HomeMy WebLinkAbout26074 Division 38.800 Definitions_Draft OrdArt. 8 Definitions - Page 1 of 41 -
Division 38.800. - TERMS AND INTERPRETATION
Sec. 38.800.010. - Definition of terms and interpretation of language.
A. Terms specifically defined in regulations issued by the department of justice and the department of
transportation to implement the Americans with Disabilities Act or in referenced standards have
those meanings. Terms defined in Title 76 MCA and applicable to the city have those meanings.
Otherwise, all words in this chapter must be first defined as provided in this division and, if not
defined herein, have the meaning established in 1.01.030 and if not defined there, have their
customary dictionary definitions as defined in collegiate dictionaries in the sense that the context
implies.
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 "must" 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, is construed to include the word "intended, arranged, or designed to be used or occupied";
the words "map" or "zoning map" mean the zoning map of the city that delineate the area to be
governed by these regulations.
C. For the purposes of this chapter certain words and terms used herein are defined as follows:
Sec. 38.800.020. - A definitions.
Access or access way. The place, means or way by which pedestrians and vehicles have adequate and
usable ingress and egress to property or use as required by this chapter.
Accessory building or use. 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.
Accessory dwelling unit. An accessory residential building, either attached or detached, which contains a
dwelling unit. Sec. 38.320.120.B for standards related to accessory dwelling units.
Activity. A thing that a person or group does or has done.
ADA. Americans with Disabilities Act.
Adaptive reuse. The development of a new use for an older building or for a building originally
designed for a special or specific purpose.
Administrative design review (ADR) staff. Certain members of the planning staff charged with the
design review, as defined in this division, of certain plans and proposals as specified in this chapter.
The organization, composition and procedures of the administrative design review staff are subject
to the requirements of 38.700.
Adult business. An establishment which advertises, trades, exchanges, transfers, sells, presents, shows,
offers or exhibits materials, activities, reproductions, likenesses, services and/or objects defined as
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obscene by MCA 45-8-201(2). Adult business as defined in this section include, but are not 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.
Affordable dwelling. A dwelling unit for rent that a developer has committed to making
affordable pursuant to 38.340.
Aggrieved party. A person who can demonstrate a specific personal and legal interest, as
distinguished from a general interest, who has been or is likely to be specially and injuriously
affected by the decision.
Agriculture. The cultivation or tilling of soil or use of other growing medium for the purpose of
producing vegetative materials for sale or for use in a commercial operation and/or the raising or
tending of animals for commercial sale or use. Agriculture does not include gardening for
personal use, keeping of house pets or animals as authorized under chapter 8, service animals as
defined by the Americans with Disabilities Act, or landscaping for aesthetic purposes.
Agricultural water user facility. Those facilities, which include but are not limited to ditches, pipes,
and other water-conveying facilities, which provide water for irrigation and stock watering on
agricultural lands, with said lands being defined in MCA 15-7-202.
Alley. A permanent public thoroughfare providing a secondary means of access to abutting lands
connecting two right-of-way streets.
Alteration.
A. 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.
B. The term "alteration" may apply to any act or process that changes the interior architectural features
of that portion of a public or private property commonly frequented by the general public, provided
said public or private property is located within a designated historic district or listed individually
on the National Register of Historic Places. However, changes upon interior elements of private
residences, regardless of their location or historic status, are not considered alterations as defined
in this section.
C. The term "alteration" further means any change or addition to a building within a regulated flood
hazard area that either increases its exterior horizontal dimensions or increases its potential flood
hazard; or means revisions or updates to a DNRC designated floodplain or floodway established
by MCA 76-5-101 et seq.
Amateur Radio Tower. A tower used exclusively for non-commercial amateur radio transmissions
consistent with the "Complete FCC U.S. Amateur Part 97 Rules and Regulations" for amateur
radio towers not to exceed 100 feet in height.
Amusement and recreation. Uses that provide continuous or periodic entertainment or recreational
activity.
Animal shelter. A facility providing care or boarding of domesticated animals, either for
compensation or as a public service.
Animated sign. A sign depicting action, motion, light, or color change, or that change the sign
displayed through electrical or mechanical means. Excludes those signs defined as revolving signs.
Antenna. Any apparatus designed for the transmitting and/or receiving of electromagnetic waves,
including telephonic, radio or television communications. Types of elements include
omnidirectional (whip) antennas, sectionalized (panel) antennas, wireline antennas, multi or single
bay (FM and TV), yagi, or parabolic (dish) antennas. 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).
Antenna array. A single antenna or group of antenna elements and associated mounting hardware,
transmission lines, or other appurtenances which share a common attachment device such as a
mounting frame or mounting support structure for the sole purpose of transmitting or receiving
electromagnetic waves.
Apartment. A habitable room or suite of two or more habitable rooms meeting the requirements of the
city's adopted International Building Code, located in an apartment building or used for residential
purposes in non-residential or mixed-use buildings located within non-residential districts, as
specified in this chapter. A studio unit is as an apartment under this definition. Townhouses and
rowhouses are excluded from this definition.
Appellant. An aggrieved person who has appealed the decision of an agency, board or commission to
another body designated herein by the filing of a notice of appeal.
Applicable non-discrimination laws. The Fair Housing Amendments Act of 1988, the Americans with
Disabilities Act, Section 504 of the Rehabilitation Act, the Montana Human Rights Act, and the
Montana Governmental Code of Fair Practices.
Applicant. A person who seeks a land use permit or other approval of a development proposal.
Architectural appearance. The architectural character and general composition of a structure,
including, but not limited to, the kind and texture of the building's materials and the type, design
and character of all windows, doors, light fixtures, signs and appurtenant exterior elements; and,
interior architectural detail including, but not limited to, floors, fixtures, hardware, ornamentation
and other elements that contribute to the building's architectural or historical significance.
Area of special flood hazard. The land in the floodplain within the community subject to inundation by
a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.
Articulation. The giving of emphasis to architectural elements (like windows, balconies, entries, etc.)
that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable
pieces. See 38.520.040 for articulation standards.
Articulation interval. The measure of articulation; the distance before architectural elements repeat.
See 38.520.040 for articulation standards.
Artificial obstruction/development. Any obstruction which is not natural and includes any dam,
diversion, wall, bank stabilization method, embankment, levee, dike, pile, abutment, projection,
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revetment, excavation, channel rectification, road, bridge, conduit, culvert, building, refuse,
automobile body, fill or other analogous structure or matter in, along, across or projecting into any
regulated flood hazard area that may impede, retard or alter the pattern of flow of water, either in
itself or by catching or collecting debris carried by the water, or that is placed where the natural flow
of water would carry the same downstream to the damage or detriment of either life or property.
Arts center and/or entertainment center. A structure or facility for the presentation of the
performing arts, including indoor motion picture theaters; theaters for live performances; indoor
concert halls; and studios for arts education, such as dance or painting. Also includes entertainment
activities such as arcades; bowling alleys or pool halls. The term "arts and entertainment center"
does not include any business meeting the definition of adult business as defined by this chapter.
Automobile fuel sales or repair. The use of a site for the direct sale of fuel to the end user, or for the
repair of automobiles, non-commercial trucks, motorcycles, motor homes, recreational vehicles or
boats. The term “automobile fuel sales or repair” 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. A building which has its primary purpose as washing automobiles.
Such facilities are 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. A roof-like structure, which is generally composed of a skeletal frame, covered in a fabric or
other skin-type material, and typically opens 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 is considered to be a wall sign.
Sec. 38.800.030. - B definitions.
Base flood. A flood having a one percent chance of being equaled or exceeded in any given year. A
base flood is the same as a 100-year flood.
Base flood discharge. The flow rate of a flood having a one percent chance of being equaled or
exceeded in any given year.
Base flood elevation. The elevation above sea level of the base flood in relation to the vertical datum
used in a FEMA flood insurance study or a flood hazard evaluation.
Base station. Equipment and non-tower supporting structure at a fixed location that enable wireless
telecommunications between user equipment and a communications network. Examples include
transmission equipment mounted on a rooftop, water tank, silo or other aboveground structure other
than a tower. The term does not encompass a "tower" as defined herein or any equipment associated
with a tower. "Base station" includes, but is not limited to:
Equipment associated with wireless telecommunications services such as private, broadcast, and
public safety services, as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul;
Radio transceivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and
comparable equipment, regardless of technological configuration (including distributed antenna
systems (das) and small cell networks);
Any structure other than a tower that, at the time the application is filed, supports or houses
equipment described in this definition that has been reviewed and approved under the applicable
zoning or siting process, or under another City regulatory review process, even if the structure was
not built for the sole or primary purpose of providing such support.
