(a)

All words in this chapter shall be first defined as provided in this chapter and, if not defined herein, shall be defined as in the latest edition of 'The Illustrated Book of Development Definitions' by Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in 'The Illustrated Book of Development Definitions', shall have their customary dictionary definitions.

(b)

Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular; the word "shall" is always mandatory, the word "person" includes a firm, association, organization, partnership, trust, corporation or company, as well as an individual; the word "lot" includes the words "plot" or "parcel"; the word "building" includes the word "structure"; the words "used" or "occupied," as applied to any land or building, shall be construed to include the word "intended, arranged, or designed to be used or occupied"; the words "map" or "zoning map" mean the zoning map(s) of the town that delineate the area to be governed by these regulations; the word "setback" shall include the word "yard".

(c)

For the purposes of this chapter certain words and terms used herein are defined as follows:

Access means the place means or way by which pedestrians and vehicles shall have adequate and usable ingress and egress to property or use as required by this chapter.

Accessory building or use means a subordinate building, or portion of the principal building, located on the same lot as the principal building, or a subordinate use of land, either of which is customarily incidental to the principal building or to the principal use of land. Where part of an accessory building is connected to part of the principal building by a common wall, such accessory building shall be counted as part of the principal building. Individual public utility installations above ground are considered accessory buildings.

Accessory equipment means any equipment serving or being used in conjunction with a structure or use. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.

Adult business means an establishment which advertises, trades, exchanges, transfers, sells, presents, shows, offers or exhibits materials, activities, reproductions, likenesses, services and/or objects defined as obscene by MCA. Adult business as defined in this section shall include, but need not be limited to, adult bookstores, adult motion picture theaters, rap studios, massage parlors, exotic dance studios, nude art studios, nude photographic studios and nude body painting studios.

Aggrieved person means a person, as defined in this chapter, who has a specific, personal and legal interest in the final decision of an agency, board, commission or council, as distinguished from a general interest such as is the concern of all members of the community, and which interest would be specifically and personally prejudiced by the decision or benefited by its reversal.

Alteration means any act or process, except repair and light construction as defined herein, that changes one or more of the architectural features of a structure or site, including, but not limited to, the erection, construction, reconstruction, relocation of, or addition to a structure. Changes upon interior elements of private residences, regardless of their location or historic status, shall not be considered alterations as defined in this section.

Antenna (wireless telecommunications antenna) means one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). Antennas used by amateur radio operators are excluded from this definition.

Apartment means a habitable room or suite of two or more habitable rooms meeting the requirements of the town's adopted International Building Code, located in an apartment building or used for residential purposes in nonresidential buildings located within nonresidential districts, as specified in this chapter. Efficiency units shall qualify as an apartment under this definition.

Apartment building means a building other than a hotel or motel containing five or more dwelling units.

Appellant means an aggrieved person who has appealed the decision of an agency, board, commission or council to another body designated herein by the filing of a notice of appeal.

Applicant means the person(s) who, or organization which, submitted the application to the agency, board, commission or council for approval, or the person(s) who, or organization which, submitted the application to the agency, board, commission or council whose decision has been appealed.

Area of signs means the area of a sign that shall be computed by enclosing the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure or character together with any other material or color forming an integral part of the display or used to differentiate such sign from a building on which it is placed. The area of a sign having no such perimeter shall be computed by enclosing the entire area within parallelograms, triangles, or circles in a size sufficient to cover the entire area of the sign copy and computing the size of such area. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. If the angle between the two sign faces is greater than 45 degrees, the sign area will be the sum of the areas of the two faces. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any spherical, conical, or cylindrical sign, one-half of the total surface area shall be computed as the area of the sign.

Attached structure means a building sharing with one or more other buildings a common wall(s) for not less than five feet.

Automobile fuel sales or repair means the use of a site for the direct sale of fuel to the end user, or for the repair of automobiles, noncommercial trucks, motorcycles, motorhomes, recreational vehicles, or boats. This includes the sale and on-site installation of parts, wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes dismantling or salvage.

Automobile washing establishment means a building which has its primary purpose as washing automobiles. Such facilities shall be considered incidental to automobile service stations if not more than one auto may be washed at one time and if the service station is clearly the principal use.

Awning means a roof-like structure, which is generally composed of a skeletal frame, covered in a fabric or other skin-type material, and typically open on the bottom side, which projects beyond a building or extending along and projecting beyond the wall of the building. For the purposes of this chapter a sign on an awning shall be considered to be a wall sign.

Bar (tavern, cocktail lounge) means an establishment where alcoholic beverages are served on premises and where the total sales of alcohol exceeds the total sales of food.

Basement means a portion of a building located partly underground but having not less than half its floor-to-ceiling height below the average grade of the adjoining ground.

