Chapter 11.02 : General Provisions

Sections:

11.02.010 Title
11.02.020 Separability
11.02.030 Repealing Clause
11.02.040 Definitions

11.02.010 Title. This title and all chapters herein shall be known and cited as the Zoning Ordinance of the city and be referred to as the Zoning Regulations Title of the Official Code of the city of Belgrade, Montana.

11.02.020 Separability. Where any word, phrase, clause, sentence, paragraph, or section, or other part of these regulations is held invalid by a court of competent jurisdiction, such judgement shall effect only that part held invalid.

11.02.030 Repealing Clause. Ordinance Number 466 of the City of Belgrade, Montana, is hereby repealed in its entirety. All ordinances of the City of Belgrade conflicting or inconsistent with this ordinance are hereby repealed.

11.02.040 Definitions. For the purpose of this title, certain terms and words are defined as follows: Words used in the present tense shall also include the future; words or phrases used in the singular shall also include the plural, and words used in the plural shall also include the singular; the word "building" includes structure and "structures" includes building; the words "used" or "occupied" shall include within their meaning the words "intended, arranged, or designed to be used or occupied". The word "person" shall include corporation, partnership, or other legal entity. Where other definitions are necessary and are not defined herein, the city council may define such terms.

(1). Accessory Use of Building. The use of land or a subordinate building or a portion of a main building such use being secondary to or incidental to the principle use or structure.

(2). Access/Driveway. Access/driveways are the means by which vehicles enter and exit the required off-street parking spaces between the street right-of-way/property line and the off-street parking space. Access/driveways will be surfaced in the same manner as the off-street parking area that it serves to a minimum width of (9) nine feet.

(3). Adult Bookstore. An establishment or business:

(a). Which has, as a portion of its stock in trade, or which sells, offers or exhibits for sale, any books, magazines, periodical, writings, pictures, photographs, motion pictures, video tapes, or recordings, records of tape recording, defined as "obscene" by section 45-8-202(2), MCA, which definition is by this reference incorporated herein;

(b). Or, which presents or shows motion pictures, movies, video tapes reproductions or similar visual material, defined as "obscene" by section 45-8-201(2), MCA, which definition is by this reference incorporated herein, regardless of the seating capacity of such establishment or business and regardless of whether such materials are presented or shown either to persons in a group or to persons individually in separate booths or viewing areas;

(c). And, which regularly excludes any persons by reason of their age.

(4). Agriculture. The tilling of soil, the raising of crops, horticulture and gardening, dairying, or animal husbandry, including all uses customarily incidental thereto, but not including any agriculture industry or business such as fruit packing plants, fur farms, animal hospital, commercial feed lots, or similar use.

(5). Alley. A narrow service way, not less than twenty (20) feet wide, which is open to public travel and dedicated to public use, affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.

(6). Apartments. A building or portion thereof designed with more than four individual dwelling units, which are built, rented, leased, let, or hired out to be occupied on a permanent basis as distinguished from a transient occupancy basis.

(7). Automobile/Junk. Any auto, truck, or other motor vehicle which is inoperative due to a lack of wheels, motor, running gear, portions of the body work, or any combination thereof.

(8). Automobile Wrecking. The act of dismantling or wrecking of used motor vehicles, or trailers, or the storage, sale, or dumping of dismantled, or partially dismantled, obsolete, or wrecked motor vehicles or other parts.

(9). Automobile Wrecking Yard. The use of any lot, portion of a lot, or tract of land for the storage, keeping, sale, or abandonment of automobiles or other motor vehicles.

(10). Bed and Breakfast Inn. An owner occupied commercial facility which provides temporary accommodations and meals for compensation. A Bed and Breakfast Inn will have no more than five (5) bedrooms for rent, and will supply meals only to registered guests and to the immediate family members who live in the facility. It is the intent of this ordinance that Bed and Breakfast Inns serve only as temporary accommodations and not as a long term residence for the guests (stays limited to less than 30 days).

(11). Boarding (Lodging or Rooming) Houses. A building, or portion thereof, other than a hotel, rest home, or home for the aged where lodging and/or meals exclusive of the operator's immediate family are provided for compensation.

(12). Building. Any structure built for support, shelter, or enclosure of person, animals, chattels, or property of any kind.

(13). Building Height. The vertical distance from the average elevation of the proposed finished grade at the front of a building to the highest point of a flat roof, the deck line of the mansard roof, and the mean height between eaves and ridge for gable, hip and gambrel roofs.