"Base station" does not include any structure that, at the time the application is filed under this
section, does not support or house wireless communication equipment.
Basement. A portion of a building located partly underground but having not less than half its floor-to-
ceiling height below the grade of the adjoining ground. For purposes of 38.600, a basement includes
any floor elevation that is more than two feet below the lowest adjacent grade of a building on all
sides.
Bed and breakfast. A single-household dwelling which remains owner-occupied at all times
providing one or more guest rooms for compensation, and where food service is limited to
breakfast which may be served to overnight guests only.
Bike shed. The area within which a bicyclist can reasonably travel to a destination in approximately 3
miles or 20 minutes, using existing and planned bicycle routes - both on-street and off-street - that
meet locally adopted design and safety standards.
Blank wall. A ground floor wall or portion of a ground floor wall that does not meet the transparency
requirements of the applicable zoning district. See 38.260.140.B for blank wall treatment standards.
Breakpoint technology. The engineering design of a monopole, or any applicable support structure,
wherein a specified point on the monopole is designed to have stresses concentrated so that the point
is at least five percent more susceptible to failure than any other point along the monopole so that in
the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than
at the base plate, anchor bolts, or any other point on the monopole.
Building. Any structure having enclosed space and a roof for the housing and/or enclosure of persons,
animals or chattels.
Building area. The maximum horizontal projected area of the principal and accessory building,
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 setback requirements measured from the actual
lot line.
Building envelope. The three-dimensional volume on a lot lying between the front, side and rear
setback lines and between ground level and the maximum allowable building height, amounting to
the area available for potential building construction.
Building frontage. The maximum dimension of the building front measured on a straight line parallel to
the street, but excluding façades facing alleys or drive aisles.
Business. A commercial enterprise carried on for profit; a particular occupation or employment
habitually engaged in for livelihood or gain.
Built environment. Man-made or modified structures that provide people with living, working, and
recreational spaces.
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Sec. 38.800.040. - C definitions.
Caliper. The diameter of a tree measured 12 inches above ground level. For multi-trunk trees, the
caliper is the average of all trunk calipers
Canopy. Any open, permanent roof-like accessory structure which is not attached or part of a principal
building.
Canopy tree. A species of tree which normally bears crown foliage no lower than six feet above ground
level upon maturity.
Carport. A structure, open on at least two sides, consisting of a roof and either walls or columns for the
purpose of housing automotive vehicles and other chattels. The structure must be considered as an
accessory building when detached from the principal building and as a part of the principal building
when attached to the principal building along one or more sides of the carport or principal building.
Cash-in-lieu. An alternative method of mitigation for development impacts in place of construction of
infrastructure, provision of water rights, or dedication of land.
Casino. 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 may
have beverage and restaurant facilities as accessory uses. 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. 15 or more gambling machines are on the premises.
Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including
crematories, mausoleums and mortuaries when operated in conjunction with and within the
boundary of such cemetery.
Certificate of appropriateness. A permit issued by the pertinent review authority indicating its
approval of plans to alter or construct a structure or alter a site within the Neighborhood
Conservation Overlay District.
Certificate of survey. A drawing of a field survey prepared by a registered land surveyor for the
purpose of disclosing facts pertaining to boundary locations.
Certified by a professional engineer. Certification of work produced by a duly qualified and licensed
professional engineer through the placement of the professional engineer's signed stamp.
Channel. The geographical area within either the natural or artificial banks of a watercourse or
drainway.
Church. A building, together with its accessory buildings and uses, where persons regularly assemble
for religious worship, and which building, together with its accessory buildings and uses, is
maintained and controlled by a religious body organized to sustain public worship.
City. The City of Bozeman.
City commission. The City Commission is the governing body of the City of Bozeman.
Civic use. Public buildings or uses, including, but not limited to, college/university facilities, congregate
postal facilities, schools, government offices, libraries, assembly uses, police stations, and fire
stations.
Club, private (nonprofit). 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.
Collocation. The mounting or installation of transmission equipment on an eligible support structure
for the purposes of transmitting and/or receiving radio frequency signals for communications
purposes so that installation of a new support structure will not be required. The placement of an
antenna by two or more wireless service providers on a common antenna-supporting structure, or
the addition or replacement of antennas on an existing structure. The term "collocation" does not
include roof-mounted or surface-mounted wireless facilities or the placement of other antenna on
an amateur radio tower antenna.
Commercial message. Any sign, wording, logo or other representation that directly or indirectly names,
advertises or calls attention to a business, product, service or other commercial activity.
Common open space. Undeveloped land within a subdivision that has been designated, dedicated,
reserved or restricted in perpetuity from further development and is set aside for the use and
enjoyment by residents of the development. Common open space may not be part of individual
residential lots. It must be substantially free of structures, but may contain historic structures and
archaeological sites, and/or recreational facilities for residents, including but not limited to benches,
picnic tables and interpretive signage as indicated on an approved development plan. Stormwater
control facilities for the benefit of the subdivision may also be located within common open space.
Common ownership. 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 the owner's
family owns an interest in each corporation, firm, partnership, entity or unincorporated association.
Community center. 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. Examples of
community centers are schools, churches, Boys and Girls Clubs, and similar uses. Community center
does not include fraternities, lodges or similar uses.
Community garden. An area of land managed and maintained by a group of community members
used to grow and harvest food crops and/or nonfood, ornamental crops such as flowers, for personal
or group use, consumption, donation or sale, or for educational purposes. The private use of private
land (not intended to benefit the community at large) does not constitute a community garden.
Community residential facility. A facility licensed by the Montana Department of Public Health
and Human services including:
1. Those occupied by persons having developmental disabilities and living together for the
purpose of residential training, observation and/or common support, in which care is provided
on a 24-hour per day basis;
2. A community group home for developmentally, mentally or severely disabled persons which
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does not provide skilled or intermediate nursing care;
3. A youth foster home or other facility for care of minors as defined in MCA 52-2-601 et seq.;
4. 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;
5. A licensed adult foster care home;
6. An assisted living facility licensed under MCA 50-5-227;
7. A foster home, kinship foster home, youth shelter care facility, or youth group home
operated under the provisions of MCA 52-2-621 through 52-2-623.
8. A nursing home. An extended or intermediate care facility licensed or approved to provide full-
time convalescent or chronic care to individuals who, by reason of advanced age, chronic
illness or infirmity, are unable to care for themselves.
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 are not counted as residents, except that the total number of
all persons living at the facility may not exceed ten.
Concealed. A tower, ancillary structure, or equipment compound that is not readily identifiable as a
wireless facility and that is designed to be aesthetically compatible with existing and proposed
building(s) and uses on a site or in the neighborhood or area, in a manner acceptable to the City.
There are two types of concealed facilities: a) antenna attachments, including faux windows,
dormers or other architectural features that blend with an existing or proposed building or structure
and b) a freestanding concealed tower which looks like something else that is common in the
geographic region such as a church steeple, windmill, bell tower, clock tower, light standard,
flagpole with a flag that is proportional in size to the height and girth of the tower, or tree that grows
naturally or is commonly found in the area.
Conservation easement. The grant of a property right or interest from the property owner to the public
or nonprofit conservation organization stipulating that the described land must remain in perpetuity
in its natural and open state, precluding future or additional development (with the exception of any
allowable structures or facilities).
Contiguous. A parcel of land next to, abutting, adjoining or touching another individual parcel of land,
including tracts which are separated by public right-of-way.
Construction. The act of adding to an existing structure or erecting a new principal or accessory
structure; the act of building by combining or arranging parts or elements; the thing so built.
Convenience use. Retail commercial uses which have relatively high traffic-generation rates
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. 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 % is in disposable or carry-out containers; or
2. The use features a drive-in and/or drive-through component.
Cooperative household.
A. A cooperative household is a single housekeeping unit with five or more persons which exhibits
four or more of the following characteristics:
1. A shared strong bond or common commitment to a single purpose, such as members of a
religious order;
2. Are not legally dependent on others not living with them;
3. Can establish legal "domicile" as defined by state law;
4. Share a single household budget;
5. Share in the work of maintaining the premises;
6. Legally share in the ownership or possession of the premises, e.g., tenants in common on a deed
or cosigners of a single lease; or
7. A relationship of a permanent and distinct character with a demonstrable and recognizable bond
characteristic of a cohesive unit.
B. Cooperative housing does not mean any society, club, fraternity, sorority, association,
lodge, organization or other individuals with a common living arrangement or whose basis
for the establishment of the housekeeping unit is for a period of less than 12 months.
Covenant. An agreement that restricts the land and binds present owners and subsequent grantees and
complies with MCA 70-17-2.
Crawlspace. For purposes of, a building enclosure that has its interior floor area no more than five feet
below the top of the next highest floor and no more than two feet below the lowest adjacent grade on
all sides.
