Red Lodge City Zoning Code
ARTICLE 12
4.11 Definitions
§ 12.4.11.10 Purpose and Intent.
The purpose and intent of this article is to define words, terms and phrases that are important in the application of this Zoning Ordinance, and require specification beyond the definitions in a common dictionary to describe their applicability in this Zoning Ordinance.
(Ord. 957, 5-10-2022)
§ 12.4.11.20 Hierarchy of References for Definitions.
When a term is not defined in this chapter, the following references shall be used, in the order listed below, to determine the applicable definition. The term shall be defined for the purposes of this Zoning Ordinance as it is defined in the first of the references below to contain a definition for the term. Where a reference provides more than one definition for a term, the Zoning Administrator shall determine which definition shall be used in this Zoning Ordinance.
A.
A definition located elsewhere in the City Codes.
B.
Title 76, MCA.
C.
Title 7, MCA.
D.
Titles 70 and 75, MCA.
E.
FindLaw Online Legal Dictionary (http://dictionary.lp.findlaw.com).
F.
Merriam Webster Online (http://www.m.-w.com).
(Ord. 957, 5-10-2022)
§ 12.4.11.30 Use of Singular and Plural.
Unless otherwise specified by text or the context, the terms listed apply the plural as well as singular. A term in the singular shall include the plural and a term in the plural shall include singular.
(Ord. 957, 5-10-2022)
§ 12.4.11.40 Definitions.
"Abutting."
Having a common border with, or separated from such a common border by a right-of-way, alley or easement.
"Accessory equipment."
An enclosed structure, cabinet, shed or box that houses power boxes, electrical equipment, and other related equipment of a telecommunications or personal wireless communication facility.
"Accessory dwelling unit (ADU)."
An accessory dwelling unit (ADU) is a secondary house or apartment that shares the building lot of a larger, primary dwelling. The unit cannot be bought or sold separately but can be used for rental income. An ADU will provide complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. An ADU shall not exceed 1,200 square feet in gross floor area.
"Accessory structure."
A subordinate structure detached from, but located on the same lot as the principal structure; the use of which is incidental and accessory to that of the principal structure. An accessory structure shall be located behind, or to the side of the principal structure. A two-story accessory structure shall be set back from the rear and side property lines a minimum of one and one-half (1.5) times the required setback of the zone district in which it lies. When an accessory structure is to be located on a lot which is accessed via a row, the accessory structure may be located between the row and principal structure.
"Accessory use."
A use naturally and normally incidental to, subordinate to and devoted exclusively to the principal use.
"Adjacent/adjoining."
Includes all lots or parcels that directly border a subject lot or parcel and all lots or parcels separated from that subject lot or parcel by only a public or private easement or right-of-way, including streets, railroads, and irrigation canals, or by a creek. Lots or parcels that adjoin only corner-to-corner, including those lots or parcels where corners are separated by a public or private easement or right-of-way, or creek are adjacent and adjoining.
"Administrator."
See Zoning Administrator.
"Airport."
Any area of land or water designed for the landing and take-off of aircraft for private, business or commercial purposes, including all necessary facilities for passenger and cargo loading, fixed based operations (FBOs), maintenance, weather facilities, fueling facilities, and housing (temporary or permanent) of aircraft.
"Alley."
A public or private vehicular passageway dedicated or permanently reserved as a means of secondary access to abutting property. An alley shall not be considered to be a street, nor shall it be considered a row. (Also see Street and Row.)
"Ambient lighting."
All available light surrounding a subject sign at any point in time with the subject sign light source extinguished.
"Ambient noise level."
The average equivalent sound level (LEQ) occurring during a six minute period as measured with a sound level measuring instrument. The ambient noise level shall be determined with the noise source at issue silent, and in the same location and approximate time as the measurement of the noise level of the source at issue.
"Animal, exotic."
An animal introduced from another country not normally kept as a household pet or farm animal.
"Animal, hoofed domestic."
Cattle, horses, and mules only are included.
"Animal, household pet."
A small animal customarily permitted to be kept in a dwelling for company or pleasure, including, but not limited to, dogs, cats, pot-bellied pigs, gerbils, hamsters, tropical fish, or common house birds, provided that such animals are not kept to supplement food supplies or for any commercial purpose.
"Animal, non-domestic."
An animal not normally adapted to live and breed in a tame condition.
"Antenna."
A system of wires, rods, reflecting discs or similar devices used for the wireless transmission or reception of electromagnetic waves.
1.
"Directional (or panel or rectangular)."
A flat surface antenna used to achieve transmission or reception from a specific direction.
2.
"Parabolic."
A round, often concave, antenna generally no greater than 24 inches in diameter used primarily for point-to-point transmission of radio signals.
3.
"Omnidirectional (or whip)."
A thin, self-supporting rod antenna that beams and receives a signal in all directions.
"Antenna array."
Groups of directional panel antennas designed to send and receive wireless transmissions.
"Applicant."
The property owner, developer, or designated agent who submits an application for development under this Zoning Ordinance.
"Arterial street."
See Street.
"Assisted living."
A congregate residential setting that provides or coordinates for the residents of the property personal care and assistance that is to occur on less than a 24 hour basis. The care and assistance may be both scheduled and unscheduled, and include activities and health-related services. Assisted living does not include a nursing home or long-term care facilities (as otherwise defined herein.)
"Avigation easement."
An easement that allows the grantee the right to use the airspace within said easement area. The easement may include restrictions regarding the height of structures, the use of reflective glass, or the interference of radio transmissions by the grantor and an acknowledgment by the grantor that airplanes flying overhead may present a physical danger, increase noise levels or cause pollution.
"Batch plant, concrete, mortar, or asphalt."
A site, together with its accessory facilities, where sand, gravel, cement and various petroleum derivatives are compounded to manufacture concrete, mortar or asphalt.
"Bed and breakfast."
A dwelling where a maximum of five guest units for overnight or otherwise short-term temporary lodging is provided and may include meals. The operator of the facility shall live on the property. (This does not include hotels/motels.)
"Bench."
The colloquial term commonly used to describe the ancient alluvial terraces that more or less parallel Rock Creek and located on both the east and west sides of the City.