(14). Building Inspector. That official designated by the city council as the official responsible for accepting, reviewing and approving, or rejecting plans for buildings and applications for building and land use permits and for interpretations and enforcement of ordinances related thereto.

(15). Caretaker's Residence. A single family residence placed in conjunction with and/or attached to a land use that requires 24-hour care in order to protect the livelihood of a business. If detached, structure shall be of a temporary, moveable nature such as a manufactured or modular home, and be reviewed by the city as a conditional use as set forth in Section 11.21.050 of this code.

(16). Child Care Facilities. A person, association, or place, incorporated or unincorporated, that provides supplemental parental care on a regular basis to children twelve (12) years of age or younger. It includes a family day care home and a child care facility. It does not include a person who limits care to children who are related to him by blood or marriage or under his legal guardianship, or any group facility established chiefly for educational purpose. More specifically defined as follows:

(a). "Family Day Care Home" means a private residence in which supplemental parental care is provided for compensation to three (3) to six (6) children, no more than three (3) children under two (2) years of age from separate families on a regular basis-including the provider's own children who are less than six (6) years of age.

(b). "Group Day Care Home" means a private residence in which supplemental parental care is provided to seven (7) to twelve (12) children on a regular basis including the provider's own children who are less than six (6) years of age.

(c). "Child Care Facility" means a place, other than a private residence, in which supplemental parental care is provide to children on a regular basis including the provider's own children who are less than six (6) years of age. It may include facilities known as nurseries, and centers of the mentally retarded.

(17). Church. A building designed for public worship by any religious body.

(18). Clinic. A place used for the care, diagnosis and treatment of sick, ailing, infirmed, or injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room or kept overnight on the premises.

(19). Clubs (Fraternal Lodges). Buildings and facilities owned and operated by a corporation, associations, person, or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

(20). Commercial Kennel. Any lot, premise, structure, or building where six or more dogs or six or more cats of at least six months of age are kept.

(21). Conditional Use. See definition Use, Conditional.

(22). Condominium/Townhouse.

(a). Condominium. Ownership in common with others of a parcel of land and certain parts of a building, together with individual ownership in fee of a particular unit or apartment in such building, which he may sell, mortgage, or devise as he could with a single-family dwelling that he owned.

(b). Townhouse. Ownership of a parcel of land with an attached single-family dwelling unit that is connected with other similar dwelling units but separated from the other similar dwelling units by a common party wall having no doors, windows, or other provisions for human passage or visibility.

(23).Contractor's Yard. Open spaces use for the storage of machinery, equipment, material, and supplies used by the contractor in the pursuit of his business. This is intended to be a yard owned or leased by a contractor engaged in some kind of construction work.

(24). Density. The total number of dwelling units allowed per gross acre.

(25). Dwelling. A building or portion thereof designed with living quarters for occupancy by one or more families.

(26). Dwelling, Duplex. A detached building designed as two structurally joined dwelling units and occupied exclusively by one family per dwelling unit living independently of each other, and with separate entrances.

(27). Dwelling, Multi-Family. A building designed with three to four structurally joined units, and occupied exclusively by one family per dwelling unit living independently of each other, and with separate entrances.

(28). Dwelling, One-Family. A building designed with living quarters for occupancy by one family only, and containing one dwelling unit on a lot.

(29). Dwelling Unit. A building or portion thereof providing separate cooking, eating, sleeping, and living facilities for one family and its resident domestic employees.

(30). Family. Any individual, or two or more persons related by blood or marriage, or a group of not more than four persons (excluding servants) who need not be related by blood or marriage, living together as a single non-profit housekeeping unit.

(31). Floor Area. The total number of square feet of floor space within the exterior walls of a building (floor areas of basements shall not apply as part of the required minimum floor area of buildings).

(32). Garage, Automotive/Vehicular Repair. Any building or premises use for the major repair of motor vehicles as a commercial business, but not including auto wrecking or storage of wrecked motor vehicles. Repair activity shall be conducted in enclosed places or screened from public view.

(33). Gasoline Service Stations. Any building or portion thereof and the land upon which it its situated used for supplying fuel and/or oil for motor vehicles at retail direct to the consumer and/or making minor vehicle repairs.

(34). Home Occupation. The use of a dwelling or accessory structure, in a residential area, as an office, studio or work room for occupations at home, shall be divided in two categories, minor home occupations and major home occupations. Such categories shall be defined as follows:

Minor Home Occupation: A home occupation, which is both managed and owned by a family member residing on the premises, which has no visible exterior evidence of the conduct of the occupation, which does not generate additional traffic, does not require more than 300 square feet and in which no equipment is used other than normally used in household, domestic, or general office use.