Sec. 38.800.050. - D definitions.
Day care center. A place in which supplemental care is provided to 16 or more non-resident persons
on a regular basis and which is licensed by the state.
Day care home, family. A private residence in which supplemental care is provided to three to eight
non-resident persons from separate families on a regular basis.
Day care home, group. A private residence in which supplemental care is provided to nine to 15 non-
resident persons on a regular basis.
Dedication. The deliberate appropriation of land by an owner for any general and public use, reserving
no rights which are incompatible with the full exercise and enjoyment of the public use to which the
property has been devoted.
Demolition. Any act or process that destroys, in part or whole, a structure or archaeological site.
Departure. A provision allowing for applicants to propose alternative means of compliance
with a specific standard on a voluntary basis, provided they meet the purpose of the
standard. See 38.760.050 for procedures.
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Design review. The aesthetic evaluation of certain development proposals.
Developer. For purposes of 38.340, a developer is the person or legal entity, or their
successor(s) in interest who: (a) submits an affordable housing plan for a subject property
along with other submissions required for land use approvals, annexation, zoning, or permit
reviews by the city, or (b) is the owner of property subject to this division during the
development phase or a successor in title, such as a builder or subsequent property owner,
obligated to implement the affordable housing plan with respect to one or more lots or
parcels of land or (c) receives incentives for the production of low income affordable
housing.
Development. Any human-induced change to improve or alter real estate, including, but not limited
to, subdivision of land, buildings or other structures, artificial obstructions, mining, dredging,
filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
Development envelope. Area(s) on a lot within which grading, lawns, pavement and buildings will be
located.
Development review committee. That committee created by 38.700 and charged with reviewing designated
plans and proposals.
Deviation. A modification of physical standards of this chapter as applied to a specific piece of property located
within the neighborhood conservation overlay district.
Diameter Breast Height (DBH). The diameter of a tree at 4.5 feet above the ground.
Director. Community development director of the City of Bozeman and planning administrator per the
Montana Land Use Planning Act.
Directional sign. An on-premises sign which is intended to convey information regarding the
location of specific features of the site or to convey on-premises regulations including
transportation and circulation regulations.
Disabled person. A person who has a medical, physical or mental condition that limits a major life
activity, anyone who is regarded as having such a condition or anyone who has a record of having
such a condition, and includes persons who have a handicap or a physical or mental disability as
defined in applicable non-discrimination laws.
Division of land. The segregation of one or more parcels of land from a larger tract held in single or
undivided ownership by transferring, or contracting to transfer, title to a portion of the tract, or
properly filing a certificate of survey or subdivision plat establishing the identity of the segregated
parcels pursuant to this chapter and the Montana Land Use Planning Act. The conveyance of a tract
of record or an entire parcel of land that was created by a previous division of land is not a division
of land.
DNRC. Montana Department of Natural Resources and Conservation.
Drainway. Any depression two feet or more below the surrounding land serving to give direction to a
current of water less than nine months of the year and having a bed and well-defined banks. Water
flowing in a drainway may originate by natural or artificial means.
Drive access. 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 city will permit vehicular travel from
the traveled portion of a street to an individual property or off-street parking space.
Drive-in business. 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 no
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. A building, or portion thereof, meeting the requirements of the city’s adopted International
Building Code and used by one household, as defined by this article, for residential purposes.
Dwellings may exist in many configurations, including single-unit, two-unit, multiple-unit dwellings
and group living. Dwellings do not include hotels or motels.
Dwelling unit. One or more rooms designed for or occupied exclusively by one household.
Sec. 38.800.060. - E definitions.
Easement. A grant by a property owner to the public, a specific person or persons, other than the owner,
for a right to use land for a specific purpose or purposes.
Effective base flood elevation. The base flood elevation contained in the effective FEMA flood
insurance study and its effective hydraulic model, including any effective FEMA revisions thereto.
Effective regulatory floodway. The regulatory floodway contained in the effective FEMA flood
insurance study and its effective hydraulic model, including any effective FEMA revisions thereto.
Elevated building. A building without a basement that has it lowest elevated floor raised above ground
level by foundation walls, shear walls, posts, piers, pilings or columns. A building on a crawlspace
is considered an elevated building.
Eligible facilities request. Any request for modification of an existing tower or base station that
does not substantially change the physical dimensions of such tower or base station,
involving: (i) collocation of new transmission equipment; (ii) removal of transmission
equipment; or (iii) replacement of transmission equipment.
Eligible facility. Existing wireless tower or base station that has been approved through a local
government land use review process prescribed for the tower or base station.
Enclosure. For the purposes of 38.600, that portion below the lowest elevated floor of an
elevated building that is either partially or fully shut in by rigid walls, including a crawlspace,
sub grade crawlspace, stairwell, elevator, or a garage below or attached.
Encroachment. For purposes of 38.600 any use, activity, or artificial obstruction within the regulated flood
hazard area.
Encroachment analysis. A hydrologic and hydraulic analysis performed by a qualified professional
engineer to assess the effects of a proposed use, activity, or artificial obstruction on the base flood
elevation, flood flows and flood velocities.
Engineer (registered professional engineer). A person licensed in conformance with the Montana
Professional Engineers Registration Act (MCA 37-67-101 through 37-67-332) to practice
engineering in the state.
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Equipment compound. The fenced in area surrounding, inside or under a ground based wireless
communication facility containing ancillary structures and equipment (such as cabinets, shelters,
pedestals and generators) necessary to operate a wireless facility that is above the base flood
elevation.
Engineering division. Engineering Division of the City of Bozeman's Department of Transportation
and Engineering.
Essential services (Type I). Small-scale and below ground facilities, equipment and structures
required for the provision of immediate customer service of public and quasi-public services
within the city. Additional items may be determined by the community development director to
be appropriately included in this definition. These facilities, equipment and structures include:
1. Public water distribution lines.
2. Public sanitary sewer collection lines.
3. Stormwater drainage collection lines, stormwater drainage retention/detention ponds, and
drainageways.
4. Fire hydrants.
5. Electric service:
Below ground distribution and local transmission lines, cables and appurtenances.
Above ground distribution and local transmission lines, cables and appurtenances no
greater in height than the minimum required by the National Electric Safety Code (NESC)
plus 15 %.
Electric vehicle chargers inside of buildings; or outside of buildings and providing 240 volt
or less individual station charging capacity.
6. Natural gas service:
Below ground distribution lines and appurtenances.
Below ground transmission lines and appurtenances.
Natural gas regulator/valve stations and appurtenances, with no above ground buildings.
7. Communications services:
Below ground telephone lines and cables.
Below ground cable television lines.
Below ground electronic data transmission lines and cables.
8. Above ground utility boxes, not to exceed 20 square feet in footprint.
9. Single user building-mounted solar energy facility, and associated storage.
10. Public and amateur radio antennae and towers.
Essential services (Type II). Facilities, equipment and structures required for the provision of
neighborhood level public and quasi-public services within the city. Additional items may be
determined by the community development director to be appropriately included in this definition.
Specific facilities, equipment and structures include:
1. Public water storage facilities; and pumping stations.
2. Public sanitary sewer or storm sewer lift stations.
3. Water fill stations for firefighting equipment.
4. Electric service:
a. Transmission lines, cables and appurtenances operable prior to September 3, 1991
including the repair and replacement of the same as necessary to maintain their operation.
b. Transmission lines, cables, and appurtenances 161 kV or less and no greater in height than
the minimum required by the National Electric Safety Code (NESC) plus 25 %, other than
those included in Essential Services (Type I).
c. Shared building-mounted solar energy facility, or other on-site generation, building
mounted and associated storage.
d. Electric vehicle charger outside of a building and providing charging capacity greater
than allowed as an Essential Service (Type I).
5. Natural gas service:
a. Natural gas regulator/valve stations and appurtenances, with above ground buildings not
to exceed 150 square feet.
6. Communications services, except those included in essential services (Type 1), including
above ground buildings not to exceed 150 square feet:
a. Telephone lines and cables.
b. Cable television lines.
c. Electronic data transmission lines and cables.
7. Above ground utility boxes, from 20—150 square feet, except those included in essential
services (Type I).
8. Shared heating and cooling systems serving multiple buildings.
Essential services (Type III). Community-scale facilities, equipment and structures required for the
provision of public services not otherwise listed as an essential services (Type I or II).
1. Public water treatment.
2. Sanitary sewer treatment.
3. Storm sewer treatment.
4. Police and fire stations.
5. Battery energy storage systems, electric substations and electrical transmission lines, cables
Page 14 of 41
and appurtenances, except those included in essential services (Type I) or essential services
(Type II).