"Berm."
Mound of earth used in landscaping for screening, definition of space, noise attenuation or decoration.
"BOA."
The Board of Adjustment, as required by MCA 76-2-321(2).
"Borrow site."
A site used for the extraction of earthen materials such as sand, gravel, rock, dirt, etc., where the material is removed from the legally described site and characterized by a short-term operation and a limited quantity of earthen material.
"Buffer."
A landscaped area designed to effectively separate or screen land uses.
"Building."
A structure enclosed by a roof and walls or portion thereof that is used or intended to be used to shelter any use or occupancy, including the parking or storage of vehicles.
"Buffer area."
An area of land established to separate and protect one type of land use from another, to screen from objectionable noise, smoke or visual impact, or to provide for future public improvements or additional open space.
"Building envelope."
The portion of a lot within applicable setback requirements where building construction will be permitted, or other activities if so limited or described on the subdivision plat or certificate of survey.
"Building height."
The vertical distance from mean natural grade to the highest point on a building. Building height excludes chimneys, vents and antennae.
The reference datum shall be selected by either of the following; whichever yields a greater height of building:
1.
The elevation of the highest adjoining sidewalk or ground surface within a five foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest adjacent grade.
2.
An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in number one above is more than 10 feet above the lowest adjacent grade.
3.
The height of a stepped or terraced building is the maximum height of any segment of the building.
"Campground."
See Recreational Vehicle Park
"Canopy."
A roof-like cover, including an awning that projects from the wall of a building over a door, entrance, or window; or a free-standing or projecting cover over an outdoor service area, such as at a gasoline station.
"Capacity."
The maximum demand that can be accommodated by a public facility or service without exceeding the level of service as determined by the service provider.
"Capital improvements."
Large scale physical assets constructed or purchased to provide, improve, or replace a costly public facility. "Capital improvements" shall include physical assets providing additional capacity needed to accommodate the demand for public facilities generated by a development.
"Carrier."
A company that provides personal wireless communication services.
"Cellular communication."
A type of personal wireless communication service consisting of low-power mobile radio communication that occurs through a network of radio wave transmitting and receiving devices.
"Central water."
Water service provided by the City of Red Lodge through its water distribution infrastructure.
"Central sanitation."
A centralized wastewater collection and treatment facility operated by the City of Red Lodge.
"Channel."
A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
"Channel flow."
The water which is flowing within the limits of the defined channel.
"Church."
A building where people regularly assemble for worship, or other type of religious practice, together with its accessory buildings and uses, maintained and controlled by an organization to sustain public worship.
"Clinic, dental or medical."
A facility licensed and used for the provision of medical, dental, surgical or mental health care of the sick or injured, but excluding therefrom inpatient and overnight accommodations.
"Club (country club)."
Individuals gathered for social, educational or recreational purposes, including buildings or facilities owned/operated by such organization, excluding a golf course unless specifically permitted in that zoning district.
"Co-location."
The circumstance occurring when one or more carriers install antenna arrays on the same single structure.
"Commercial entertainment."
A commercial business that provides entertainment to the general public and includes movie theater, musical and performance theater, bowling alley, indoor skating rink, amusement game arcade and similar activities.
"Commercial retail."
A commercial use characterized by the selling of tangible goods/merchandise or services/intangibles directly to the consumer. (Also see Wholesale.)
"Conditional use."
A land use which is not permitted by right but may be allowed in specified zoning districts upon issuance of a Conditional Use Permit.
"Condominium."
A legal form of ownership whereby an owner gains title to an interior air space dwelling unit, together with interest in the common areas and facilities appurtenant to such units.
"Conflict of interest."
A circumstance in which an official's or employee's personal or financial interest conflicts or appears to conflict with official responsibility or when any private economic benefit may result from his or her official service. Specifically applicable State law is MCA 2-2-105.
"Conformance."
The compliance with all standards and regulations established by applicable code(s), laws, regulations, ordinances and other requirements. If all standards are not met, the building or property or use or other activity is nonconforming and may be illegal.
"Construction."
Any and all activity incidental to the erection, demolition, assembling, altering, installing, or equipping of buildings, structures, roads, or appurtenances thereto, including land clearing, grading, excavating, and filling.
"Construction, start of."
The commencement of any and all activity necessary and incidental to the erection, demolition, assembling, altering, remodeling of buildings or the preparation of a site for construction to include clearing, grading, filling, or excavating to prepare a site for construction.
"Convenience store."
A small retail or service commercial use, which provides limited food products, household items or other goods or services commonly associated with the same, which do not typically offer comparison shopping opportunities.
"Cultural facility."
A building or area designed and intended for intellectual or artistic activities, including a museum, art gallery, outdoor amphitheater, fairground, sports stadium/arena, performing arts center, or similar facility.
"Day-care facility/preschool."
A commercial facility where care and training is provided for more than two children or adults for periods of less than 24 consecutive hours. Adult day care is the provision of services and assistance to help adults with daily living.
"Day-care family/home."
1.
"Small."
A residence in which care is provided for up to six children or adults, including the provider's own children, plus two additional children of school age either before or after school hours, and on days during the regular school year when school is not in session, such as conference days/inservice days and holidays, including summer vacations or off-track periods in year-round schools when the child does not attend classes.
2.
"Large."
A residence in which care and training is provided for seven to 12 children or adults, including the provider's own children, except as provided for above.
"Day-care group."
An out-of-home place in which care is provided to 13 or more children or adults, or provides adult day care in conjunction with long-term care facility or health care facility.
"Day-care household pets."
A retail/service facility for the care of dogs or other household pets for periods of less than 24 consecutive hours. Overnight, indoor boarding may be permitted as a conditional use only. Outdoor holding facilities are prohibited in connection with the conditional use, unless otherwise approved.
"dB(A)."
A sound level in decibels measured on the "A" scale of sound level having characteristics defined by the American National Standards Institute.
"Decibel."
A unit describing the relative amplitude of sound. A decibel is a unit of sound pressure level equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure to the reference pressure of 2x10-5 N/m2 (Newton/square meter).
"Density."