Building means any structure having enclosed space and a roof for the housing and/or enclosure of persons, animals, or chattels.

Building area means the maximum horizontal projected area of the principal and accessory building(s), excluding open steps, terraces, and architectural appurtenances projecting not more than two feet. Building area, as that portion of a lot upon which construction is permitted, is that area of a lot that lies within the boundaries of the front, side and rear yard setback requirements measured from the actual lot lines.

Building height means the vertical distance measured from grade as defined in this section to the highest point on the roof or parapet wall. Where a building utilizes multiple roof styles or pitches, the highest point of each type of roof or parapet wall shall be in conformance with applicable height regulations as established for the respective roof pitches in each zoning district. Where the vertical difference between grade as defined in this section is greater than two feet between opposite elevations of the building, the height of the building may be increased by one foot for every one foot in grade difference up to a maximum of six additional feet.

Building, principal means a building in which is conducted the main, or principal, use of the lot on which the building is situated.

Business means engaging in the purchase, sale, barter or exchange of goods, wares, merchandise, or services; the maintenance or operation of offices or recreational or amusement enterprises.

Canopy means any open, permanent roof-like accessory structure which is not attached or part of a principal building.

Casino means an establishment whose primary use or activity is gambling, either in the form of gambling machines (video poker, keno, etc.), card games or other licensed gambling activity. A casino will normally have beverage and restaurant facilities as accessory uses. In all instances, an establishment will be considered a casino for the purpose of these regulations if any of the following characteristics apply:

(1)

The establishment is referenced as a casino by signage, advertisement or by name.

(2)

More than one card table is on the premises, and/or

(3)

Six or more gambling machines are on the premises.

An applicant for a casino establishment must obtain a Montana state license to sell alcoholic beverages for consumption on the premises.

Club, private (nonprofit) means a nonprofit association of persons who are bona fide members, paying annual dues, which owns, hires or leases a building, or a portion thereof, the use of such premises being restricted to members and their guests.

Co-location (collocation) means the use of a wireless telecommunications facility by more than one wireless telecommunications provider. The placement of an antenna by two or more wireless service providers on a common antenna supporting structure, or the addition of antennas on an existing structure. The term does not include roof-mounted or surface-mounted wireless facilities.

Common ownership means ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or ownership by different corporations, firms, partnerships, or unincorporated association in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity or unincorporated association.

Community center means a building or portion of a building used for nonprofit cultural, educational, recreational, religious or social activities which is open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency, including private clubs, fraternity, sorority, and lodge.

Community residential facility means a single residential structure including:

(1)

A community group home for developmentally, mentally, or severely disabled persons, which does not provide skilled or intermediate nursing care.

(2)

A youth foster home or other facility for care of minors as defined in MCA.

(3)

A halfway house operated in accordance with regulations of the State Department of Public Health and Human Services for the rehabilitation of alcoholics or drug dependent persons.

(4)

A licensed adult foster care home; and

(5)

Assisted living facility defined in MCA.

Where a limitation of eight or fewer residents is imposed for the purpose of defining the necessary review process to establish this use, the operator of a residential facility, members of the operator's household or persons employed as staff shall not be counted as residents.

Compatible development means the use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the Town's adopted growth policy. Elements of compatible development include, but are not limited to: variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.

Compatible land use means a land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials.

Conditional use means a public or private use as listed in this chapter which, because of its unique characteristics, cannot be properly classified as a principal use or accessory use in a particular district. After consideration in each case of the impact of such use upon neighboring land, and of the public need for the particular use at the particular location, a permit for such conditional use may or may not be granted, with or without conditions, pursuant to the requirements of this chapter.

Conditional use permit means legal authorization to construct, develop or operate a conditional use as defined by this chapter.

Construction means the act of adding to an existing structure or erecting a new principal or accessory structure.

Convenience food restaurant means an establishment whose principal business is the sale of foods, frozen desserts or nonalcoholic beverages to the consumer in a ready-to-eat state for consumption either within the premises or for carry-out with consumption either on or off the premises and whose design or principal method of operation includes both of the following characteristics:

(1)

Foods, frozen desserts or nonalcoholic beverages are usually served in containers.

(2)

The customer is not served food at his/her table by an employee but receives it at a counter, window, or similar facility for carrying to another location for consumption either on or off the premises.

Convenience use means retail commercial uses which have relatively high traffic generation rates per 1,000 square feet compared to other commercial uses. A use is designated as a convenience use if the method of operation includes one or more of the following characteristics:

(1)

Retail motor fuel is sold.

(2)

The primary business is the sale of food or drink for consumption, either on or off premises, over a counter, or from an outdoor service window or automobile service window. Of the food or drink sold, at least 20 percent is served containers; or

(3)

Drive-in and drive-through restaurants.