6. Natural gas regulator/valve stations and appurtenances, with above ground buildings in excess
of 150 square feet.
7. Communications including but not limited to telephone satellite community dial offices;
telephone exchanges and repeater stations, except those facilities which may be considered
wireless facilities.
8. Gasoline, oil and coal pipelines.
9. Shared ground-mounted solar energy facility, and associated storage.
Establish. To construct, place, insert or excavate.
Evergreen tree or shrub. A tree or shrub of a species which normally retains its leaves/needles
throughout the year.
Existing artificial obstruction or nonconforming use. For purposes of 38.600, an artificial obstruction or
nonconforming use that lawfully existed prior to the initial creation of city floodplain regulations on March
19, 1975, or any repeal and replacement or amendment thereto.
Existing base flood elevation. The base flood elevation computed by hydraulic modeling of the
base flood discharge within the floodplain of the flooding source in its current existing
condition.
Existing building or structure. For purposes of, any buildings or structures for which the start of construction
commenced before the effective date of the applicable flood insurance rate map.
Existing manufactured home park or subdivision. A manufactured home park or subdivision where
the construction of facilities for servicing the manufactured home lots is completed before the
effective date of the floodplain management regulations. This includes, at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads.
Existing regulatory floodway. The regulatory floodway computed by hydraulic modeling of the
base flood discharge within the floodplain of the flooding source in its current existing
condition.
Existing wireless facility. A constructed tower or base station is "existing" for purposes of this
chapter if it has been reviewed and approved under an applicable City land use review process.
"Existing" also includes a tower that was lawfully constructed but not reviewed because it was
not in a zoned area when it was built.
(Ord. No. 2057, § 6, 3-9-2021)
Sec. 38.800.070. - F definitions.
Façade. The entire building front or street wall face of a building extending from the grade of the
building to the top of the parapet or eaves and the entire width of the building elevation.
Farm stand. An accessory table, area, structure, or kiosk for the sale of food crops, products, and/or nonfood
items such as ornamental crops (i.e. flowers). See 38.320.120.C for related standards.
FEMA. Federal Emergency Management Agency.
Final decision. The final action of an agency, board or commission when no further action is available before
such agency, board or commission.
Final plat. The final drawing of a subdivision and dedication required by this chapter and the Montana
Land Use Planning Act to be prepared for filing for record with the clerk and recorder, and
containing all elements and requirements set forth in this chapter and the Montana Land Use
Planning Act.
Final plan. The final scale drawings of a preliminarily approved development and any other required
information, the approval of which by the review authority indicates that the required conditions for
approval have been met.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally
dry lands from the overflow of a stream, or the unusual and rapid accumulation or runoff of
surface waters from any source.
Flood fringe. The portion of the floodplain of the regulated flood hazard area that is outside the limits
of the regulatory floodway.
Flood insurance rate map. The official map used for flood insurance risk ratings and other regulatory
purposes on which FEMA has delineated special flood hazard areas of the base flood as well as
other flood hazard areas.
Flood insurance study. The official report containing technical information used to produce official
flood insurance rate maps in which FEMA provides base flood discharges, base flood profiles,
floodway data tables, hydraulic modeling, and other related flood hazard information.
Flood of 100-year frequency. A flood magnitude that has a one percent chance of occurring in any
given year. The base flood.
Floodplain. Areas generally adjoining a watercourse or drainway that would be covered by the base
flood. The floodplain is a regulated flood hazard area and may be partitioned into a regulatory
floodway and flood fringe where specifically designated.
Floodplain Act. The Montana Floodplain and Floodway Management Act, MCA 76-5-101 et seq.
Floodplain administrator. Community official with authority to administer and implement the
provisions of 38.600. The floodplain administrator has been designated by the city commission to
be the city engineer, who may delegate floodplain administrator duties to a member of the city
engineering division staff.
Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments
to buildings or structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, and building or structure contents.
Floodway. The channel of a stream and the adjacent overbank areas that must be reserved in order to
discharge a base flood (100-year flood) without cumulatively increasing the water surface elevation
more than one-half foot.
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Footcandle. A unit of light intensity stated in lumens per square foot and measurable with an
illuminance meter.
Four-unit dwelling or fourplex. An individual building designed for four attached dwelling units in
which the separate dwelling units share a common separation, such as a ceiling or wall, and in which
access cannot be gained between the units through an internal doorway, excluding common
hallways.
Fraternity/sorority house. A group living facility occupied by and maintained exclusively for
fraternity or sorority members, their guests or visitors and affiliated with and acknowledged as a
fraternity/sorority house by an accredited institution of higher learning as defined in 38 U.S. Code
Section 3452; and which operates to provide assembly space for the regular activities of the
fraternity or sorority members.
Freestanding sign. Any sign supported by structures or supports that are placed on, or anchored in, the
ground and that are independent from any building or other structure.
Front setback. A setback extending across the full width of all sides of a lot that abuts a street.
Sec. 38.800.080. - G definitions.
Garage, private. 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. Any building or premises, except those defined herein as an individual 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.
General development plan. A scale drawing(s) or other documents showing the general location of
structures, uses, rights of way, parks, natural features, and utilities, existing and proposed, on subject
property or any other information as may be required by this chapter in association with a zone map
amendment to establish a general pattern and plan of development for the area within a planned
development zone.
General service establishment. A category of uses whose primary activity is the provision of
assistance, as opposed to products, to individuals, businesses, industry, government, and other
enterprises. Specific uses in this category include but are not limited to financial establishments,
postal and courier services, repair shops, laundries, veterinary clinics, and other services where
uses occur entirely within buildings, little or no outdoor storage, and no external impacts are
anticipated. This term also includes vehicular parking lots and garages.
Geographic search ring. An area designated by a wireless provider or operator for a new wireless
facility, produced in accordance with generally accepted principles of wireless engineering.
Ghost sign. A wall sign painted on the exterior wall of a building prior to June 22, 1997 and which
advertises a business, product or service no longer found at that location or an expired political
campaign.
Glare. The sensation produced by lighting that causes an annoyance, discomfort or loss in visual
performance and visibility to the eye.
Golf course. A recreational facility used primarily for playing a 9- or 18-hole outdoor golf. Includes
executive or par three golf courses, pitch and putt facilities, and associated support facilities such as
a clubhouse or driving range.
Grade. 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 must be the elevation of the sidewalk, alley or public way. The term
"finished surface of the ground" does not include window wells, stairwells or other similar features,
but does include features such as usable patio areas.
Green. An open space available for unstructured recreation, with landscaping consisting of maintained
grassy areas, trees and other vegetation.
Greenhouse. 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. The overall amount of area or number exclusive of any deductions.
Ground floor area. The square foot area of a building within its largest outside dimension computed on
a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces,
garages, exterior stairways and secondary stairways.
Groundcover. Low growing, perennial species that create a mat of continuous cover over the ground,
which makes it difficult for weeds to establish in the landscape.
Group living. A building, portion of a building or a complex of buildings under unified control and
management which contains facilities for living, sleeping, sanitation, eating and cooking for
occupancy for residential uses; and which does not otherwise meet the definition of another
residential use defined in this chapter. Eating and cooking areas may be shared in whole or part.
Guest house. An attached or detached accessory building used to house guests of the occupants of the
principal building, and which is never rented or offered for rent. Any guest house providing cooking
facilities (e.g., full-size dishwasher, more than a bar sink, or a stove, microwave, hot plate or similar
equipment) is subject to evaluation as a dwelling unit.
Sec. 38.800.090. - H definitions.
Health and exercise establishments. An establishment designed and equipped for the conduct of
sports, exercise activities and other customary and usual recreational activities, such as 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 include child care, sun tanning booths, massage, health and nutrition
counseling services, retail sales of sporting goods and restaurant services.
Heavy retail and service establishment. Retail and/or service activities that may have exterior service
or storage areas. This use category includes, but is not limited to sales of agricultural supplies,
building materials, manufactured homes, and heating fuels, truck stops, and outdoor display/sales.
Height of wireless facility. For placement of a wireless facility on an existing structure, the height is
Page 18 of 41
measured from the base of the wireless facility to the highest point of the wireless facility, including
any antenna, lighting rod, or other equipment affixed thereto.
High visibility street corners and gateway sites. All commercially zoned and REMU districts
intersecting an arterial or two arterial and collector street are defined as a high visibility street corner
and warrant special design standards set forth in 38.520.050.C.
Historic site. The location of a significant event, a prehistoric or historic occupation or activity where
the location itself possesses significant historic, cultural or archaeological value. The value of a site
must be based on the ability of the site to meet the eligibility requirements for historical significance
as described by the National Register of Historic Places and as approved by the city. The most
recent National Register Criteria for Evaluation as published by the U.S. Department of the Interior,
National Park Service are the basis for determining whether a property is eligible for historical
significance when a new or updated evaluation is prepared.