The number of units per area of measure, for example the number of dwelling units per acre.
"Density, gross."
The total number of units divided by the total land area within the boundary of the project including publicly dedicated streets, open space or other public facilities.
"Density, net."
The number of units divided by the land area within the boundary of the project excluding publicly dedicated streets, open space or other public facilities.
"Development."
Any change to improved or unimproved real estate, including but not limited to buildings, structures, mining, dredging, filling, grading, paving, excavation or drilling operations or any alteration to land, buildings or structures which falls under the purview of this Zoning Ordinance as determined by the Zoning Administrator.
"Development plan."
A specific set of regulations establishing lot size, land use, density, lot coverage, open space or other standards and a map depicting land uses within a Planned Unit Development District approved by the City and recorded in the Office of the Carbon County Clerk. The current and future owners and their assigns are required to develop their property in accordance with this plan.
"Driveway."
A private vehicular access abutting a street for the exclusive use of the owners and occupants of the lot, lots or project, and their invitees, not considered to be a street.
"Dwelling."
A building or portion thereof used exclusively for residential occupancy, including single-family, two-family and multifamily dwellings, but not including hotels, motels, motor homes, or tents. Manufactured homes consistent with this code shall be deemed a dwelling unit.
"Dwelling, multifamily."
A dwelling situated on one lot and arranged, designed or intended for occupancy by two or more families living independently of each other, including condominiums and duplexes, but excluding therefrom hotels and motels.
"Dwelling, single-family."
A dwelling situated on one lot and arranged, designed or intended for occupancy by not more than one family in compliance with the City Building Code. The dwelling must function as a continuous enclosure without any impassable separation such as a wall or floor. Dwelling spaces joined by a garage or breezeway are considered to be a separate dwelling.
"Dwelling, single-family, attached."
A dwelling with primary ground floor access to the outside, which is attached to another unit by a party wall without openings, and is situated on one lot. The term is intended primarily for such dwelling types as townhouses, cluster units, patio homes.
"Easement."
An acquired right of use, interest or privilege in land owned by another.
"Efficiency unit (studio."
A unit containing only one habitable room.
"Enhanced specialized mobile radio service (ESMR)."
A type of communication technology that is used primarily by fleet-dispatched service providers and closed-system mobile radio users.
"Entertainment event."
A public presentation, for which admission is made available to the general public, held on a one time or occasional basis that provides amusement for, or holds the attention of, those in attendance.
"Entertainment event, major."
An entertainment event that exceeds the limitations placed on minor entertainment events.
"Entertainment event, minor."
An entertainment event that meets one of the following limitations:
1.
A one day event, such as a concert, with a maximum daily attendance of 500 persons.
2.
A multi-day event, such as a festival, carnival, or revival, with a maximum daily attendance of 300 persons and duration of seven days or less.
"Equipment, small."
Vehicles/equipment not exceeding the following gross vehicle weights: Motorized—18,000 lbs.; non-motorized—6,000 lbs.
"Event center."
A facility consisting of structures or premises used to accommodate the assembly of persons for private meetings, parties, weddings, wedding receptions, reunions, birthday celebrations, charitable fundraisers, and other social engagement purposes, or similar such uses, in exchange for remuneration of any kind. Such use may include the provision of food, beverages, and entertainment. Event center shall not include any use component of a sexually oriented business, as defined herein.
"Existing manufactured home park or subdivision."
A development or subdivision for manufactured homes where the facilities were completed before the effective date of floodplain management regulations. Facilities include utilities, streets, and either final site grading or concrete pads.
"Façade."
The exterior portion of a building at the front of a lot and any side of a building on a corner lot that faces a street without obstruction of a structure on a different lot.
"Family."
An individual or two or more persons living together as a single household unit, where unit includes pooled finances used to pay household expenses.
"Farm and commercial garden building."
A building or structure used to shelter or enclose livestock, poultry, feed, flowers, field equipment or similar uses.
"Farmers market."
An outdoor market open to the public and operated by a governmental agency, a not-for-profit corporation, an individual or one or more agricultural producers where the products offered for sale are agricultural products, value-added agricultural products, and incidental sale of other items.
"Feedlot."
Any tract of land or structure, pen/corral wherein cattle, horses, sheep, goats, swine, or similar livestock are maintained in close quarters for the purpose of feeding such livestock in order to fatten them prior to final shipment to market.
"Fence—solid/opaque."
Any structure used as a barrier, boundary or means of concealing the interior portion of a lot.
"Firearm."
Any handgun, revolver, pistol, rifle, shotgun, or other instrument or device capable of or intended to discharge bullets, shot, or other projectile by means of gasses released by burning a solid propellant.
"Fire protection facilities."
Fire stations and major pieces of fire fighting apparatus, including, but not limited to, pumpers, quick response vehicles, hook and ladder trucks, and similar equipment, owned and operated by county fire districts.
"Firing range."
A facility used to provide, in exchange for remuneration of any kind, training in conjunction with, or for practice in, discharging firearms.
"Flag."
A piece of fabric, cloth, or sturdy material usually oblong, rectangular, square, or triangular, typically attachable on one edge to a staff, pole, or cord.
"Flood, base."
The flood having a 1% chance of being equaled or exceeded in any given year. (Refer to Floodplain, One hundred Year.)
"Floodplain, one hundred year."
The area adjoining any river, stream, watercourse, lake or other body of standing water which is subject to inundation by a 100 year flood.
"Floor area, net."
The sum of the horizontal floor area, measured in square feet, of all floors of a building measured from the interior face of the exterior wall excluding therefrom, stairwells, elevator shafts, covered malls, covered walkways, roof patio areas, covered entries, covered parking, covered driveways, covered loading areas, utility rooms and storage areas.
"Floor area, gross."
The sum of the horizontal area, measured in square feet, of all floors of a building measured from the exterior face of the wall including stairwells or elevator shafts and excluding unfinished basements or attics, garage space, or unenclosed porches.
"Floor area ratio (F.A.R.)."
Determined by dividing the gross floor area of all buildings on a lot by the total area of that lot.
"Fowl."
Use of fowl shall be limited to female chickens (Gallus gallus domesticus).
"Frontage."