Crematorium means an establishment used for arranging, managing and conducting funerals and memorial services and the storage and preparation of the human deceased for cremation, which contains a properly installed cremation chamber that meets all applicable state and federal regulations and has obtained all applicable state and federal permits and licenses to operate.

Data center means a repository that houses computing facilities like servers, routers, switches and firewalls, as well as supporting components like backup equipment, fire suppression facilities and air conditioning.

Day care center means a place in which supplemental care is provided to nonresident persons on a regular basis and which is licensed by the State of Montana.

Demolition means any act or process that destroys, in part or whole, a structure or archaeological site.

Development means any man-made change to improve or alter real estate, including but not limited to, subdivision of land, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

Drive access means that area between the curb of a street, or edge of the traveled portion of a street when no curb exists, and the right-of-way/property line over which the Town will permit vehicular travel from the traveled portion of a street to an individual property or off-street parking space(s).

Drive-in business means any business in which people are provided a service or a product, where a sale is made without the customer being required to leave the vehicle. Such businesses include, but are not limited to, drive-in theater, drive-in bank, freestanding automated teller machine, drive-in laundry or dry-cleaning pickup station, drive-in restaurant and any business offering take-home food services.

Dwelling means a building, or portion thereof, meeting the requirements of the town's adopted International Building Code and used by one household, as defined by this chapter, for residential purposes. Dwelling occupancy duration is typically longer than 30 continuous days. Dwellings may exist in many configurations, including single-household, two-household, multiple-household dwellings, and group homes. Dwellings do not include hotels, motels, extended stay lodgings or tourist homes.

Efficiency unit means a dwelling unit containing only one habitable room as defined and regulated by the most recently adopted International Building Code.

Essential services (Type I) means water pumping stations; storm water drainage facilities (including collection lines, retention/detention ponds and drainage ways); sanitary sewer and storm sewer lift stations; public domestic water storage facilities; water fill stations for firefighting equipment; local service telephone lines and cables; local service electrical distribution lines and cables; local service gas distribution lines; local service cable television lines; local service electronic data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public and amateur radio antennae and towers.

Essential services (Type II) means pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); solar power generation facilities; telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities; other accessory facilities, equipment and structures; and police and fire stations.

Extended stay lodgings means guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation including but not limited to such facilities as refrigerators, stoves and ovens. Generally, an individual guest will not exceed 30 days stay. This definition includes dwelling units used, rented or hired out for vacation homes.

Final decision means the final action of an agency, board, commission, or council when no further action is available before such agency, board, commission, or council.

Final site plan means the final scale drawings of a preliminarily approved development and any other required information, the approval of which by the planning director indicates that the required conditions for approval have been met.

Food processing facility means a facility in which food is processed or otherwise prepared for eventual human consumption but not consumed on the premises.

Freestanding signs means a sign principally supported by one or more columns, poles, or braces placed in or upon the ground. May also be referenced as a ground or monument sign.

Front line of building means the line of the face of a building nearest the front lot line.

Front yard means a yard extending across the full width of the lot between two side lot lines, the depth of which is the least distance between the street right-of-way and the front building line.

Garage, private means a detached accessory building, or portion of a main building, designed or primarily used for the storage of self-propelled vehicles for the household housed in the building to which such garage is accessory.

Garage, public means any building or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles; or where such vehicles are equipped for operation, repaired, or kept for rental, hire or sale.

Governing body means the governing authority of a town or town organized pursuant to law. In the Town of Whitehall, the town council is the governing authority.

Grade means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distance from the wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of the building and the property line if it is less than five feet distance from the wall. If walls are parallel to and within five feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley, or public way. "Finished surface of the ground" shall not include window wells, stairwells, or other similar features, but shall include features such as usable patio areas.

Greenhouse means a building or structure constructed chiefly of glass, glass-like translucent material, cloth, lath or similar materials which is devoted to the protection or cultivation of flowers or other plants.

Gross acreage means the total area of a parcel including the area of perimeter street rights-of-way to the centerline of the street.

Growth policy means an official public document adopted and used by a local government as a general guide for development and conservation decisions. It is not a regulation; rather, it is an official statement of public policy to guide growth and change. The required and optional elements of a growth policy are listed in MCA.

Health and exercise establishments means an establishment designed and equipped for the conduct of sports, exercise activities and other customary and usual recreational activities, including tennis, racquetball, handball and squash courts, martial arts, gymnastics, weight and aerobic exercise rooms, running facilities, swimming pools, yoga, sport dancing, and whirlpool and sauna facilities. Permitted accessory uses shall include childcare, sun tanning booths, massage, health and nutrition counseling services, retail sales of sporting goods and restaurant services.

Home based business means any business, occupation or activity undertaken for gain within a residential structure that is incidental and secondary to the use of that structure as a dwelling. Home based businesses are subject to the requirements of this chapter.

