primary function of serving abutting properties, and the secondary function of moving traffic. Local streets have two moving lanes of traffic, up to two parking lanes, and provide access to abutting properties.
Structure. Any object constructed or installed, including, but not limited to, buildings, towers, smokestacks, earth formations, liquid storage tanks, fences, and overhead transmission lines. For the purposes of the airport safety overlay district (Article 3), includes mobile structures, like cranes.
Subdivision, first minor, subsequent minor and major.
1.
Subdivision. As provided by MCA 76-3-103(16), "a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a U.S. government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any re-subdivision and a condominium. The term also means an area, regardless of its size, that provides or will provide multiple spaces for rent or lease on which recreational camping vehicles or mobile homes will be placed."
2.
First minor. A proposed minor subdivision from a tract of record that has not been subdivided or created by a subdivision under the Montana Subdivision and Platting Act or has not resulted from a tract of record that has had more than five lots created from that tract of record under MCA 76-3-201 or 76-3-207, since October 1, 2003.
3.
Subsequent minor. Any subdivision of five or fewer lots that is not a first minor subdivision.
4.
Major subdivision. A subdivision that creates six or more lots.
Sufficient (application). An application is sufficient if it contains an adequate level of detailed, supporting information to allow for thorough evaluation and review under these regulations.
Tiny Dwelling Unit. A residential dwelling unit that is 350 to 750 square feet, is on a permanent foundation, and is used as a single-family dwelling for at least 45 days or longer. See definition of manufactured home and single-family dwelling.
Townhouse or townhome. 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.
Travel trailer. A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use and not used as a principal residence. The size or weight of the unit is such that it can be licensed for standard highway travel and as not to require special highway movement permit(s). The unit is designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted about or forward of the tow vehicle's rear axle.
Use. Synonymous with occupancy. See definition of occupancy above.
Variance. A variance is a modification of the specification or performance standards of these regulations that provides a reasonable use of lot or parcel that cannot otherwise be developed in compliance with these regulations. Specific findings are required for the approval of a variance. See section 6.03.320.
Viewshed. A visually prominent area seen from a common public observation area(s). Visually prominent areas include skylines, ridgelines, bluffs, rock outcroppings, peaks and surface water. Common observation points include public roads, navigable waterways and public lands.
Wildlife. All birds, mammals, amphibians, reptiles and fish that are not domesticated or tamed.
Wildlife habitat. Land and water that provides food and shelter for wildlife.
Yard. A general term meaning that portion of a lot located between a structure and a lot line. The yard may include a required setback area.
(Ord. No. 2024-003, 1-6-25)
- DEFINITIONS
This article provides definitions for terms used in these regulations. Any dispute about the meaning of a term shall be resolved using the appeals procedure of 6.03.320.
Terms include both singular and plural forms; i.e., building includes buildings, and their derivatives; i.e., adjacent includes adjoining. The administrator is responsible for interpreting these regulations: See sections 6.01.300 and 6.01.310.
Certain sections of these regulations, including the performance standards for wireless communication facilities, and the RVZD zoning district, have definitions unique to those sections. Those definitions are intended to supplement the definitions in this chapter.
Access, emergency, legal and physical.
1.
Emergency access means an ingress and egress route with adequate legal and physical access as well as ongoing maintenance necessary to support emergency service providers and other vehicles during an emergency situation.
2.
Legal access means each lot abuts a public (city, county, state or federal) street or road, or the developer has obtained adequate and appropriate easements across all necessary properties, from a public road to each lot, whether or not a road has been constructed on that property, and has or proposes to dedicate the easement for public use to the development.
3.
Physical access means a street, road or alley conforming to the adopted design standards provides vehicular access from a public street or road to each lot in a development.
Accessory. Accessory uses and buildings are those customarily associated with and clearly subordinate to a permitted or special permit building or use. Common accessory uses (a parking lot associated with a business or a personal garden associated with a home, for example) and buildings (a detached garage in a residential area, for example) raise few questions, but this definition specifically addresses five specific accessory uses.
1.
A single dwelling unit occupied by the owner, a manager, or a guard is a customary accessory use on all commercial and industrial premises.
2.
An accessory apartment (an attached single, functionally separate dwelling unit) is a customary accessory use in all single-family dwellings unless a detached accessory dwelling unit is also located on the same lot.
3.