Major Home Occupation: A home occupation, which is both managed and owned by a family member residing on the premises, which have an attached nameplate or sign, not to exceed two square feet and may create a need of off-street parking, may generate additional traffic, and require equipment other than normally used in household, domestic or general office use.

(35). Hospital. An institution providing health services, primarily for in patients and medical or surgical care of the sick or injured, including out-patient departments, training facilities, central service facilities staff offices.

(36). Hotel. A building containing six or more rooms designed for and rented out for sleeping purposes for transients and where only a general kitchen and dining room are provided in the building or in an accessory building.

(37). Industry. The manufacture, fabrication, processing, reduction, or destruction of any article, substance or commodity, or any other treatment thereof, in such a manner as to change the forms, character, or appearance thereof, including but not limited to the following: animal hospitals, bottling plants, building or contractors yards, cleaning and dyeing establishments, creameries, dog pounds, junkyards, lumberyards, milk bottling and distribution stations, stockyards, storage elevators, truck storage yards, warehouses, wholesale storage, and other similar types of enterprises.

(38). Landscaping. The placement of ornamental fixtures such as fountains, ornamental walls, fences, benches, along with vegetative planting or trees, shrubs, grasses, flowers, etc. This definition shall also include the designing of the placement of such materials.

(39). Loading Berth-Off-Street. An off-street space or berth on the same lot with a principal building for the parking of a commercial vehicle while loading or unloading merchandise and which has direct access form a public street of alley.

(40). Lot. A parcel or plot of land shown as an individual unit of ownership on the most recent plat or record of subdivision.

(41). Lot, Corner. A lot situated at the junction of and abutting on two or more streets.

(42.) Lot, Coverage. The total area of a lot covered by the principal and accessory buildings.

(43). Lot Lines. The lines bounding a lot as defined herein.

(44). Lot Width. The width of a lot along a line parallel to the frontage thereof and lying a distance equal to the required front yard setback on such a lot.

(45). Manufactured Home. A factory built or manufactured transportable residential structure more than thirty-two (32) body feet in length and eight (8) feet or more in width, and built on one or more permanent chassis for towing to the point of use, and designed to be used without a permanent foundation as a dwelling unit when connected to sanitary facilities, and which bears an insignia issued by a state or federal regulatory agency indicating that manufactured home complies with all applicable construction standards of the United States Department of Housing and Urban Development definition of manufactured home. The phrase "without permanent foundation" indicated that the support system is constructed with the intent that the manufactured home placed thereon can be moved from time to time at the convenience of the owner. A commercial coach, recreational vehicle, and motor home is not a manufactured home.

(46). Manufactured Home Park. A parcel of land that has been planned and improved for the placement of manufactured homes for residential units.

(47). Master Plan. Master Plan shall include any document or portion of any document duly adopted by the City Council which is intended to guide the growth and development of the area.

(48). Modular Home. A factory-fabricated structure designed primarily for human occupancy to be use by itself or to be incorporated with similar units at a building site into a structure on a permanent foundation and which complies with the Montana Building, Plumbing, Electrical, and Mechanical Construction Codes and the rules and regulations for modular housing of the Building Code Division of the Montana Department of Administration. The term is intended to apply to major assemblies and does not include prefabricated panel, trusses, plumbing, trees, and other prefabricated sub-elements which are to be incorporated into a structure at the site.

The meter base for incoming wiring is attached to the exterior wall or the modular home; whereas, for a manufactured home, the meter base must be attached to a pole or a support which is isolated from the structure. The units shall be listed and assessed by the County Assessor as real or personal property.

Modular homes which meet the Uniform Building Code will be considered the same as conventional homes for the purpose of this ordinance.

(49). Motel. See Hotel.

(50). Nonconforming Use or Structure. A use or structure which lawfully occupied a building or land at the time this ordinance or any amendments become effective and which does not conform with the use regulations of the zone in which it is located.

(51). Nursing Home. A building or portion thereof used for the housing of and caring for the ambulatory, aged, or infirm by a professional staff.

(52). Outdoor Advertising Display. Any card, paper, cloth, metal, wooden or other display or device of any kind or character, including but not limited to same to any poster, bill printing, painting or other advertisement of any kind whatsoever, including statuary, placed for outdoor advertising purposes or on the ground or any tree, wall, rock, fence, building, structure, or thing.