Hospital means an institution for the diagnosis, treatment or other cure of human ailments and which may include a sanitarium or clinic, provided such institution is operated by, or treatment is given, under direct supervision of a physician licensed to practice by the State of Montana.

Hotel or motel means a building or a group of buildings in which lodging is provided and offered to transient guests for compensation; shall not include a boarding house, extended stay lodgings, lodging house or rooming house.

Household means a person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities:

(1)

Any number of people related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship;

(2)

Not more than four unrelated people, including persons enrolled in an institution of higher learning.

(3)

Two unrelated people and any children related to either of them; or

(4)

Not more than four people who are:

a.

Residents of a "Community Residential Facility" as defined in MCA and this chapter; or

b.

"Handicapped" as defined in the Fair Housing Act, 42 USC §3602 (h). This definition does not include those persons currently illegally using or addicted to a "controlled substance" as defined in the Controlled Substances Act, 21 USC §802 (6).

(5)

"Household" does not include:

a.

Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, cooperative housing or like organization.

b.

Any group of individuals whose association is temporary or seasonal in nature; or

c.

Any group of individuals who are in a group living arrangement as a result of criminal offenses.

Incidental means any action or use of less importance, or secondary to, any other action or use.

Light construction means any change not construed as an alteration or repair, including paving of established driving and parking areas; construction of patios not greater than 120 square feet in size; construction of sidewalks not wider than five feet; and landscaping (but not including major changes in grading or site surface drainage).

Local services means all services provided by governmental bodies for the benefit of citizens. These services include, but are not limited to, police, fire, water, recreation, streets, parks, libraries, schools, and wastewater and solid waste collection and disposal.

Lot means a piece, parcel, plot, tract, or area of land in common ownership created by subdivision or its legal equivalent for sale, lease or rent. A lot has the characteristics of being able to be occupied or capable of being occupied by one or more principal buildings, and the accessory buildings or uses customarily incidental to them, and including the open spaces required under this chapter, and having its principal lot frontage on a street. When one or more lots are held in common ownership they shall be treated as a single lot for the purposes of development review and evaluation of compliance with the standards of this chapter.

Lot area means the total horizontal area within the boundary lines of a lot.

Lot measurements.

(1)

Lot depth means the horizontal distance of a line measured at a right angle to the front lot line and running between the front lot line and rear lot line of a lot.

(2)

Lot width means the distance as measured in a straight line, between side lot lines at the points of intersection with the required front building line.

(3)

Lot frontage means the horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abuts a street shall be considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage.

(4)

Lot area means the total horizontal area within the boundary lines of a lot.

Lot types.

(1)

Corner lot means a lot at a junction of, and fronting on, two or more intersecting streets.

(2)

Interior lot means a lot other than a corner or through lot.

(3)

Double frontage or through lot means a lot having frontage on two parallel, or approximately parallel, streets.

(4)

Reverse frontage lot means a double frontage or through lot that is not accessible from one of the parallel or nonintersecting streets on which it fronts.

Lot line, front means in the case of an interior lot, a line separating the lot from the street, in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street and in the case of a double frontage or through lot, a line separating the lot from the street from which a drive access may be permitted by the town. A corner lot may have more than one front lot line if the building faces the longer frontage while more than 75 percent of the lots within the same block face the narrow frontage.

Lot line, rear means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side means any lot boundary line not a front lot line or a rear lot line.

Lot line, zero means a concept utilized to permit a structure or wall of a building to be located on a property line.

Lot width means the distance as measured in a straight line, between side lot lines at the points of intersection with the required front building line.

Manufactured home means a factory-built, single-household structure that is manufactured under the authority of 42 USC §5401, the National Manufactured Home Construction and Safety Standards Act, is built on a permanent chassis, and is used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. This definition specifically does not include recreational vehicles. Any dwelling meeting the definition of modular home is not a manufactured home.

Manufactured home lot or space means a lot for rent or lease in a manufactured housing community designated for the accommodation of one manufactured home and its accessory buildings or structures for the exclusive use of the occupants.

Manufactured home stand means that area of a lot for rent or lease which has been prepared for the placement of a manufactured home in a manufactured home community.

Manufactured home community means any piece of real property under single ownership or control for which the primary purpose is the placement of two or more manufactured homes for permanent residential dwellings and for the production of income. A manufactured housing community does not include real property used for the display and sale of manufactured units, nor does it include real property used for seasonal purposes only, as opposed to year-round occupancy. Home sites within the community are leased to individual homeowners, who retain customary leasehold rights.

Manufacturing means the creation of products either with machinery or by hand according to an organized plan and with the division of labor.

Manufacturing, light means fabrication of and/or assembly of goods from previously prepared materials.