A detached accessory dwelling unit (a single, functional dwelling unit physically separated from the primary dwelling unit on a lot), including an apartment above a detached garage, is considered an accessory residential use in in some zoning districts in compliance with the district regulations (article 2) and performance standards (article 4).
4.
Family and group day-care homes serving up to 15 children as defined by MCA 52-2-70 shall be customary accessory uses in all single-family dwellings, as provided by MCA 76-2-412. Day care shall also be considered customarily accessory to any commercial or industrial use that provides on-site day care for its employees. Day care centers in commercial or industrial zoning districts are commercial or industrial uses, subject to all applicable performance standards.
5.
Certain other accessory uses and buildings are addressed in specific zoning districts. Home occupations are separately addressed: see section 6.04.440
Adjacent. Adjacent includes all lots or parcels that directly border the lot or parcel on which a development is proposed, and all lots or parcels directly across from that lot or parcel separated only by a public or private easement or right-of-way, including streets, railroads, and irrigation canals.
Administrator. The City of Polson planning official or designee or a contractor, who is responsible for the administration of these regulations. (See sections 6.01.310 and 6.01.320)
Affordable housing. Housing where the occupant is paying no more than 30 percent of the median income for the county for gross housing costs including utility costs, rent or mortgage, taxes and insurance.
Agriculture. The use of land for growing, raising, or marketing of plants or animals to produce food, feed, and fiber commodities. Examples of agricultural activities include cultivation and tillage of soil; dairying; growing, and harvesting of agricultural or horticultural commodities; and the raising or tending of animals for commercial sale or use. Agriculture does not include gardening for personal use, keeping of house pets, or landscaping for aesthetic purposes. Agricultural land includes land currently used for agriculture or having a soil type defined by the Natural Resource Conservation Service as having agricultural importance.
Agricultural water users facilities. Those facilities which provide water for agricultural land or which provide water for the production of agricultural product and include, but are not limited to, ditches, pipes, canals, and other water conveying facilities.
Arterial street. See street.
Attached. Two parts of a structure are attached when they are connected via a shared wall or floor/ceiling connection. The shared wall touches the interiors of both parts of the structure, not an external wall that only ties two buildings together.
Average daily traffic (ADT). The average number of vehicles crossing a specific point on a roadway during a 24-hour period on the average working day. The projected or estimated ADT for a subdivision or other development shall be based on the most representative land use(s) described in the manual entitled "Trip Generation" (latest edition) published by the Institute of Transportation Engineers, or a similar source.
Bed and breakfast. A private, owner-occupied residence that is used as a private residence but in which:
1.
Breakfast is served and is included in the charge for a guest room; and
2.
The number of daily guests served does not exceed 18.
BOA. Acronym for the City of Polson Board of Adjustment, as authorized by MCA 76-2-321. The BOA is an appointed body that hears variances, and appeals from decisions of the administrator and board.
Board. The Polson City-County Planning Board, appointed as authorized by MCA 76-1-101 et seq.
BOCC. Acronym for the Lake County Board of County Commissioners, the county's chief elected officials.
Boulevard. A multi-lane road or street that has each unidirectional travel lane separated by a landscaped median.
Buffer. Two different kinds of buffers are required by these regulations. Section 6.04.030 requires a shoreline buffer, which is a structural setback designed to protect water quality and the natural characteristics of the land/water interface where only limited development and vegetation disturbance is allowed to occur. Section 6.04.410 requires landscaped buffers in some instances.
Building. As used in these regulations, refers to any structure intended for supporting any occupancy.
Building height. The vertical distance from the average level of the highest and lowest point of the ground adjacent to the building foundation to the topmost point on the roof. The highest point does not include typical extensions above a roofline such as chimneys, vents and antennae.
Catastrophic event. A natural or manmade incident which results in extraordinary levels of damage or disruption. This includes, but is not limited to, fire, explosion, flood, tornado, riot, act of public enemy or accident of any kind which destroys 50 percent or more of a structure.
Certificate of compliance (occupancy). A certificate of compliance or occupancy is issued upon the completion of a use or building and any accompanying improvements required by these regulations: See section 6.03.600.
CC. Acronym for the Polson City Commission, the elected governing body of the City of Polson.
Clear vision triangle. A triangular area on a lot or parcel in which objects that would block the vision of drivers at an intersection or driveway are prohibited
Cluster development. A subdivision with lots clustered in a group of five or more that is designed to concentrate building sites on smaller lots in order to reduce capital and maintenance costs for infrastructure through the use of concentrated public services and utilities, while allowing other lands to remain undeveloped.