The side of the lot that is considered the front and has the shortest dimension to an abutting street or the side of the lot that directly abuts an avenue. Notwithstanding, a lot may have multiple street fronts.
"Gambling/gaming as a primary use."
The primary or predominant use to which the property is or may be devoted, and to which all other uses on the property are accessory. The scale, gross floor area for each specific use, hours of operation and advertising package will be used to determine whether the gambling establishment is a primary, secondary or tertiary use.
"Gambling as secondary use."
A subordinate use of a building, other structure, or use of land:
1.
Which is clearly incidental to the primary use of the building or use of land; and
2.
Which is located on the same zoned lot with the principal building, other structure, or use of land; and
3.
The scale, gross floor area for each specific use, hours of operation, revenue and advertising package will be used to determine whether the gambling establishment is a primary, secondary or tertiary use.
"Gambling as tertiary use."
A subordinate use of a building, other structure, or use of land:
1.
Which is clearly incidental to the primary and secondary use of the building or use of land; and
2.
Which is located on the same zoned lot with the principal building, other structure, or use of land; and
3.
The scale, gross floor area for each specific use, hours of operation, revenue and advertising package will be used to determine whether the gambling establishment is a primary, secondary or tertiary use.
"Garage."
1.
"Private."
A building, or portion thereof, including carports, in which only private or pleasure-type motor vehicles/trailers used by the owners or resident tenants of the land are stored or kept.
2.
"Public."
A building or portion thereof, other than a private garage, used for the parking of vehicles.
"Golf course."
A recreational facility primarily used for the purpose of playing golf, including associated food service, retail sales areas, and staff offices, excluding residential and other non-golf recreational uses.
"Grade."
The elevation of the finished surface of the ground.
"Greenhouse."
A structure used for the propagation, cultivation or growing of nursery stock such as flowers, bulbs, plants, trees, shrubs or vines.
"Group home."
A residence that provides non-institutional housing for persons living as a single housekeeping unit as follows:
1.
A group of no more than eight persons with developmental disabilities living in a State-licensed group home or community residential home; or
2.
A group of not more than eight persons with a mental illness living in a State-licensed group home; or
3.
A group of not more than eight persons 60 years of age or older who do not need nursing facilities.
Group homes that do not meet the conditions listed shall be considered group residential facilities for purposes of this Zoning Ordinance. |
"Group residential facility."
A residence that provides a community living environment for individuals requiring custodial care, medical treatment, or specialized social services. This term includes, but is not limited to, specialized group child-care home, facility or center; residential child-care facility; residential treatment facility; shelters for the homeless; shelters from domestic violence; residential facilities for those living together as a result of criminal offenses; and homes for individuals that are HIV positive or afflicted with the AIDS virus.
"Guest house/accessory dwelling unit."
A dwelling attached or unattached to the principal dwelling, used to house guests of the occupants of the principal dwelling or held in ownership by other than the owner of the principal dwelling.
"Hazardous materials."
All substances that are physical and health hazards and subject to regulation as hazardous by the Fire and Safety Code. They include items such as explosives and blasting caps, compressed gasses, flammable and combustible liquids, flammable solids, organic peroxides, oxidizers, pyrophoric materials, unstable (reactive) materials, toxic materials, and other health hazards.
"Heliport."
Any area used by helicopters for commercial or business purposes, including landing and take-off, passenger and cargo loading, maintenance and fueling facilities.
"Historic building."
A structure originally erected before 1930 and/or designated as historic by a state or national agency or organization that has as its mission the preservation of historic structures, such as the National Trust for Historic Preservation.
"Home occupation."
A business use conducted on the site, which is clearly incidental and secondary to the use of the land for residential, light industrial, or agricultural purposes; that does not change the character of the dwelling, lot, or neighborhood; and that allows the resident to work at home. Such uses as a motor vehicle repair or body shop, bed and breakfast establishment, medical clinic, hospital, kennel, animal clinic/hospital, retail business, warehousing and distribution, or any similar use generating more than occasional or minimal vehicular or pedestrian traffic shall not be allowed as a home occupation.
"Homeowners' association."
An association of homeowners within a residential area created to govern the area with powers, including, but not limited to, the setting and collection of expense assessments from the members of the association, the control and maintenance of common areas, and the enforcement of protective covenants.
"Hospital."
An institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities and staff offices that are an integral part of the facilities.
"Hotel."
Any building arranged, designed or intended as a temporary lodging place for human beings, with or without meals, in which there are six or more guest rooms or suites, and in which only minimal provision may be made for cooking in any individual room or suite. (Also see Motel.)
"Hunting/fishing club."
Individuals gathered for the express purpose of participating in recreational activities directly related to hunting, fishing and similar outdoor sportsman activities that typically take place on club-owned land.
"Includes/including."
Any list or example following either of these words is not to be considered complete or comprehensive.
"Industrial."
Land uses that process, manufacture, assemble, package, treat or fabricate materials and products from previously manufactured materials or from raw materials, usually for the mass sale to wholesalers or other industrial uses.
"Industrial, light."
The manufacturing, fabricating or casting of individual components of a larger unit or a complete unit. All such processing must occur indoors and would not typically generate noise, vibration, smoke, dust or odor detectable at the property boundary line.
"Industrial park."
A tract of land with two or more separate industrial buildings or related uses planned, designed, constructed, or managed on an integrated and coordinated basis with special attention to on-site traffic patterns, parking, utilities, building design and orientation, and open space.
"In-home elder care."
Providing 24 hour in-home care for six or fewer elderly persons (60 plus years old), not related to the members of the household, who are ambulatory and are not mentally ill or developmentally disabled, who because of impaired capacity for independent living elect protective oversight, but do not require regular 24 hour medical or nursing care. The care provider shall reside at and maintain their primary place of residency in this home.
"Intensity."
The extent to which a use or uses occurs. Intensity may be said to increase in a variety of ways, such as by expansion of physical area for a use, added hours of operation, and any change that increases traffic or noise or other nuisances.
"Junk trash inoperative vehicles."