Medical offices, clinics and centers means an establishment where patients are admitted for special study and treatment by licensed health care professionals, including acupuncturists and chiropractors.

Micro (ten-foot) building- or structure-mounted wireless telecommunication facility (micro (ten-foot) facility) means a non-free standing, non-ground mounted facility consisting of small antennae mounted on building or structure which were not built or intended primarily for the purpose of housing, supporting, or locating a wireless telecommunication facility. Any foundation, platform or structure built solely or primarily for the purpose of housing, supporting, or locating a wireless telecommunication facility is considered a ground-mounted facility. This facility is less than ten feet in height from the base to the highest point, including attachments. When calculating the height of a facility, other structures designed for other uses such as buildings or water towers shall not be included in the calculation.

Mini-warehouse (warehouse, residential storage) means a building or group of buildings in a controlled access and fenced or screened compound that contains relatively small storage spaces of varying sizes and/or spaces for recreational vehicles or boats, having individual, compartmentalized and controlled access for the dead storage of excess personal property of an individual or household generally stored in residential accessory structures, when such building or group of buildings are not located on the lot of the residence.

Mobile home means a transportable, manufactured structure, suitable for year-round single-household occupancy and having water, electrical and sewage connections similar to those of conventional dwellings. This definition applies only to units constructed prior to the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Compare with the definition of manufactured home.

Modular or sectional home means a dwelling unit meeting the standards of the International Building Code which was mass produced in a factory, designed and constructed for transportation to a site for occupancy when connected to the required utilities and when permanently anchored to a permanent foundation, whether intended for use as an independent, individual unit or in combination with other units to form a larger building, and which does not have integral wheel, axles or hitch. For the purposes of locating a dwelling according to the standards of this chapter there is no distinction made between a dwelling constructed wholly or partly off-site and a dwelling constructed on-site so long as they meet the standards of the town's adopted International Building Code.

Mortuaries, funeral homes means an establishment used for arranging, managing and conducting funerals and memorial services; the storage and preparation of the human deceased for burial, and viewing the deceased for rituals and ceremonies connected therewith before burial or cremation; excluding cemeteries, crematoriums, and columbaria.

New construction means development commenced on or after the effective date of the ordinance codified in this chapter.

Nonconforming structure means any structure which was legal prior to the effective date of the ordinance codified in this chapter which fails to comply with the building location standards, and/or size requirements of the applicable zone of this chapter in which it is located.

Nonconforming use means an existing use of land or building which was legal prior to the effective date of the ordinance codified in this chapter but which fails to comply with the requirements set forth in this chapter applicable to the zone in which such use is located.

Nursery, plant means facilities for commercial development, growth, and sale of plants and/or for the utilization of and storage of equipment for landscaping operation and wholesale and/or retail or commercial gardening supplies.

Occupancy means a document issued by a local building or zoning authority to the owner of premises attesting that the premises have been built and maintained according to the provisions of building or zoning ordinances. A certificate of occupancy is evidence that the building complies substantially with the plans and specifications that have been submitted to, and approved by, the local authority. It complements a building permit - a document that must be filed by the applicant with the local authority before construction to indicate that the proposed construction will adhere to zoning laws.

Offices means buildings or portions of buildings in which commercial activities take place but where goods are not produced, sold or repaired. These include but are not limited to general and professional offices; governmental offices; insurance offices; real estate offices; taxicab offices (but not taxi stands); travel agency or transportation ticket offices; telephone exchange; utility offices; radio broadcasting and similar uses.

Opencut mining means activities conducted for the primary purpose of sale or utilization of materials, including:

(1)

Mine site preparation;

(2)

Removing the overburden and mining directly from the exposed natural deposits or mining directly from natural deposits of materials;

(3)

Processing of materials mined from the natural deposits, except that processing facilities located more than 300 feet from where materials were mined or are permitted to be mined are not part of the opencut operation;

(4)

Transporting, depositing, staging, and stockpiling of overburden and materials unless the activity occurs more than 300 feet from where the materials were mined or are permitted to be mined;

(5)

Storing or stockpiling of materials at processing facilities that are part of the opencut operation;

(6)

Reclamation of affected land; and

(7)

Parking or staging of vehicles, equipment, or supplies unless:

a.

The activity is separated from other opencut operations by at least 25 feet and is connected to the opencut operation by a single road that is no more than 25 feet wide;

b.

The activity is inside the construction disturbance area shown on a construction project plan.

Open space means a land or water area devoid of buildings and other physical structures except where accessory to the provision of recreation, including but not limited to benches, picnic tables and interpretive signage.

Open space, usable means that space which is capable of being used by the public for recreation, relaxation and social purposes. Parking lots and perimeter landscaping are specifically excluded from this definition of usable open space.

Parapet means that part of the wall which extends above the roof. For the purposes of this chapter relating to signage, the top of the parapet shall be considered to be the roofline.