Collector street. See street.
Commercial. Enterprises involving wholesale trade, retail trade, professional services and personal services.
Community garden. A plot of land that is gardened by a group of people to produce fruits, vegetables and/or flowers. This is distinct from an individual garden on a residential parcel. A community garden may be owned by a single person/entity or a group of people and may include composting for use on site and sales of products grown on site. A community garden does not include resident animals.
Community residential facility.
1.
A community group home for developmentally, mentally, or severely disabled persons that does not provide skilled or intermediate nursing care;
2.
A youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program, or youth group home as defined in MCA 52-2-602;
3.
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;
4.
A licensed adult foster family care home; or
5.
An assisted living facility licensed under MCA 50-5-227. (MCA 76-2-411).
Complete (application). An application is complete if it contains all of the applicable information required on the permit form and in these regulations.
Condominium. The ownership of single units with common elements located on property submitted to the provisions of the Unit Ownership Act (MCA 70-23-101, et seq.). This term does not include a townhome or townhouse.
Day care. As defined by MCA 52-2-703(4), 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 24 hours, whether that care is for daytime or nighttime hours. Montana law defines three kinds of day care facilities.
1.
A family day care home is a private residence in which day care is provided to three to eight children on a regular basis. Montana law (MCA 76-2-412(4)) requires that family day care homes be permitted in all residential zoning districts.
2.
A group day care home is a private residence in which day care is provided to nine to 15 children on a regular basis.
3.
A day care center is an out-of-home place in which day care is provided to 16 or more children on a regular or irregular basis.
Family and group day care homes are not home occupations, but a residential use of property, as provided in MCA 76-2-412.
Dedication. The deliberate appropriation of land by an owner for any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted.
Density. The average number of residential, commercial or industrial units per acre.
Destroy. An act which permanently impairs or makes unusable the object of the act. A building is considered destroyed when 50 percent or more of the physical structure is damaged by fire, explosion, flood, tornado, riot, act of the public enemy or accident of any kind.
Development. Development is used as a generic term covering any and all activities for which a permit is required by these regulations. The developer is, by definition, the owner of the parcel on which a development is proposed, but owners may appoint a representative for all proceedings by these regulations. A subdivider who is different from the owner may also be considered the developer.
Digital assets. Cryptocurrencies, natively electronic assets, including stable coins and nonfungible tokens, and other digital-only assets that confer economic, proprietary, or access rights or powers. Digital assets are considered personal property.
Digital asset mining business. A group of computers working at a single site that consume more than 1 megawatt of energy on an average annual basis for the purpose of generating digital assets by securing a blockchain network. A digital asset mining business is an industrial use.
Driveway, single use and shared.
1.
Single use. A private vehicular access, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel it accesses.
2.
Shared. A vehicular access that serves up to two separate parcels.
Duplex. A structure containing two separate dwelling units, each of which has direct access to the outside. Also referred to as a two-family dwelling.
Dwelling unit. A single living space providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Facade. That portion of a building fronting on and visible from a public street.
Finding of fact. A written conclusion or determination, based on evidence, made in support of a decision.
Flood of 100 year frequency. A flood magnitude expected to recur on the average of once every 100 years or a flood magnitude that has a one percent chance of occurring in any given year.
Fowl. Chickens, turkeys, ducks, guinea fowl, pigeons, and pheasants.
Frontage. The frontage of a lot or parcel is the distance, measured in lineal feet, along any property line/s that directly abuts a public street.
Governing body. The Polson City Commission.
Growth policy. The Polson Growth Policy.
Hazardous materials. Includes all substances subject to regulation by the Emergency Planning and Community Right-To-Know Act.
Home digital asset mining. Mining digital assets in areas zoned for residential use that consume less than one megawatt of energy on an average annual basis for the purpose of generating digital assets by securing a blockchain network. Home digital asset mining is allowed as an accessory to residential use, except as related to noise performance standards.
Home occupation. A commercial or light industrial activity conducted in a dwelling or a building accessory to a dwelling. See section 6.04.440.