No land or building (or any portion thereof) may be used as an outside storage area for the purpose of collecting, dismantling, storing, or selling of junk, trash, rubbish, refuse of any kind, remnants of wood, metal, or plastic, discarded materials, inoperative vehicles or dismantled machinery, whether or not the same could be put to any reasonable use.
"LEQ."
The sound pressure Level in dB, equivalent to the total sound energy over a given period of time.
"Long-term care facility."
A congregate residential setting that provides or coordinates for the residents of the property personal care, 24 hour supervision and assistance, both scheduled and unscheduled, and activities and health-related services. Long-term care facility includes nursing home facilities but does not include assisted living facilities.
"Lot."
A parcel of land designated as a lot on a subdivision plat/certificate of survey duly recorded in the Office of the Carbon County Clerk.
1.
"Corner."
A lot abutting two or more adjacent streets which have an angle of intersection of not more than 135 degrees.
2.
"Double frontage."
A lot abutting two non-intersecting streets as distinguished from a corner lot.
3.
"Flag."
A lot having access or an easement to a public or private street by a narrow, private right-of-way.
4.
"Interior."
A lot other than a corner lot.
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"Lot, area of."
The area of a lot exclusive of streets, alleys and City-dedicated land or open space.
"Lot, buildable."
A lot of record that complies with all the requirements of the zoning district within which it is located, or a nonconforming lot provided such lot was created in compliance with the State land-use laws and the City Subdivision and Zoning Regulations in effect at the time the lot was created. (A tax parcel may or may not be a buildable lot.)
"Lot, nonconforming."
A lot that has less than the required minimum area or width as established by the zone district in which it is located.
"Lot coverage."
That portion of a lot or parcel in which any improvement is situated in a manner that prevents direct infiltration of water, including rooftops, paved areas, and other totally or largely impervious surfaces.
"Lot line."
Any boundary of a lot. The classifications of lot lines are:
1.
"Front."
The lot line separating the lot from a street. Where a sidewalk is present, the edge of the sidewalk farthest from the street is typically also the lot line. As such, the sidewalk, the landscape area between the sidewalk and the parking lane (also known as a tree boulevard), the parking lane, and the driving lane are all within the area also referred to as the public right-of-way. On a corner or double frontage lot, only one lot line will be considered a front lot line (typically the narrower frontage and/or frontage with the primary structure's predominant access). The street frontage deemed not the front, will be considered a side lot line. Where a lot is not abutting a street, other than by its driveway, that lot line which faces the principal entrance of the main building is the front lot line.
2.
"Rear."
The lot line opposite and most distant from the front lot line; however, for corner lots the rear lot line may be any lot line not abutting a street. For triangular, pie-shaped, or irregularly-shaped lots the rear lot line shall be deemed to be a line within the lot having a length of 10 feet, parallel to and most distant from the front lot line for the purpose of determining required setbacks.
3.
"Side."
Any property boundary line which is neither a front lot line nor rear lot line.
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"Manufactured home."
Per MCA 76-2-302: "'manufactured housing' means a single-family dwelling, built offsite 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, as defined by local regulations, 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."
"Manufacturing and assembly."
Establishments or businesses that engage in the on-site production, processing or assembling of goods, generally requiring truck delivery of products and materials, and the use of tools and equipment.
"Metes and bounds."
A method of describing or locating real property; metes are measures of length and bounds are boundaries; this description starts with a well-marked point of beginning and follows the boundaries of the land until it returns once more to the point of beginning.
"Microwave dish."
A device for receiving or transmitting radio frequency/electromagnetic waves.
"Mineral."
A naturally formed, generally inorganic, chemical element or compound having a definite chemical composition and, usually a characteristic crystal form. Minerals have characteristic physical and chemical properties.
"Mineral resource area."
An area in which minerals are located and capable of economic recovery.
"Mining."
The withdrawal or refinement of materials, including, but not limited to, minerals (either solid, liquid, or gas which are usable in their natural form or converted to a usable form when extracted from the earth), sand, gravel, quarry aggregate, oil, natural gas, coal, dimension or landscape stone, peat and metals.
"Mobile home."
means a residential structure, transportable in one or more sections, which is eight body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.
"Mobile home park."
Any lot or parcel used for occupancy by mobile homes.
"Modular home."
"Modular home" or "factory-built housing" means a dwelling unit constructed in accordance with the standards set forth in the International Building Code and local codes applicable to site-built homes and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two sections transported to the site in a manner similar to a manufactured home, or a series of panels or room sections transported on a truck and erected or joined together on the site.
"Montana Subdivision and Platting Act."
MCA 76-3-10, et seq.
"Motel."
A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking area adjacent to the building. (Also see Hotel.)
"New construction."
Structures for which construction, substantial improvement, or alteration commences on or after the effective date of this Zoning Ordinance.
"Nonconforming."
A lot, structure or use that fails to comply with all applicable standards of this Zoning Ordinance. The degree of nonconformity is the measured extent to which an existing building or use fails to comply; for example, the degree of nonconformity of a parking lot that has four spaces, but serves a use requiring nine, is five parking spaces. Nonconforming uses/structures differ from illegal uses/structure/lot in that at the time the nonconforming use/structure/lot was created, it was in compliance with the then applicable codes. (Also see Lot, Buildable.)
"Occupancy."
The use or habitation of a building, structure or lot. A change in occupancy is the change from the existing use to another use identified in the Allowed Uses tables of this Zoning Ordinance.
"Office, professional."
A place of business for predominantly administrative, professional, or clerical operations, i.e., accountant; architect; attorney; bookkeeper; broker; doctor; dentist, chiropractor; psychologist; drafter; bank; savings and loan; insurance company; credit union; credit-reporting agency; developer; contractor; engineer; surveyor; planner; insurance agency; interior design; landscape architect; pharmacy; notary; stenographer; clerical services.
"Open space."
Public or private land and aquatic areas that are regulated or managed to protect the natural environment and significant cultural resources; provide recreation and agricultural opportunities; shape the pattern of urban development, or any combination thereof, including yards and common areas and including a limited number of buildings and accessory uses compatible with intended use. Open space shall be deemed not to include driveways, parking lots, or other surfaces designed or intended for vehicular travel.
"Outdoor storage."