Park means, for the purposes of this chapter only, park means an open space, as defined in this chapter, under the ownership or other legal control of the Town of Whitehall which provides area for active and passive recreational purposes.

Parking area means an area, other than a street or alley designated for use, or used, for temporary parking of vehicles.

Parking space, off-street means a space designated for the temporary parking of a motor vehicle not on the right-of-way or alley but accessible from a street or alley.

Permitted use means a use which is lawfully established in a particular district or districts and which conforms with all requirements, regulations, and performance standards of such district. A permitted use may be a principal use, an accessory use, or a conditional use.

Personal and convenience services means businesses offering services such as barbershops, beauty shops, tailors, shoe repair, tattooing, massage, laundromats, laundry and dry-cleaning pickup and delivery stations, and similar uses. Some production of finished goods may occur as an activity accessory to the delivery of services.

Personal property means property, other than real property, consisting of things temporal and movable.

Persons means includes any individual or group of individuals, corporations, partnerships, associations, or any other organized group of persons, including state and local governments and agencies thereof.

Planned unit of development (PUD) means 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.

Planning board means the Whitehall Planning Board.

Plaza means an area generally open to the public on a controlled basis and used principally for passive recreational activities and relaxation. Plazas are paved areas typically providing amenities such as seating, drinking and ornamental fountains, art, trees and landscaping for use by pedestrians.

Principal use or structure means a use or structure which determines the predominant or major use of the lot on which it is located. The principal use shall be that use which establishes the character of the property relative to surrounding or adjacent properties.

Portable storage container means a container fabricated for the purpose of transporting freight or goods on a truck, railroad or ship, including cargo containers, shipping containers, storage units, or other portable structures that are placed on private property and used for storage of items, including, but not limited to, clothing, equipment, goods, household or office fixtures or furnishings, materials and merchandise.

Projecting sign means a sign other than a wall sign that is attached to or projects more than 18 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign.

Property owner means any person, firm, corporation, or other entity shown as being the legal owner of a tract, parcel, or lot in the records of the county clerk and recorder.

Property owners association means an association incorporated or not incorporated, combining individual property ownership with shared use or ownership of common property or facilities, or shared maintenance of subdivision or community facilities. This definition includes condominium associations.

Public building means a building, supported by government funds, to be used in an official capacity on behalf of the entire community.

Public health and safety means a condition of optimal well-being, free from danger or injury, for a community at large, not merely for an individual or small group of persons.

Public improvement means any structure or facility constructed to serve the residents of a subdivision or the general public such as parks, streets, sidewalks, curbs, gutters, street lighting, utilities and systems for water supply, sewage disposal and drainage.

Public street or road means a street or road for which the right-of-way has been dedicated to the public.

Real property means property consisting of buildings and/or land.

Rear yard means a yard extending across the full width of the lot between the two side lot lines the depth of which is the distance required by this chapter between the rear property line and the rear building line.

Recreational vehicle means a vehicular type portable structure without permanent foundation, which is built on a single chassis; which is designed to be self-propelled or permanently towable by a light duty truck; primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes less than eight feet in width and 50 feet in length.

Recreational vehicle park means a plot of ground upon which two or more sites are located, established, or maintained for occupancy by the general public as temporary living quarters for travel, recreation or vacation purposes.

Recreational vehicle space means a lot for rent or lease within a recreational vehicle park designed for the placement of a single recreational vehicle and the exclusive use of its occupants.

Relocation means any movement of a structure, on the same site or to another site.

Repair means any change not otherwise construed as light construction or an alteration, as herein defined, that constitutes replacing broken, worn or damaged materials with like, not necessarily identical, materials and is insignificant to the size and condition of the structure or property. Repainting and reroofing shall be included under this definition of repair.

Required front building line means the line nearest to the front and across a lot establishing the minimum open space to be provided between the front line of a building and the front lot line. See also definition of "setback line".

Required rear building line means the line nearest to the rear and across a lot establishing the minimum open space to be provided between the rear line of a building and the rear lot line. See also definition of "setback line."

Required side building line means the line nearest to the side and extending between the required front building line and required rear building line establishing the minimum open space to be provided between the sideline of a building and the side lot line. See also definition of "setback line".

Required yard means the minimum dimension of a front, side or rear yard as established by the use regulations for each district.

Restaurant means any restaurant (except a drive-in restaurant or a convenience food restaurant as defined in this chapter), coffee shop, cafeteria, short-order café, luncheonette, sandwich stand, drugstore and soda fountain serving food.

Retail means the rental or sale of tangible personal property for any purpose.

Retail, large scale means the sale of tangible personal property for any purpose where the total area utilized by a single tenant, exclusive of parking, occupies 40,000 square feet or more.