Hospital complex. One or more buildings, one of which must be a hospital (defined as an institution to provide medical and surgical care to the sick or injured, including operating room facilities and beds for overnight stay). May also include a cafeteria or restaurant, medically related heliports, nursing homes, extended care clinics, physical therapy and employee exercise facilities, shops for medical equipment and supplies, books, magazines, gifts and similar items.
Hotel/motel. A building or a group of buildings containing five or more individual sleeping rooms or suites, each having a private bathroom attached thereto, for the purpose of providing overnight lodging facilities to the general public for compensation with or without meals, and usually providing on site recreation services, housekeeping, bellhop, laundry and related services. Where appropriately zoned, restaurant, bar, personal and retail services and entertainment may also be available.
Immediate family. A spouse, children by blood or adoption, and parents.
Impervious surface. Any hard surfaced, manmade area that does not readily absorb or retain water including but not limited to roofs, parking and driveway areas, graveled areas and sidewalks. Surfaces like gravel driveways and pervious pavers may be assessed for lot coverage based on relative impervious factor guidance provided by MDEQ or other credible source.
Industrial. Relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, repair, dismantling, recycling, processing, storage, distribution and handling of goods and the materials from which they are produced. Industrial activity may result in noise, light, smoke, dust, glare, vibration and similar effects outside of a building.
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.
Large-scale development. A large-scale development is a project that will contain 100 or more residential lots or units, or is projected to generate 1,000 or more ADT: See section 6.04.300.
Light industrial. A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products. May also include research and development activities. Light industrial activities can generally control the external effects of the manufacturing process such as noise, light and smoke.
Livestock. Cattle, calves, horses, mules, sheep, lambs, and goats.
Local services. All services provided by local governmental bodies and agencies for the benefit of citizens. These services include, but are not limited to, law enforcement, fire protection, water supply, recreation, transportation systems, parks, libraries, schools, electrical and telephone utilities and the collection and disposal of wastewater and solid waste.
Local street. See street.
Lot. Lot is used as both as a generic term for a development site, and to refer to any parcel of land created and described by a record of survey or plat.
Lot coverage. Lot coverage is the percent of a lot or parcel that is covered by rooftops (including eaves and soffits), paving, and other surfaces that prevent direct infiltration of precipitation or runoff into the soil. Surfaces like gravel driveways and permeable pavers may be assessed for lot coverage based on relative imperviousness factor guidance provided by MDEQ or other credible sources. Slotted decks are not considered lot coverage where the ground under the deck is pervious.
Manufactured home. A residential dwelling unit built in a factory in accordance with the United States department of housing and urban development and the federal manufactured home construction and safety standards, MCA 15-1-101. A manufactured home does not include a mobile home, trailer, housetrailer or trailer coach; or mobile home or housetrailer constructed before the federal manufactured home construction and safety standards went into effect on June 15, 1976. See definition for single-family home, below.
Marina. A dock facility from which services are provided, such as, but not limited to, moorage sales or rental, marine sales and services, sales of fuel and other goods and sewage disposal. A distinction is made between marinas and common use docks. Marinas provide services to the general public and meet the needs of many lake users and common use docks only meet the needs of a homeowners association of limited size.
Material (as in a material change to an application or plat). Significant, substantially altering the proposal or having an impact on any of the primary review criteria, bringing the proposal out of conformance with the applicable growth policy, zoning or subdivision regulations, or impacting the public's opportunity to provide meaningful comment.
MCA. Acronym for Montana Code Annotated. The state laws of Montana.
MDEQ. Acronym for Montana Department of Environmental Quality.
Medical offices. Those uses concerned with the diagnosis, treatment, and care of human beings. Such uses include, but are not limited, to doctor and dental services, clinics, out-patient surgery centers, imaging centers, physical therapy and psychiatric counseling. Medical offices also include medically related professional offices such as social services and medical administration.
Medical support services. Uses and facilities including, but not limited to, medical equipment storage and supply, pharmacies, and other facilities commonly associated with medical institutions.
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. Other utility installations are industrial uses.
Minimize. For the purposes of these regulations, "to minimize" means to demonstrate that no alternative plan for the proposed development will result in a smaller impact.
Mitigate. To eliminate or make the reasonably expected impacts of a land use less severe.
Mobile home. Any structure manufactured in compliance with the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. 5401, et seq., as amended) that is transportable in one or more sections, and which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. Mobile homes are not single-family dwellings: see definition below.