Historic structure. Any building or structure that is:
1. Listed in the State or National Register of Historic Places;
2. Designated as a historic property under local or state designation law or survey;
3. Certified as a contributing resource within a National Register listed or locally designated
historic district; or
4. Eligible, as determined by the City of Bozeman, to be listed on the National or State Register
of Historic Places either individually or as a contributing building to an existing or potential
historic district.
The most recent National Register Criteria for Evaluation as published by the U.S. Department of the
Interior, National Park Service are the basis for determining whether a property is eligible for
historical significance when a new or updated evaluation is prepared.
Home-based business. 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. See 38.320.120.F
for standards related to home-based businesses.
Hotel or motel. A building or a group of buildings in which lodging is provided and offered to transient
guests for compensation; the term "hotel or motel" does not include a bed and breakfast,
boardinghouse, lodginghouse, short term rental, or roominghouse.
Household. 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; or
3. Two unrelated people and any children related to either of them.
4. Any group of persons authorized by the federal fair housing act to occupy an individual
dwelling as a single housekeeping unit.
5. Persons or groups granted a request for a reasonable accommodation to reside as a single
housekeeping unit pursuant to 38.760.070.
6. "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;
c. Any group of individuals who are in a group living arrangement as a result of criminal
offenses; or
d. Any group of individuals living in a structure permitted as transitional or emergency
housing pursuant to this chapter.
Sec. 38.800.100. - I definitions.
Illuminance. The quantity of light measured in footcandles. The density of light on a surface when the
surface is uniformly illuminated.
Incidental. Any action or use of less importance, or secondary to, any other action or use.
Incidental sign. A sign, generally informational, that has a purpose secondary to the use of the zone lot
on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other
similar directives. No sign with a commercial message, which is designed with the intent to be
legible from a position off the zone lot on which the sign is located, will be considered incidental.
Infill. The development or redevelopment of vacant, abandoned, or underutilized properties within or
wholly surrounded by the City, and where water, sewer, streets, and fire protection have already
been developed and are provided. Infill is development proposed or located within land that has been
subdivided or otherwise developed, and annexed, for at least 35 years.
Institution - public, nonprofit, quasi-public. Any public, quasi-public, or private non-profit facility or
use which provides a cultural or other essential service to members of the public. This includes
public or private colleges and universities, post offices, museums, libraries, art galleries, and other
similar uses.
Irrigation. Supplemental water that is artificially applied to an area for the purpose of fostering plant
growth and health.
Irrigation district. A district established pursuant to Title 85, Chapter 7.
Sec. 38.800.110. - J definitions.
(Reserved).
Sec. 38.800.120. - K definitions.
(Reserved).
Sec. 38.800.130. - L definitions.
Land use permit. An authorization to complete development in conformance with an
application approved by the local government.
Land use plan. The land use plan and future land use map adopted in accordance with the Montana
Page 20 of 41
Land Use Planning Act including issue plans and area plans.
Landmark. A site, structure or object designated as a "landmark" pursuant to the procedures prescribed
in 38.240, that is worthy of preservation, restoration or rehabilitation because of its historic land
planning or architectural significance and officially recognized through listing in the National
Register of Historic Places. A landmark is subject to all neighborhood conservation overlay district
procedures and requirements.
Landscape architect. A person licensed to practice landscape architecture in the state.
Landscaped area. The area of a lot where landscaping has been or is proposed to be installed. It also
includes landscape design elements such as rock mulch and wood mulch. It does not include
footprints of buildings or structures, sidewalks, driveways, walkways, or other hardscaped areas,
such as decks or pervious pavers.
Landscaping. An area with vegetative plantings, such as shrubs, perennials, and turfgrass, creeping or
rooting groundcovers, seed mixes, or other living plants.
Large scale wireless facility. A wireless facility 25 feet or greater in height from the base to the highest
point including attachments. Examples of supporting structures are monopoles, self-supporting
(lattice) towers, guy-wire supported towers and other similar structures. When calculating the height
of a facility, other structures designed for other uses such as buildings or water towers may not be
included in the calculation.
Figure 38.800.130-1. Large scale wireless facilities.
Large tree. A tree of a species which normally reaches a height of 25 feet or more upon maturity, and
usually has a single stem.
Letter of map change. An official response from FEMA upon review of an application to amend or
revise the FEMA special flood hazard area or flood insurance study for purposes of flood insurance
ratings or flood hazard determinations. FEMA letters of map change include:
1. Letter of map amendment. A letter of determination from FEMA that amends the special
flood hazard area where a building or a portion of property is situated upon natural ground
Lattice Monopole Guyed
that is higher than the base flood elevation and is thus not subject to mandatory flood
insurance.
2. Letter of map revision based on fill. A letter of determination from FEMA that revises the
special flood hazard area on a property based on the placement of sufficient quantities of fill to
elevate the property or portion thereof above the base flood elevation. A building placed on fill
must have its lowest floor, including the bottom of a crawlspace, above the base flood elevation
to avoid mandatory flood insurance.
3. Letter of map revision—Floodway. A letter of determination from FEMA that revises the
special flood hazard where a building or a portion of property is located on natural ground that
is higher than the base flood elevation and has been inadvertently located within the regulatory
floodway and is thus not subject to mandatory flood insurance.
4. Letter of map revision. An official FEMA revision to the effective flood insurance study and
flood insurance rate map incorporating physical changes to the floodplain that alter the base
flood elevation and location of special flood hazard areas.
Levee. A embankment, usually earthen, designed and constructed in accordance with sound engineering
practices to contain, control or divert the flow of water to provide protection from temporary
flooding.
Levee system. A flood protection system that consists of a levee, or levees, and associated structures,
such as drainage and closure devices, which are constructed and operated in accordance with sound
engineering practices.
Light construction. Any change not construed as an alteration or repair, including paving of established
driving and parking areas (subject to the requirements of 38.530); 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).
Light fixture. A complete lighting unit consisting of a light source and all necessary mechanical,
electrical and decorative parts.
Light source. A single artificial point source of light that emits measurable radiant energy in or near
the visible spectrum.
Limited access. A way or means of allowing physical entrance to land at controlled locations or points.
A "no access" strip or line may be placed on a plat as a means of limiting access.
Local services. 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.
Lodginghouse. A building with not more than ten guest rooms where lodging with or without
meals is provided for compensation to persons not meeting the definitions of household,
community residential facility, cooperative household, group living, or other defined residential
use. Also referred to as a boardinghouse.
Lot. 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
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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 must be treated as a single lot for the purposes of development review and evaluation of
compliance with the standards of this chapter.
Lot line. A line which forms the boundary between a lot and any adjacent properties or rights-of-way.
Includes primary street, side street, side, rear, and alley lot lines. See 38.260.010.B for standards related to
lot line designation.
Lot measurements. Lot depth. 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.
A. Lot width. See 38.260.020 .
B. Lot frontage. All sides of a lot that abuts a street are frontage. On curvilinear streets, the arc
between the side lot lines is considered the lot frontage.
C. Lot area. The total horizontal area within the boundary lines of a lot.
Lot types.
A. Corner lot. A lot at a junction of, and fronting on, two or more intersecting streets.
B. Interior lot. A lot other than a corner or through lot.
C. Double frontage or through lot. A lot having frontage on two parallel, or approximately
parallel, streets.
D. Reverse frontage lot. A double frontage or through lot that is not accessible from one of the
parallel or non-intersecting streets on which it fronts.
Lot with residential adjacency. Any of the following:
1. A building site in a residential zoning district, if the site abuts or is directly across a street or
alley from a residential zoning district;
2. A building site in a non-residential zoning district, if the site abuts or is directly across a street
or alley from a residential zoning district.
Low-profile sign. A freestanding sign composed of a solid structure between finished grade and the
top of the sign. Also referred to as a monument sign.
Lowest floor. Any floor of a building including a basement used for living purposes, storage, or recreation.
This includes any floor that could be converted to such a use.
Sec. 38.800.140. - M definitions.
Macro wireless facility. A large scale wireless facility in excess of 50 feet in height.
Maintenance. For purposes of 38.600, customary and historical cleaning and removal of accumulated
silt, branches, trees, sticks and other debris as well as minor repair or restoration activities of
existing buildings, structures or artificial obstructions to the size, shape, position and height
existing immediately prior to deterioration that are not substantial improvements.
Manufacturing. The creation of products either with machinery or by hand according to an
organized plan and with the division of labor.