Right-of-way means a linear public way established or dedicated for public purposes by duly recorded plat, deed, easement, grant, prescription, condemnation, governmental authority or by operation of the law and intended to be occupied by a street, crosswalk, railroad, electric transmission lines, water line, sanitary sewer line, storm sewer line or other similar uses.

School means any 1) pre-primary, primary or grammar, public, parochial or private school or high school; 2) preparatory school or academy, public or founded, or owned or conducted by or under the sponsorship of a religious or charitable organization; 3) private preparatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high schools for preparation of admission to college or universities which award B.A. or B.S. degrees; 4) junior college or university, public or founded, or conducted by or under the sponsorship of a religious or charitable organization; or 5) private school when not conducted as a commercial enterprise for the profit of individual owners or stockholders.

Screening means a method of visually shielding or obscuring an abutting or nearby structure or use from another through the use of solid or nearly solid barriers (e.g., wall, fence, plantings, berms).

Second or subsequent front yard or corner side yard means a yard on a corner lot extending across the full width/length of the lot between the front lot line and the side/rear lot line, the depth of which is the least distance between the street right-of-way and the building line.

Setback means the distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly to the property line.

Setback line means that line that is the required minimum distance from the street right-of-way or public access easement line or any other lot line that establishes the area within which structures must be placed, as specified in this chapter.

Sewer, public means any sanitary sewer line owned and maintained by the town, whether or not installed by the town.

Shared access means a fixed automotive and pedestrian access location from a street to two or more adjoining properties which mutually have the right and ability to use the access, and which has been established by an easement or other legally binding means.

Side yard means a yard extending between the front building line and the rear building line, the width of which is the least distance between the side lot line and the nearest part of the principal building.

Site plan means a scale drawing showing the accurate location of all structures, streets, alleys and parking areas, existing and proposed, on subject property or any other information as may be required by this chapter.

Stacked parking means parking of one or more vehicles one behind the other or bumper to bumper.

Stealth means any wireless telecommunications facility which is disguised to appear as another natural or artificial object that exists in the surrounding environment or which is architecturally integrated into a building or other structure. Architecturally integrated with existing buildings, structures, and landscaping means including height, color, style, massing, placement, design, and shape, and which does not stand out as a wireless telecommunications facility when viewed with the naked eye. The use of monopines or other monotree type structures shall not be considered appropriate unless integrated into the surrounding landscape with the use of live, mature trees, new or existing structures or other design features. The use of color shall not be considered appropriate unless integrated with new or existing structures or other design features.

Street means a right-of-way, dedicated or otherwise legally established, for public use by motorized and non- motorized vehicles and pedestrians, usually affording the principal means of access to abutting property.

Street frontage means any property line separating a lot from a street other than an alley; the front lot line.

Street, public means any street which has been dedicated to or is otherwise publicly owned. Any street not a public street shall be deemed a private street.

Street types means for the purposes of these regulations, street types are defined as follows:

(1)

Alley means a street used primarily for vehicular access to the rear of properties which abut and are served by public or private streets.

(2)

Arterial means 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 limited access to adjacent land. Arterial streets are generally designated in the growth policy or transportation plan, however, streets not depicted in such may be designated as arterials by the town engineer.

a.

Principal arterial means serves the major centers of activity, the highest traffic volume corridors, and the longest trip distances in an urbanized area. This group of streets carries the highest proportion of the total traffic within the urban area with typical loads of 10,000 to 35,000 vehicles per day. Most of the vehicles entering and leaving the urban area, as well as most through traffic bypassing the central business district, utilize principal arterials. Significant intra-area travel, such as between central business districts and outlying residential areas, and between major suburban centers, are served by major arterials.

b.

Minor arterial means interconnects with and augments the urban principal arterial system. It accommodates trips of moderate length and at a somewhat lower level of travel mobility than principal arterials, and it distributes travel to smaller geographic areas. With an emphasis on traffic mobility, this street network includes all arterials not classified as principal arterials while providing access to adjacent lands. Minor arterials typically carry 5,000 to 15,000 vehicles per day.

(3)

Collector means a street or road that provides equal priority to the movement of traffic, and to the access of residential, business, and industrial areas. This type of roadway differs from those of the arterial system in that the facilities on the collector system may traverse residential neighborhoods. The system distributes trips from the arterials to ultimate destinations. The collector streets also collect traffic from local streets in the residential neighborhoods, channeling it into the arterial system. Collectors typically carry 2,000 to 10,000 vehicles per day. Collector streets are typically designated in the growth policy or transportation plan, however, streets not depicted in such may be designated as collectors by the Town Engineer.

(4)

Cul-de-sac means a street having only one outlet for vehicular traffic and terminating in a turnaround area.

(5)

Dead-end street means a street having only one outlet for vehicular traffic.