Outdoor advertising display DOES NOT INCLUDE:

(a). Official notices issued by any court of public body or officer;

(b). Notices posted by any public officer in performance of a public duty or by any person in giving legal notice;

(c). Directional, warning or informational structure required by or authorized by law or by Federal, State, County, or City authority.

(53). Parking Lots. A structure or an area, other than a public street or alley, designed or used for the temporary parking of motor vehicles and available for public use whether free, for compensation, or an accommodation for customers or clients.

(54). Parking Space, Off-street. A space located off any public right-of-way which is at least nine feet by eighteen feet in size for parking of any motor vehicle, with room to get out of either side of the vehicle, with adequate maneuvering space, and with access to public streets or alleys.

(55). Professional (Business) Offices. Offices to be occupied by accountants, architects, dentists, doctors, engineers, lawyers, insurance agents, real estate agents, or other professions which are of similar nature. Professional Offices shall not display stock or wares in trade, commodities sold, nor any commercial use conducted other than those professional business uses described above.

(56). Prohibited Uses. Prohibited uses in specific zones are those uses not specifically enumerated as permitted uses. Prohibited uses are listed in this ordinance for the purposes of clarity and emphasis only. Prohibited uses mentioned include, but are not limited to the enumerated prohibited uses.

(57). Public and Quasi-Public Buildings. Public and Quasi-Public buildings shall include public, semi-public, and private elementary schools, high schools, civic buildings, community buildings, and uses, museums, art galleries, fire houses, post offices, police stations, reservoirs, senior and youth centers, libraries, parks, hospitals, sanitariums, institutions for philanthropic or charitable purposes other than correctional, essential services and similar uses.

(58). Recreational Vehicles. A vehicle, self-propelled or towed designed as a temporary dwelling for travel, recreation and vacation uses. Towed recreational vehicles shall not be more than eight feet in body width.

(59). Recreational Vehicle and Travel Trailer Park. Any area or tract or land rented or held out for rent to one or more persons or users for parking or placement of temporary recreational vacation housing.

(60). Restaurant. A public eating house which does not provide curbside or automobile service.

(61). Retail Sales. An establishment selling goods, wares, or merchandise directly to the ultimate consumers.

(62). Rooming House. See Boarding House.

(63). Rooming Unit. See Unit, Rooming.

(64). Screened. Concealed or cut off from direct visual contact.

(65). Setback. The horizontal distance required between any structure and a lot line. This distance to be measured at right angles to the lot line. The setback line shall be parallel with the lot lines.

(66). Shopping Center. One or more buildings containing at least three separate retail businesses planned, developed, and managed as a unit, with off-street parking provided on the property.

(67). Sign. Any face of any lettered or pictorial device and/or structure designed to inform or attract attention.

(68). Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

(69). Structural Alteration. Any change in the shape or size of any portion of a building or the supporting members of the girders, floor joist, or roof joist.

(70). Unit, Efficiency. An efficiency unit is a dwelling unit with unseparated areas for sleeping and/or cooking.

(71). Unit, Rooming. A rooming unit is a space for human occupancy lacking private bath and/or kitchen facilities.

(72). Use. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

(73). Use, Conditional. Uses, other than permitted uses, that may be allowed in a specific district, but requiring additional safeguards or conditions to maintain and assure the health, safety, morals, and general welfare or the community and to maintain the character of the district.

(74). Variance. The relaxation of the strict application of the terms of this title with respect to mechanical requirements such as setback requirements, yard requirements, area requirements, building height, parking and loading space requirements, etc. where specific physical conditions unique to the site of the lot would create an unreasonable burden by making its development for permitted uses difficult or impossible.

(75). Wholesale Establishment. An establishment for the sale of goods and merchandise for the resale instead of direct consumption.

(76). Yard, Front. An open space extending across the full width of the lot between the rear building line of the principal building and the front lot line.

(77). Yard, Rear. An open space extending across the full width of the lot between the rear building line of the principal building and the rear lot line.

(78). Yard, Side. An open space extending from the side building line to a side lot line running from the front to the rear of the lot.

(79). Zero Lot Line. The relaxation of the strict application of side yard requirements where two adjoining lot owners agree to the side yard reduction.

(80). Assisted Living Facility. Facility designed for frail elderly residents who need assistance with activities of daily living. Assisted living facilities should be designed to promote independence and provide personal care assistance according to individual needs in a home like environment. (Ord. 97-8)