Manufacturing, artisan. Production of goods by the use of hand tools or small-scale, light mechanical
equipment occurring solely within an enclosed building where such production requires no outdoor
operations or storage, and where the production, operations, and storage of materials related to
production occupy no more than 3,500 square feet of gross floor area. Typical uses have
negligible negative impact on surrounding properties and include woodworking and cabinet
shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts, production of
alcohol, or food processing.
Manufacturing, heavy. The creation of products either with machinery or by hand according to an
organized plan and with the division of labor. These uses contain land use intensity impacts
typically associated with large industrial uses, their accessory outdoor storage uses, and large
building areas. This use category includes, but is not limited to wrecking yards, building material
manufacturing, chemical plants, concrete and asphalt plants, and freight facilities.
Manufacturing, light. Small scale fabrication of and/or assembly of goods from previously prepared
materials that occurs entirely indoors and features low levels of trucking access typical of standard
retail or general service establishments.
Manufacturing, moderate. Refers to a category of uses that accommodate moderate intensity
levels of manufacturing and assembly activities, storage, warehousing, services, associated
offices and similar uses. This use category includes, but is not limited to contractors, call
centers, textiles, wood products, printing, pharmaceuticals, machinery manufacturing, research
and development, regional distribution, and crematories. These uses may feature some outdoor
activities and/or storage and/or moderate levels of associated trucking access.
Mean sea level. The city's adopted vertical datum or other datum to which base flood elevations are
referenced.
Medical or dental offices, clinics and centers. An establishment where patients are admitted for
special study and treatment by licensed health care professionals, including acupuncturists, dentists,
and chiropractors. Includes public health facilities, hospitals, and other medical facilities not defined
elsewhere in this division.
Meeting hall. An enclosed hall, building, or portion of a building used for the purpose of hosting
conferences, banquets, luncheons, club meetings, and other similar public or private activities,
and not meeting the definition of community center.
Micro-scale wireless facility. A small wireless facility that is (i) not larger in dimension than 24 inches
in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not
longer than 11 inches and (ii) is mounted on a structure less than 10 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, may not be included in the calculation.
Mining. The extraction of sand, gravel or other material from the land in the amount of 400 cubic
yards or more and the removal thereof from the site without processing.
Ministerial permit. A permit granted upon a determination that a proposed project complies with the
applicable regulations and meets all established standards set forth in the applicable regulations. The
Page 24 of 41
determination must be based on objective standards, involving little or no personal judgment, and
must be issued by the planning administrator.
Minor subdivision. A subdivision that creates five or fewer lots from a tract of record.
Missing middle housing. A residential building containing two, three, or four dwellings in any
configuration, as well as townhouses and cottage housing.
Mitigation. Measures undertaken to avoid, minimize, rectify, reduce, or compensate for adverse impacts to the
natural or built environment.
Mixed-use building. A development containing residential and non-residential principal uses within the
same building, designed and operated as a unified project.
Modification to existing wireless facility. The addition, removal or change of any components to an
existing wireless facility, including equipment compound.
Monument (permanent monument). Any structure of masonry, metal or other permanent material
placed in the ground which is exclusively identifiable as a monument to a survey point, expressly
placed for surveying reference.
Mortuary. An establishment providing services involving the care, preparation, or arrangement of
human or animal remains, and conducting memorial services, other than a cemetery. Includes
crematorium, funeral home, and pet crematorium.
Multi-unit dwelling. A building designed for five or more attached dwelling units in which the individual
dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be
gained between the units through an internal doorway, excluding common hallways. In a mixed-use
building, any dwelling unit located within that mixed-use building is considered a multi-unit dwelling.
Mural. A visual representation using texture, colors, forms, or symbols, which does not meet the
definition of a sign, placed on a solid, nontransparent vertical surface such as a wall of a building.
Sec. 38.800.150. - N definitions.
Natural environment. The physical conditions which exist within a given area, including land, water,
mineral, flora, fauna, noise, light, and objects of historic or aesthetic significance.
Natural ground. The elevation of the ground surface existing at the time an area becomes located
within a FEMA special flood hazard shown on the effective flood insurance rate that remains
unaffected by construction techniques such as placement of fill, landscaping, and berms.
Neighborhood conservation overlay district. An area designated as the neighborhood conservation
overlay district on the city zoning map pursuant to the procedures set forth herein.
New construction. Development commenced on or after the effective date of the ordinance from which
this chapter is derived.
No-rise. A technical analysis conducted in accordance with FEMA procedures and certified by a
qualified professional engineer that shows a proposed use, activity or artificial obstruction located in
the regulatory floodway causes a rise of no more than 0.00 feet to the existing base flood elevation.
Non-residential buildings or structures. Buildings or structures that are not used for residential
purposes including commercial, industrial, institutional, agricultural and accessory buildings or
structures, and manufactured homes used for non-residential purposes.
Non-broadcast telecommunication facility. A facility used for the transmission or enhancement of
telecommunications which does not include the presence of antennas, as defined in this chapter. A
non-broadcast telecommunication facility does not include office use, materials storage or other
similar uses.
Non-canopy tree. A large tree which in its native state has at maturity canopy vegetation less than six
feet above the ground.
Non-commercial speech. Any sign wording, logo or other representation that does not directly or
indirectly name, advertise or call attention to a business, product, service or other commercial
activity.
Nonconforming. An existing sign, building, structure, or use of land which was lawfully established
prior to the effective date of any ordinance adopting a regulation resulting in the sign, building,
structure, or use of land no longer complying with a regulation.
Sec. 38.800.160. - O definitions.
Off-premises sign. A sign which advertises or directs attention to products or activities that are not
provided on the parcel upon which the sign is located.
Offices. 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.
Official floodplain maps. The flood insurance rate maps and flood insurance study provided by the
FEMA for Gallatin County, Montana, inclusive of the City of Bozeman, dated April 21, 2021
(FEMA Flood Insurance Study No. 30031CV001b), and incorporating any approved letters of map
change listed pursuant to 38.600.110.A.1.
100-year flood. A flood having a one percent chance of being equaled or exceeded in any given year.
A 100-year flood is the same as a base flood.
Open space. 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. 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.
Ordinary high-water mark. The outermost line caused by water impressing on land and covering it for
sufficient periods to cause physical characteristics that distinguish the area below the line from the
area above it. Characteristics of the area below the line include, when appropriate, but are not
limited to, deprivation of the soil of substantially all terrestrial vegetation and destruction of its
agricultural vegetative value. A floodplain adjacent to surface waters is not considered to lie within
the surface water's high-water marks.
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OTARD. Over the air wireless receive-only devices which are limited to either a "dish" antenna
one meter (1 m) (39.37 in) or less in diameter designed to receive direct broadcast satellite
service, including direct to home satellite service, or to receive or transmit fixed wireless signals
via satellite, or an antenna that is one meter (1 m) or less in diameter and is designed to receive
video programming services via broadband radio service (wireless cable), or to receive or
transmit fixed wireless signals other than via satellite or an antenna that is designed to receive
local television broadcast signals.
Outside storage. A use engaged in the storage, not within a fully enclosed structure or building, of
manufactured products, supplies, equipment, or the bulk storage of materials other than those
that are inflammable or explosive or that present hazards or conditions commonly recognized as
offensive.
Overlay district. A zoning district superimposed upon an underlying zone which establishes special
requirements in addition to, or in lieu of, those of the underlying zone.
Owner. For purposes of 38.600 an owner is any person or entity that has dominion over, control of, or
title to an artificial obstruction.
Sec. 38.800.170. - P definitions.
Parapet. That part of the wall which extends above the roof. For the purposes of this chapter relating to
signage, the top of the parapet is considered to be the roofline.
Figure 38.800.170-1. Parapet (for signage).
Park. 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 city which provides area for active and passive
recreational purposes.
Parking area. An area, other than a street or alley designated for use, or used, for temporary parking of
vehicles.
Parking space, off-street. 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.
Pathway. A facility that accommodates the recreational and/or transportation needs of those using active
transportation modes to move throughout the community.
Paved parking space. An area covered by an impervious dust-free surface of asphalt or concrete
designed to specifications of the city.
Pedestrian-oriented open space. Publicly accessible spaces that enliven the pedestrian environment
by providing opportunities for outdoor dining, socializing, relaxing and provide visual amenities
that can contribute to the character of the neighborhood. See section 38.260.040.C.3 for or
pedestrian-oriented open space design criteria.
Pennant. Any lightweight plastic, fabric or other material, whether or not containing a message of any
kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
Permitted use. A use that may be approved by issuance of a ministerial permit.
Pervious pavement. A paving material that permits water penetration to a soil depth of 18 inches or
more. Pervious, or permeable, pavement may consist of nonporous surface materials poured or laid
in sections not exceeding one square foot in an area and collectively comprising less than two-thirds
of the total surface area.