Mobile home park. Any lot or parcel used for occupancy by mobile homes that are not placed on permanent foundations. Mobile home parks are subdivisions.
Motor home. A motor vehicle:
1.
Designed to provide temporary living quarters, built as an integral part of or permanently attached to a self-propelled motor vehicle chassis or van;
2.
Containing permanently installed independent life support systems that meet the ANSI/A119.2 standard; and provides at least four of the following types of facilities:
a.
Cooking, refrigeration or icebox;
b.
Self-contained toilet;
c.
Heating or air-conditioning or both;
d.
Potable water supply, including a faucet and sink; or
e.
Separate 110-volt or 125-volt electrical power supply or a liquefied petroleum gas supply or both.
Multi-modal transportation. Various modes of transportation: walking, cycling, automobile, public transit, etc.
Multiple-family dwelling. A building designed for permanent occupancy by more than two families or households, which may include apartment or townhouse or condominium building(s).
MSPA. Acronym for Montana Subdivision and Platting Act, MCA title 76, chapter 3.
Natural environment. The physical conditions which exist within a given area, including land, air, surface and groundwater, geology, soils, flora and fauna, and objects of historic, prehistoric, or aesthetic significance.
Nonconforming. A nonconforming use or building complied with the regulations that existed at the time of its development, but would not comply with these regulations, if submitted for approval after their effective date. The degree of nonconformity is the measured extent to which an existing building or use fails to comply with the standards of this chapter. For example, the degree of nonconformity of a parking lot that has four spaces, but serves a use requiring nine, is five parking spaces. No change in the nonconforming use or building could be permitted that would reduce the number of parking spaces, because that would increase the degree of nonconformity.
Occupancy. The use of a building or lot. A minor change in occupancy is a change to any occupancy that has identical 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.
Open space. Land that is essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment, or for the enjoyment of owners and occupants of land adjoining or neighboring such open space. This includes land that is intended to be preserved due to significant natural resources, wildlife habitat, viewsheds, irrigated or prime agricultural land and other similar features. This does not include land used for mineral extraction.
Outdoor storage. Keeping, stockpiling, or storing materials for any reason (it need not be for commercial use), including the long term storage of construction materials and inoperative machinery or vehicles, that is not enclosed in a building and is visible from a public street.
Park and recreation area, public and private.
1.
Private park and recreation area means a tract of land and improvements presently owned or controlled and used by private entities or groups for active and/or passive recreational purposes.
2.
Public park and recreation area means a natural or landscaped area that may include buildings, pathways or structures, provided by or dedicated to a unit of government, to meet the active or passive recreational needs of the people.
Person. Any individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.
Phased development. A subdivision application and preliminary plat that at the time of submission consists of independently platted development phases that are scheduled for review on a schedule proposed by the subdivider.
Planned unit development. A land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks that compose a planned mixture of land uses built in a prearranged relationship to each other and having open space and community facilities in common ownership or use (MCA 76-3-103(10)).
Plat. A graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications.
Public health and safety. A condition of optimal well-being, free from danger, risk or injury for a community at large, not merely for a specific individual or a small group of persons.
Recreational vehicle. A recreational vehicle is a park model, motor home, travel trailer, truck camper, fifth wheel or camping trailer, with or without motorized power, designed for temporary recreational or emergency occupancy. Recreational vehicles are not mobile homes.
Recreational vehicle park. Any lot or parcel used for temporary occupancy by recreational vehicles. Recreational vehicle parks are reviewed as subdivisions.
Setback. The setback is the shortest distance between the property line and the outer wall, at grade, or any above grade extension that projects more than three feet from the outer wall at grade, of any building. The space within that distance is called a required setback.
1.
The front setback is measured from the lot line paralleling the street on which the building is addressed to any building. Except where one of the bordering streets is an arterial or collector, corner lots shall treat the yard on the street on which the structure is addressed as "front". The yard on an arterial or collector shall, however, be the front yard, regardless of whether the structure is addressed on that street.
2.
The rear setback is measured from the rear lot line to the any building. The rear lot line is parallel, or more or less parallel, to the street. Corner lots have two rear yards, but may treat either as a side yard for the purposes of these regulations.
3.
The side setback is measured from the side lot line to any building.
Sewerage. Refers to the entire system (mains, treatment plant, etc.) used to treat sewage wastes.