(6)

Half-street means a portion of the width of a street, usually along the outside perimeter of a subdivision, where the remaining portion of the street must be located on adjacent property.

(7)

Local streets means a street having the primary purpose of permitting access to abutting lands and connections to higher systems. Generally, service to higher speed traffic movements are intentionally discouraged. They typically carry 1,000 to 3,000 vehicles per day but can carry in excess of 6,000.

(8)

Loop means a local street which begins and ends on the same street, generally used for access to properties and to control traffic access to arterials or collectors.

Structure means anything constructed or erected which requires location on the ground; and for the purposes of floodplain review anything which may impede, retard, or alter the pattern of flow of water in a floodplain.

Structural alteration means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any change in the exterior walls or the roof.

Substantial damage means damage sustained by a structure where the cost of restoring the structure to its condition before damage would equal or exceed 60 percent of the market value of the structure before the damage occurred as determined by Jefferson County's last equalized assessment roll.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 60 percent of the market value of the structure either:

(1)

Before the improvement or repair is started; or

(2)

If the structure has been damaged, and is being restored, before the damage occurred.

(3)

For the purposes of this definition, substantial improvement is considered to occur when the first construction to any wall, ceiling, floor or other structural part of the building commences. The term does not include:

a.

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

b.

Any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places.

Telecommunication means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

Temporary/portable sign means an outdoor sign not affixed to a building nor permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to: banners; signs attached to a chassis designed to be transported by means of wheels (whether or not the wheels are removed is immaterial); A- or T-frame signs; inflatable signs; and signs attached or painted on vehicles (including trailers) parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business occurring on the premises.

Temporary use means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

Tiny dwelling unit means 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 means §76-2-302, MCA.

Total antenna area means total antenna area shall be computed by adding the area of each individual antenna together for the total. In the case of a two-sided antenna, the area shall be computed as including only a single side. In the case of any spherical, conical, or cylindrical antenna, one-half of the total surface area shall be computed as the area of the antenna.

Tower (wireless telecommunications tower) means a free-standing structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures. These structures include but are not limited to a lattice tower or monopole. A lattice tower is a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top. A monopole is a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

Town means the Town of Whitehall.

Town council means the governing body of the Town of Whitehall.

Townhouse means a dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or more dwelling units, each located on its own lot. A townhouse does not share common floors/ceilings with other dwelling units.

Townhouse cluster means a building consisting of three or more non-communicating, attached one-household units placed side by side and/or back to back, with no unit located over another, and having a common wall between each two adjacent dwelling units.

Use means the employment or occupation of a building, structure or land for a person's service, benefit, or enjoyment.

Variance means a modification or variation of the provisions of this chapter as applied to a specific piece of property.

Violation means the failure of a structure, subdivision, use of land or other development to be fully compliant with this chapter.

Warehouse means an enclosed building designed and used primarily for the storage of goods and materials.

Watercourse means any stream, river, creek, drainage, waterway, gully, ravine or wash in which some or all of the water is naturally occurring, such as runoff or springs, and which flows either continuously or intermittently and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow.

In the event of a braided or other multiple channel configuration of a watercourse, the area of the watercourse shall be that area lying between the two outermost high-water marks, as defined in this chapter. The term watercourse shall not be construed to mean any facility created exclusively for the conveyance of irrigation water or storm water. The town may consult with other agencies with expertise in this matter when there is a question of whether a particular water body is a watercourse.

Wetland means areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. The provisions contained in these regulations do not apply to wetlands created by a wholly man-made water source used for irrigation purposes or storm water control.

Wholesale means the sale of goods and merchandise for resale instead of for direct consumption.

Wireless telecommunications equipment shelter (equipment shelter, shelter, equipment enclosure, enclosure) means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

Wireless telecommunications facility means Federal Communication Commission (FCC) - licensed facility, designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless telecommunication devices and equipment. An unstaffed facility typically consisting of an equipment enclosure, an antenna support structure, and one or more antennae. For purposes of this ordinance, amateur radio transmission facilities, essential services (Type I and Type II), satellite earth stations, and facilities used exclusively for receive-only antennas are not classified as wireless telecommunications facilities. Wireless telecommunication facilities shall include the word(s) "facility", "communication facility", telecommunication facility", "wireless communication facility", "wireless telecommunication facility", and "wireless facility".

Yard means a space on the same lot with a principal building, which is open and unoccupied from the ground upward or from the ground downward other than by steps, walks, terraces, driveways, lamp posts and similar structures, and unobstructed by structures, except as otherwise provided in this chapter. A yard shall be the same as or greater than any required yard setback.

Zoning commission means the Whitehall Zoning Commission.

Zoning map means a map or maps with all notations, dimensions, references, and symbols shown thereon depicting individual zoned districts in accordance with this chapter.

(Amendment of 8-12-2024(1))