Personal and convenience services. 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. Any movable or intangible thing that is subject to ownership and not classified as
real property.
Persons. 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 development (PUD). A land development project consisting of residential clusters,
industrial parks, shopping centers, or office building parks or any combination thereof that compose a
planned mixture of land uses built in a prearranged relationship to each other.
Planning commission. The advisory body with duties assigned by the city commission regarding land
use planning, subdivision, and zoning. The city commission has designated the community
development board as the planning commission.
Plat. A graphical representation of a subdivision showing the division of land into lots, parcels, blocks,
streets, alleys, and other divisions and dedications.
Plaza. 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.
Pole sign. A freestanding sign which is supported by a column or other structural member that is
permanently attached to the ground, or a ground-mounted structure and provides a minimum of eight
feet of visible, vertical clearance between the bottom of the sign and finished grade.
Portable sign. Any sign not permanently attached to the ground or other permanent structure, or a sign
designed to be transported, including, but not limited to, signs designed to be transported by means
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of wheels; signs converted to A- or T-frames; balloons used as signs; umbrellas used for
advertising; and signs attached to or painted on vehicles parked and visible from the public right-
of-way, unless said vehicle is used in the normal day-to-day operations of the business.
Preliminary plat. A neat and scaled drawing of a proposed subdivision showing the layout of streets,
alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by the
Planning Administrator.
Primary access. The major access to a subdivision. The major access generally carries the most traffic as
determined by the traffic engineering study.
Principal building. A building in which is conducted the main, or principal, use of the lot on which the
building is situated.
Principal use. A use or structure which determines the predominant use of the lot on which it is located.
The principal use is that use which establishes the character of the property relative to surrounding or
adjacent properties.
Private street. A right-of-way usable by the public but maintained by a property owners' association.
Production, manufacturing and generation facility (electric or gas). A public or private utility
facility or piece of infrastructure which produces or stores energy.
Projecting sign. Any sign affixed to a building or wall in such a manner that its leading edge
extends more than six inches beyond the surface of such building or wall and is perpendicular to
such building or wall.
Property owner. 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. 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. A building, supported by government funds, to be used in an official capacity on
behalf of the entire community.
Public health and safety. 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. 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. A street or road for which the right-of-way has been dedicated to the public.
Public utility. The meaning provided in 69-3-101, except that for the purposes of the Montana Land
Use Planning Act, the term includes a county water or sewer district as provided for in Title 7,
chapter 13, parts 22 and 23, and municipal sewer or water systems and municipal water supply
systems established by the governing body of a municipality pursuant to Title 7, chapter 13, parts
42, 43, and 44.
Sec. 38.800.180. - Q definitions.
(Reserved).
Sec. 38.800.190. - R definitions.
Radio frequency. Electromagnetic waves in the spectrum from about 3 kHz to 300 GHz, used for
wireless communications.
Real property. Land and anything growing on, attached to, or erected on it, excluding anything that
may be severed without injury to the land. Real property also includes easements.
Rear setback. A setback extending across the full width of the lot located adjacent to the rear lot line.
Reasonable accommodation. A process for providing flexibility in the application of city land use
and zoning regulations and procedures, or even waiving certain requirements, when necessary to
eliminate barriers to equal housing opportunities guaranteed under applicable non-discrimination
laws. It may include flexible application of regulations such as: the definition of household;
authorized uses in zone districts; setback area modifications for ramps, handrails or other such
accessibility improvements; hardscape additions, such as widened drive aisles, parking area or
walkways; building additions for accessibility; or reduced off-street parking where the disability
clearly limits the number of people operating vehicles. Reasonable accommodation does not include
an accommodation which would (1) impose an undue financial or administrative burden on the
city or (2) require a fundamental alteration in the nature of the city's land use and zoning program.
Reasonable accommodations are subject to all laws that require or regulate planning, zoning or
subdivision and platting.
Recreational vehicle. A vehicular-type portable structure without permanent foundation, which is
built on a single chassis; which is 400 square feet or less when measured at the largest
horizontal projection; which is designed to be self-propelled or permanently towable by a light-
duty truck; which is primarily designed not for use as a permanent dwelling but as temporary
living accommodations for recreational, camping and travel use and including, but not limited
to, travel trailers, truck campers, camping trailers and self-propelled motor homes.
Recreational vehicle park. 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. 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.
Regulated flood hazard area. Land area which has been specifically identified in 38.600.110 as subject
to base flood hazards, which may consist of the special flood hazard area, regulatory floodway, and
flood fringe where specifically designated.
Regulatory floodway. That portion of the special flood hazard area designated by FEMA in the
official flood insurance study and flood insurance rate maps as being the regulatory floodway
that must be reserved in order to discharge the base flood without cumulatively increasing the
base flood elevation more than one-half-foot.
Relocation. Any movement of a structure, on the same site or to another site.
Page 30 of 41
Repair. Any change not otherwise construed as light construction or an alteration, as defined in this
division, 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 is included under this definition of repair.
Replacement of wireless facility. A modification of an existing tower to increase the height, or to
improve its integrity, by replacing or removing one or several tower(s) located in proximity to a
proposed new tower in order to encourage compliance with the Zoning Ordinance, or improve
aesthetics or functionality of the overall wireless network.
Required side building line. 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 side line of a building and the side lot line. See also the definition of "setback line."
Restaurant. An establishment which prepares and sells ready-to-eat food and beverages for on- or off-
premise consumption. Includes coffee shop, tea shop, bakery, cafe, ice cream parlor, diner, juice bar,
and other similar uses.
Retail. A facility involved in the rental or sale of new or used tangible personal property for any
purpose other than for resale.
Retail, large scale. The sale of tangible personal property for any purpose other than for resale where
the total area utilized by a single tenant, exclusive of parking, occupies 40,000 square feet or more.
Review Authority. The entity charged with making a decision on a subject. Authority per subject is
established in 38.700.010.
Revolving sign. Any sign which all, or a portion of, mechanically rotates either on an intermittent or
constant basis around a central axis.
Right-of-way. 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, shared use path, bike lane, walking trail,
railroad, electric transmission lines, water line, sanitary sewer line, storm sewer line or other
similar uses.
Riprap. Stone, rocks, concrete blocks, or analogous materials that are placed along the bed or banks of a
watercourse or drainway for the purpose of preventing or alleviating erosion.
Roadway. That portion of the street or road right-of-way which is improved or is proposed to be
improved to carry traffic and provide for the on-street storage of automobiles; where curb is
provided, the roadway is measured from back-of-curb to back-of-curb.
Roof sign. Any sign erected and constructed on or over the roof of a building, supported by the roof
structure, or extending vertically above any portion of the roof. Roof signs do not include signs
located on a mansard roof if the sign is mounted vertically and integrated with the roof. For the
purpose of this division, architecturally integrated mansard signs and other architecturally integrated
signs located below the principal roofline are classified as wall signs.
Rowhouse. A dwelling unit that shares one or more common or abutting walls with one or more
dwelling units. A rowhouse does not share common floors/ceilings with other dwelling units.
Rowhouse cluster. A building consisting of three or more rowhouses.
Sec. 38.800.200. - S definitions.
Salvage yard. An establishment where two or more motor vehicles not in running condition and/or
two or more unlicensed motor vehicles, or parts thereof, are stored in the open and are not being
restored to operation; or any land, building or structure used for the wrecking, dismantling, storage or
abandonment of motor vehicles or parts thereof.
School. 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.
School - business, trade, technical, or vocational. An educational use that offers technical or
professional training or higher education, where the courses of instruction relate primarily to the
industrial arts and vocational and technical subjects.
Scour depth. The maximum depth of streambed scour caused by erosive forces of the base flood. Scour
may be categorized as localized or general depending upon its location and proximity to artificial
obstructions.
Screening. 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).
Security lighting. All outdoor lighting used for, but not limited to, illumination for walkways,
roadways, equipment yards, parking lots and outdoor security where general illumination for
safety or security of the grounds is the primary concern.
Setback. The required distance from the property line to the nearest part of the applicable building,
structure or sign, measured perpendicularly to the property line. Setback also refers to 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, drive aisles, lamp posts and
similar
structures, and unobstructed by structures, except as otherwise provided in this chapter. Watercourse
setbacks are measured from the watercourse, not from a building or property line.
Setback line. 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. For watercourse setbacks, the setback line is measured from the
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high water mark of the watercourse.
Sewer, public. Any sanitary sewer line owned and maintained by the city, whether or not installed by
the city.
Shared access. 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.
Shopping mall. A multi-tenant retail structure where tenants are located on both sides of a covered
walkway with direct pedestrian access to all establishments from the walkway.