The keeping, stockpiling, or storing of materials for any reason in the out-of-doors.
"Park."
A tract of land identified for public use by zoning or subdivision action, or designated by an authorized public entity, for recreational, educational, or cultural purposes.
"Parking, lot."
An area other than a street or alley that is permanently reserved and maintained for the parking of motor vehicles on a temporary basis—daily or overnight.
"Permit."
An action by the City that allows a proposed development to proceed.
"Personal communication service (PCS)."
A type of wireless communication technology capable of transmitting voice, data and paging that utilizes small geographic areas on a tight grid of interconnected sites.
"Personal wireless communication facility."
Any unstaffed facility for the transmission and/or reception of voice, data and paging signals consisting of one or more of the following elements: antennas, support towers, or accessory equipment buildings or structures.
"Personal wireless communication services."
The term used to collectively describe low-powered, unmanned facilities providing wireless telecommunication services, including, but not limited to, paging, enhanced specialized mobile radio (ESMR), personal communication service (PCS), commercial mobile radio service (CMRS), cellular telephone and similar technologies, to a small geographic area within a network of interconnected sites. The power density at the property line or lease area shall not exceed the radio frequency emission standards set by the FCC.
"Pharmacy."
A retail establishment where prescription drugs and medicine are sold. A pharmacy can be a standalone facility or combined with an establishment that sells other retail items. A pharmacy does not include a medical marijuana dispensary.
"Planning Board."
The Red Lodge Planning Board, appointed as authorized by MCA 76-1-101, et seq.
"Plant nursery."
An area of land used to raise trees, shrubs, vines or other plants, for transplanting or sale.
"Pole barn."
A traditionally agricultural building which uses a post-frame structural system in which the exterior wall system is typically metal.
"Principal structure."
A building in which the primary use of the lot on which the building is located is conducted.
"Principal use."
The main use of land or structures, as distinguished from an accessory or conditional use.
"Public facilities."
Infrastructure and associated improvements including water facilities, wastewater facilities, fire protection facilities, public schools, regional parks and streets.
"Recreational vehicle."
A motor home, travel or camping trailer, van or truck camper, with or without self-motive power, boat, jet ski, motorcycle, snowmobile, or all-terrain vehicle.
1.
A motor home, travel trailer, van or truck camper or camping trailer with or without self-motive power that is:
a.
Built on a single chassis,
b.
Four hundred square feet or less when measured at the largest horizontal projections,
c.
Designed to be self-propelled or permanently towable by a light duty truck,
d.
Designed primarily for use as temporary living quarters for recreation, camping, travel, seasonal, or emergency use, and not for use as a permanent dwelling; and
2.
A boat, jet ski, motorcycle, snowmobile, or all-terrain vehicle.
"Recreational vehicle park."
Any lot or parcel used for temporary occupancy (not to exceed 30 days in any one calendar year) by placement of recreational vehicles (as defined above in Recreational Vehicle subsection 1). Recreational vehicle parks are subdivisions.
"Recreation facility, indoor."
An establishment providing recreational activities, completely enclosed by a structure, such as bowling alley, firing range, gymnasium, roller skating or ice skating, billiards, pool, theater, swimming pool or related amusements. This does not include adult entertainment establishments.
"Recreation facility, outdoor."
An area used primarily for outdoor recreational activity, i.e., swimming pool, tennis court, basketball court, ice rink, soccer field, baseball diamond, firing range, park, playground or other similar uses not specifically addressed, and may include structures for restrooms, locker rooms, maintenance equipment storage.
"Recreational vehicle storage yard."
An area of land and associated structures arranged, designed or intended to accommodate the temporary parking or storage of unoccupied recreational vehicles.
"Referral agency."
A public or private organization which is interested in providing advisory comments to the City on a land use proposal or proposed legislative action.
"Religious retreat."
A building or site designed and designated for religious teaching, reflection, or contemplative activities, maintained and controlled by a religious organization to sustain worship or other religious practice, and may include overnight guest accommodations. This use is distinct from that of a church, which is separately defined herein.
"Retail."
See Commercial Retail.
"Retirement home."
One or more buildings containing dwellings where the occupancy is restricted to persons at least 55 years of age, or couples where either spouse is at least 55 years old. This may contain special support services, i.e., convalescent or nursing facilities, and central dining facilities.
"Reverse frontage."
For the purposes of this Zoning Ordinance reverse frontage means the location of parking in the rear or on the side of the structure that is served by the parking as viewed from the street. It is distinguished from sites with parking in front of the building as viewed from the street. No portion of a parking lot shall sit in front of any portion of a building.
"Rezoning."
A revision to the City Zone District Map.
"Right-of-way (or R.O.W.)"
Land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer or other public use.
"Row."
A minor public or private vehicular passageway dedicated or permanently reserved as a means of primary access to properties which generally do not otherwise have vehicular access. Properties without vehicular access other than from the row shall have their property line abutting the row considered their front lot line. Parking shall not be permitted on a row. The minimum clear travel-way of a row shall not be less than 20 feet. (Also see Alley and Street.)
"Satellite dish."
A ground or building mounted antenna, generally exceeding 24 inches in diameter, incorporating a solid, open mesh, or bar configured surface used to transmit or receive radio or electromagnetic waves.
"Setback."
The required minimum horizontal distance between the location of structures or uses and the related front, side, rear, or alley lot line measured perpendicular to such lot line. Measurements are taken to the outer foundation wall (at ground level) from the property line. For the purpose of setback calculations, any structural extension that projects more than three feet beyond the outer foundation wall of a building on the same lot, including, but not limited to, roof overhangs, windows, steps, stoops, porches whether covered or not, and decks regardless of height above grade shall be included in the setback measurement; however, concrete flatwork, pavers or similar on-grade hardscape areas are exempt from setback measurements.
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"Sewage."
Refers to the entire system (mains, treatment plant, etc.) used to collect, and treat and discharge sewage wastes.
"Sexually oriented business."
An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment, or nude model studio. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
1.
"Specified anatomical areas."
Includes any of the following:
a.
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or
b.
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
2.
"Specified sexual activities."
Includes any of the following:
a.
The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
b.
Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, sodomy, sadomasochism or bestiality;
c.
Masturbation, actual or simulated;
d.
Human genitals in a state of sexual stimulation, arousal or tumescence; or
e.
Excretory functions as part of or in connection with any of the activities set forth in paragraphs (a) through (d) of this subsection.
3.
"Adult arcade."
An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines or other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
4.
"Adult bookstore, adult novelty store or adult video store."
a.
A commercial establishment which:
i.
Devotes a significant or substantial portion of its stock-in-trade or interior floor space to;
ii.
Receives a significant or substantial portion of its revenues from; or
iii.
Devotes a significant or substantial portion of its advertising expenditures to the promotion of the sale, rental or viewing (for any form of consideration) of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas";
b.
An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as the provisions of the above subsection (a) are otherwise met.
5.
"Adult cabaret."
A nightclub, bar, restaurant or other commercial establishment, which regularly features:
a.
Persons who appear nude or in a state of nudity; or
b.
Live performances, which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
6.
"Adult motel."
A motel, hotel or similar commercial establishment which:
a.
Offers public accommodations, for any form of consideration, and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by magazines, pamphlets or leaflets, radio or television, or
b.
Offers a sleeping room for rent for a period of time less than 10 hours, or
c.
Allows a tenant or occupant to sub-rent a sleeping room for a time period of less than 10 hours.
7.
"Adult motion picture theater."
A theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."
8.
"Nudity or state of nudity."
(a) The appearance of the human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.
9.
"Nude model studio."
Any place where a person, who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other means. The definition of "nude model studio" does not apply to:
a.
A college, junior college or university supported entirely or partly by taxation;
b.
A private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
c.
A business located in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where, in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one nude model is on the premises at any one time.
"Sexual encounter establishment."
A business or commercial establishment, that as one of its primary business purposes offers, for any form of consideration, a place where two or more persons may congregate, associate or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity. An adult motel will not be classified as a sexual encounter establishment by virtue of the fact that it offers private rooms to rent.
"Shopping center."
A grouping of retail business or service uses on a single site with common parking facilities and open space.
"Sign."
Any display, object, or structure regardless of form or material used to identify or display or in any way attract or direct attention to any use, building, person, or product by any means, including, but not limited to, the use of lettering, words, pictures, and other graphic depictions or symbols. (See Article 12.4.6.)
"Single-family dwelling."
A building or part of a building designed for occupancy by one family. By State law, this includes foster and youth homes, community residential facilities, and manufactured homes that:
1.
Comply with the National Manufactured Home Construction and Safety Standards Act (42 USC 5401, as amended) or the IRC or IBC;
2.
Are of a minimum size consistent with the standards of the United States Department of Housing and Urban Development (HUD); and
3.
Are attached to a permanent foundation and, where available, permanently connected to municipal utilities; and
4.
Have a pitched roof and siding and roofing materials that are customarily used on site-built homes in the Red Lodge area. Mobile homes, recreational vehicles, and travel trailers are not single-family dwellings.
"Site plan."
A map which details property lines, structure placement, parking lots and other features on the property.
"Sketch plan."
A general or conceptual site plan of a development.
"Solar energy systems."
Any mechanism including photo-voltaic surfaces designed for the purpose of converting solar energy into mechanical or electrical power. Support structures and bases, guy wires and any other structures necessary for the installation of small solar energy conversion systems are also included. A large-scale system designed for the generation of commercial power shall be considered a major utility facility for purposes of this Zoning Ordinance.
"Staff."
City employees with a role in reviewing or administering the provisions contained herein.
"Stealth or faux design."
A personal wireless communication facility or element thereof, that is disguised, camouflaged, hidden or incorporated into an existing or proposed structure or placed within an existing or proposed structure so as to minimize or eliminate its visibility from off site.
"Street."
Land intended primarily for vehicular traffic and providing the principal means of access to property, including a roadway, road, lane, drive, avenue, highway, boulevard, or any other thoroughfare other than a driveway or alley.
1.
"Alley."
See Alley.
2.
"Driveway."
See Driveway.
3.
"Regional/major arterial."
A street or highway significant to the region serving the major centers of activity which carries the major portion of the trips entering and leaving the area, as well as the majority of through movements desiring to bypass towns or neighborhoods.
4.
"Minor arterial."
A street, that interconnects with and augments the regional arterial system, which distributes travel to geographic areas smaller than those identified with the regional/major arterial system and provides intracommunity continuity, but ideally should not penetrate identifiable neighborhoods.
5.
"Collector."
A street which distributes trips from the arterial to the ultimate destination. The collector system provides both land access service and local traffic movement within residential neighborhoods, commercial areas and industrial areas.
6.
"Local."
A street which provides direct access to abutting land and access to the arterial and collector road network. Service to through-traffic movement usually is deliberately discouraged.
"Street, private."
A privately owned access way generally constructed to City specifications and not maintained by the City.
"Street, public."
All public property reserved or dedicated for vehicular traffic constructed in compliance with Red Lodge Roadway Design and Construction Standards.
"Structure."
Anything constructed or erected in, under, over or upon the land, or attached to something in, under, over, or upon the land, but excluding therefrom walks, patios, off-street parking areas, fences and walls, and electrical distribution, natural gas or water and sewer lines.
1.
"Permanent."
That which is built in such a manner, that it would reasonably be expected to last and remain useful for more than five years.
2.
"Temporary."
A structure that is not a permanent structure, or one that is constructed for a special purpose in contemplation of removal upon accomplishment of a permanent structure.
"Subject land."
Real property which is the subject of the regulations set forth in this code.
"Subsidence."
The sinking of ground related to the structural and geologic failure of underground structures such as mine workings.
"Such as."
Any list or example following this phrase is not to be considered complete or comprehensive.
"Support tower."
A vertical, ground-mounted structure designed and engineered for the purpose of supporting antennas for the transmission and/or reception of radio signals.
1.
"Lattice tower."
A self-supporting tower with multiple legs and cross bracing designed to support antennas.
2.
"Monopole."
A self-supporting tower consisting of a single support of wood, metal or concrete designed to support antennas.
3.
"Guyed tower."