Short court. A private road serving three to eight dwelling units, with the following characteristics: road rights-of-way of 40-foot width and with road lengths of 200 feet or less; concrete curbs and gutters; no sidewalks; and with plans for snow removal.
Sign. Any device, structure, fixture, enclosure, or placard using graphics, symbols, lighting, and/or written copy designed specifically for the purpose of advertising, identifying, or attracting attention to any establishment, product, goods, or services. This includes any/all portions of the sign structure not required for maintaining the structural integrity or not part of an architectural embellishment of a building. Specific types of signs are defined in the sign ordinance as found in the appendix to the Polson Development Code.
Single-family dwelling. A detached building designed for occupancy by one family or household. Also includes community residential facilities, as required by MCA 76-2-401 et seq. Also includes manufactured homes. Recreational vehicles, mobile homes and travel trailers are not single family dwellings, and shall not be used as such.
Site plan. A graphic depiction of a development that accompanies a permit application and includes information necessary to determine compliance with these regulations.
Slope. The degree of deviation of a surface from horizontal measured from the natural grade. For the purposes of these regulations, slope is expressed in percent and may be averaged across a specific, limited area or physical feature such as a road or segment of road, a building site, a lot or an entire subdivision depending on the context in which the term is used.
Streets, arterial, collector and local.
1.
Arterial. A street or road having the primary function of moving traffic with emphasis on a high level of mobility for through movement and the secondary function of providing access to adjacent land. Arterials generally carry relatively large volumes of traffic. For the purposes of these regulations, Highway 93 and Highway 35 shall be considered arterials.
2.
Collector. A road or street having the equally important functions of moving traffic and providing access to adjacent land. Collector streets have two moving traffic lanes and up to two parking lanes.
3.
Local. A road or street having the primary function of serving abutting properties, and the secondary function of moving traffic. Local streets have two moving lanes of traffic, up to two parking lanes, and provide access to abutting properties.
Structure. Any object constructed or installed, including, but not limited to, buildings, towers, smokestacks, earth formations, liquid storage tanks, fences, and overhead transmission lines. For the purposes of the airport safety overlay district (Article 3), includes mobile structures, like cranes.
Subdivision, first minor, subsequent minor and major.
1.
Subdivision. As provided by MCA 76-3-103(16), "a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a U.S. government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any re-subdivision and a condominium. The term also means an area, regardless of its size, that provides or will provide multiple spaces for rent or lease on which recreational camping vehicles or mobile homes will be placed."
2.
First minor. A proposed minor subdivision from a tract of record that has not been subdivided or created by a subdivision under the Montana Subdivision and Platting Act or has not resulted from a tract of record that has had more than five lots created from that tract of record under MCA 76-3-201 or 76-3-207, since October 1, 2003.
3.
Subsequent minor. Any subdivision of five or fewer lots that is not a first minor subdivision.
4.
Major subdivision. A subdivision that creates six or more lots.
Sufficient (application). An application is sufficient if it contains an adequate level of detailed, supporting information to allow for thorough evaluation and review under these regulations.
Tiny Dwelling Unit. A residential dwelling unit that is 350 to 750 square feet, is on a permanent foundation, and is used as a single-family dwelling for at least 45 days or longer. See definition of manufactured home and single-family dwelling.
Townhouse or townhome. 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.
Travel trailer. A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use and not used as a principal residence. The size or weight of the unit is such that it can be licensed for standard highway travel and as not to require special highway movement permit(s). The unit is designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted about or forward of the tow vehicle's rear axle.
Use. Synonymous with occupancy. See definition of occupancy above.
Variance. A variance is a modification of the specification or performance standards of these regulations that provides a reasonable use of lot or parcel that cannot otherwise be developed in compliance with these regulations. Specific findings are required for the approval of a variance. See section 6.03.320.
Viewshed. A visually prominent area seen from a common public observation area(s). Visually prominent areas include skylines, ridgelines, bluffs, rock outcroppings, peaks and surface water. Common observation points include public roads, navigable waterways and public lands.
Wildlife. All birds, mammals, amphibians, reptiles and fish that are not domesticated or tamed.
Wildlife habitat. Land and water that provides food and shelter for wildlife.
Yard. A general term meaning that portion of a lot located between a structure and a lot line. The yard may include a required setback area.
(Ord. No. 2024-003, 1-6-25)