A tower designed to support antennas and requiring guy wires for stability.
"Swimming pool."
Any structure intended for swimming or recreational bathing capable of containing water greater than 24 inches in depth. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs, and spas. Any fencing required in association with such structure shall be permanently affixed to the ground.
"Telecommunications facility."
A facility and all elements thereof, including, but not limited to, support towers, antennas, and accessory equipment buildings, that together facilitate communication by the electronic transmission of telephone, radio, television, internet, wireless, or microwave impulses of a Federal Communications Commission (FCC) licensed carrier, but excluding those used exclusively for private radio and television reception, private citizen's band, amateur radio communications.
Personal wireless communication facilities that exceed the height requirements provided for by these Zoning Regulations shall be considered telecommunications facilities and therefore subject to all applicable provisions. |
"Temporary emergency shelter."
A facility used on a temporary basis for the purpose of housing individuals or families affected by disasters or emergency situations.
"Townhome."
An individual dwelling unit situated on one lot but attached to one or more similar dwelling units by a common wall or party wall. Where such a unit is attached to another, the property line shall be the center of the common wall or party wall. The owner of a townhome unit may have an undivided interest in common areas and elements appurtenant to such units.
"Tiny home."
A structure of 400 square feet or less in floor area excluding lofts, and which are intended to be mounted on a permanent foundation and used as a single-family dwelling (2018 International Residential Code).
"Use."
A purpose or activity on a lot or in a structure.
"Utility—major facility."
1.
Pipelines and storage areas of utilities providing natural gas or petroleum derivatives;
2.
"Appurtenance."
A use or structure which is incidental and subordinate to, and devoted to the utility— major facility;
3.
"Power plant."
Any electrical energy generating facility with an energy generation capacity of 50 megawatts or more, and appurtenance(s);
4.
"Substation."
Any facility designed to provide switching, voltage, transformation, or voltage control required for the transmission of electricity exceeding 115 kilovolts (kV);
5.
"Transmission lines."
Any electric transmission line and appurtenance(s) which emanate from a power plant or a substation and terminate at a substation and which are designed for or capable of, the transmission of electricity exceeding 115 kV;
6.
"Wastewater treatment facility."
A facility or system for treating, neutralizing, stabilizing, or disposing of domestic wastewater, which facility or system has a designed capacity to receive more than 2,000 gallons per day of domestic wastewater. The term wastewater treatment facility also includes appurtenance(s) to such system or facility, such as outfall sewers and equipment related to such appurtenances;
7.
"Water storage/treatment facility."
A facility used for water storage with a designed capacity of 300,000 gallons or more and/or treatment, except wellhead disinfection, of 10,000 gallons per day or more; and/or a major reservoir; and/or facilities and/or structures for the export of water outside the County; including, but not limited to, water diversion structures, headgates, forebays; and all associated appurtenances. Water storage tanks must be buried, unless this requirement is waived by the Director due to geological/topographical conditions that would prevent burial.
"Utility service facility."
Any neighborhood substation, personal wireless communication facility, water storage/treatment facility:
1.
"Neighborhood substation."
Any facility used for the purpose of reducing voltages to levels of 115 kV, or less, for distribution to individual users;
2.
"Personal wireless communication facility."
Any unstaffed facility for the transmission and/or reception of voice, data and paging signals consisting of one or more of the following elements: antennas, support towers, or accessory equipment buildings or structures;
3.
"Water storage/treatment facility."
A facility used for water storage with a designed capacity of less than 300,000 gallons and/or treatment of less than 10,000 gallons per day. Water storage tanks must be buried, unless this requirement is waived by the Director due to geological/topographical conditions that would prevent burial.
"Value-added agricultural processing."
Value-added processing may include the sales of value-added agricultural products produced on or off the site. Value-added agricultural processing does not include processing agricultural products into fuels, lubricants, paints, varnishes, or the like.
"Value-added agricultural product."
A product processed by an agricultural producer from an agricultural product, such as baked goods, jams, jellies, and leather or woolen goods.
"Variance."
A modification of the specification or performance standards of any code, law, regulation, or requirement, where the modification sought or permitted for a specific property, lot or parcel is not normally allowed.
"Veterinary clinic/hospital."
A structure where animals are brought for medical or surgical treatment and may be held during the time of treatment and recuperation. Overnight, indoor boarding may be permitted as an accessory use only. Outdoor holding facilities are prohibited in connection with the accessory use.
"Warehousing."
A building or property where goods, merchandise or equipment are stored for eventual distribution to retail or other establishments. Warehousing includes the storage of commodities, refrigerated items, and general merchandise. Warehousing does not include the inventory for retail purpose and is not a liquor store.
"Wastewater facilities."
Structures or systems designed for the collection, transmission, treatment or disposal of sewage and includes trunk mains, interceptors, and treatment plants, including package treatment plant and disposal system and on-site septic systems.
"Water facilities."
Systems or structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, and storage facilities.
"Watercourse."
A channel, ditch, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir or lake in which water flows either regularly or intermittently, including major drainage ways for carrying urban storm runoff.
"Wholesale business."
A business use characterized by the selling of tangible goods/merchandise or intangibles/services directly to the retailer or contractor or the assembly or manufacturing of products. (Also see Commercial Retail.)
"Wind energy conversion system."
Any mechanism including blades, rotors or other moving surfaces designed for the purpose of converting wind energy into mechanical or electrical power. Towers, tower bases, guy wires and any other structures necessary for the installation of small wind energy conversion systems are also included. A large-scale system designed for the generation of commercial power shall be considered a major utility facility for purposes of this Zoning Ordinance.
"Written (or writing."
Includes any form in which words are provided in a visual form that can be copied, filed, stored, forwarded (as opposed to spoken or oral words) and, unless specifically excluded, includes electronic composition, delivery, and storage (e.g., e-mail).
"Zero lot line."
The location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line with no easement or setback requirement including two adjoining structures on separate lots sharing a common wall.
"Zoning administrator."
The City employee(s) or contractor(s) appointed by the Mayor and confirmed by the City Council, who is (are) responsible for the administration of this code or any part of it.
(Ord. 957, 5-10-2022)