Short term rental. A vacation home, tourist home as defined in MCA 50-51-102, a dwelling as defined
in 38.800.050, accessory dwelling unit, or room within a vacation home or dwelling, which is rented
to the general public for compensation for transient occupancy as provided for in 38.320.060.B.
Side setback. A setback 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.
Sign. Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol
or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to
communicate information of any kind to the public.
Single-room occupancy development. A development with dwelling units in which residents
rent a private bedroom with a shared kitchen and bathroom facilities. A single room
occupancy development may be conducted within another allowed residential use.
Single-unit dwelling. A building designed for one dwelling unit that is detached from any other dwelling
unit. A single-unit dwelling may be built on-site, a factory built home, or a manufactured home as
these terms are defined in MCA 76-25-103.
Site plan. 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.
Small-scale commercial center. Commercial uses oriented at serving the needs of areas of 1-2 square
miles. These areas are typified by smaller scale shops and services, and a high level of pedestrian,
bicycle and transit opportunities. Small-scale commercial centers are intended to support and help
give identity to regions of the city by providing a visible and distinctive focal point. A small-scale
commercial center may also contain uses that draw from more than the immediate vicinity, especially
when located adjacent to arterial streets. Activities commonly expected in this classification are
daycares, smaller scale groceries, bakeries, coffee shops, retail stores, small restaurants without drive-
through facilties, offices, and similar uses, and may include residences above other uses.
Small-scale wireless facility. Small wireless facilities are wireless facilities that meet each of the
following conditions:
(1) The facilities are mounted on structures 50 feet or less in height including their antennas; or are
mounted on structures no more than 10 percent taller than other adjacent structures; or do not extend
existing structures on which they are located to a height of more than 50 feet or by more than 10
percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna equipment is no
more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the structure, is no more
than 28 cubic feet in volume;
(4) The facilities do not require antenna structure registration under FCC Rules;
(5) The facilities are not located on Tribal lands; and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the
applicable safety standards specified in 47 CFR 1.1307(b).
Figure 38.800.200-1. Small wireless facilities.
A wireless facility less than 25 feet in height from the base to the highest point including
attachments. Examples of supporting structures are monopoles, self-supporting (lattice) towers, guy-
wire supported towers and other similar structures. When calculating the height of a facility, other
structures designed for other uses such as buildings or water towers may not be included in the
calculation. This definition excludes those facilities meeting the definition of a micro-scale wireless
facility.
Small tree. A tree of a species which normally reaches a height of less than 25 feet upon maturity.
Soil. A medium in which plants will grow.
Solid waste landfill. An area or facility devoted to the long-term storage of solid waste.
Solid waste transfer station. A solid waste management facility which collects and temporarily
stores solid waste for transfer to a different processing facility or solid waste landfill.
Special flood hazard area. Land area which has been specifically identified by FEMA on a flood
insurance rate map as being subject to the base flood. The special flood hazard area contains the
regulatory floodway. Any building with a federally backed loan located in the special flood hazard is
mandated by federal law to carry flood insurance.
Square. Open space that may encompass an entire block, is located at the intersection of important
streets, and is set aside for civic purposes, and consists of paved walks, lawns, trees and civic
Page 34 of 41
buildings.
Stable, commercial. Any building or complex of buildings and pastures which is designed, arranged,
used or intended to be used for equestrian purposes, where less than 75 % of the capacity is for the
use of the owner or resident of the property. A public stable is an agricultural activity.
Stable, private. Any building located on a lot which is designed, arranged, used or intended to be
used for horses for the private use of the owner of the lot.
Start of construction. The commencement of clearing, grading, filling or excavating to prepare a site
for construction, and for purposes of 38.600 start of construction includes substantial improvement,
and means the date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of
the permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
Stealth or camouflaged. Placement of a wireless facility in such a way that it may not be discerned
as being separate from the principal use of a site. This may be accomplished through visual
screening, use of color or encasement of the facility within an existing structure such as a steeple.
A stealth installation may also include the placement of a new structure to contain the facility so
long as the new structure complies with the height, setback and other requirements of the zoning
code or is otherwise exempt from those requirements.
Street. 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.
Story. The part of a building included between the surface of one floor and the surface of the next floor
above, or if there is no floor above, then the ceiling above. A mezzanine does not count as a story.
Street corner site. A residentially zoned lot with at least two street lot lines which intersect or a lot
found at the internal curve of a street and having a primary street lot line of at least 75 feet.
Street frontage. Any property line separating a lot from a street other than an alley.
Street, public. Any street which has been dedicated to the public or is otherwise publicly owned. Any
street not a public street is deemed a private street.
Street types. For the purposes of these regulations, street types are defined as follows:
1. Alley. A street used primarily for vehicular access to the rear of properties which abut and
are served by public or private streets.
2. Arterial. A street or road having the primary function of moving traffic with emphasis on a high
level of mobility for through movement and the secondary function of providing limited access
to adjacent land. Arterial streets are generally designated in the city transportation plan,
however, streets not depicted in the city transportation plan may be designated as arterials by
the review authority specified in 38.700.010.
a. Principal arterial. 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. 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. 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 city transportation
plan, however, additional streets may be designated as collectors by the review authority
specified in 38.700.010.
4. Cul-de-sac. A street having only one outlet for vehicular traffic and terminating in a
turnaround area.
5. Dead-end street. A street having only one outlet for vehicular traffic.
6. Half-street. 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 street. 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. 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. 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
Page 36 of 41
floodplain.
Structural alteration. 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.
Studio apartment. A dwelling unit containing only one habitable room as defined and regulated by the
most recently adopted International Building Code.
Subdivider. Any person, firm, corporation or other entity who causes land to be subdivided or who
proposes a subdivision of land.
Subdivision. A division of land or land so divided that it creates one or more parcels containing
less than 160 acres that cannot be described as a one-quarter aliquot part of a United States
government section, exclusive of public roadways, in order that the title to the parcels may be
sold, or otherwise transferred, and includes any resubdivision, or condominium. The term also
means an area, regardless of its size, that provides or will provide multiple spaces for rent or lease
on which recreational camping vehicles or mobile homes will be placed.
Subdivision guarantee. A form of guarantee that is approved by the commissioner of insurance and is
specifically designed to disclose the information required in MCA 76-25-413.
Substantial change to wireless facility. A wireless facility modification that changes the dimensions of
an existing wireless facility is a substantial change if:
1. For towers other than towers in the public rights-of-way, it increases the height of the tower by
more than 10% or by the height of one additional antenna array with separation from the nearest
existing antenna not to exceed twenty feet, whichever is greater; for other eligible facilities, it
increases the height of the structure by more than 10% or more than ten feet, whichever is
greater; Changes in height should be measured from the original support structure in cases
where deployments are or will be separated horizontally, such as on buildings' rooftops; in other
circumstances, changes in height should be measured from the dimensions of the tower or base
station, inclusive of originally approved appurtenances and any modifications that were
previously approved;
2. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to
the body of the tower that would protrude from the edge of the tower more than twenty feet, or
more than the width of the tower structure at the level of the appurtenance, whichever is greater;
for other eligible facilities, it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet;
3. For any eligible facility, it involves installation of more than the standard number of new
equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in
the public rights-of-way and base stations, it involves installation of any new equipment cabinets
on the ground if there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
4. It entails any excavation or deployment outside of the current site, except that, for towers other
than towers in the public rights-of-way, it entails any excavation or deployment of transmission
equipment outside of the current site by more than 30 feet in any direction. The site boundary
from which the 30 feet is measured excludes any access or utility easements currently related to
the site;
5. It would defeat the existing concealment elements of the eligible facility; or
6. It does not comply with conditions associated with the prior siting approval of the construction
or modification of the tower or base station equipment, provided however that this limitation
does not apply to any modification that is non-compliant only in a manner that would not exceed
the thresholds identified in subsection (1) through (5) above.
Substantial compliance. Substantial compliance has the meaning assigned in 76-25-103.
Substantial damage. For purposes of 38.600, damage of any origin sustained by a building or structure
whereby the cost of restoring the building or structure to its before damaged condition would equal
or exceed 50% of the market value of the building or structure before the damage occurred.
Substantial improvement. Any repair, reconstruction or improvement of a structure, the cost of which
equals or exceeds 50% 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. 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 "substantial improvement" 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 ensure safe
living conditions; or
b. Any alteration of a structure listed on the National Register of Historic Places or
state inventory of historic places.
Suitable fill. Fill material which is stable, compacted, well graded, and pervious; not adversely affected
by water and frost; devoid of trash or similar foreign matter, tree stumps or other organic material; and
is fitting for the purpose of supporting the intended use, building, or structure.
Surveyor (registered land surveyor). A person licensed in conformance with the Montana
Professional Engineers, Registration Act (MCA 37-67-101 through 37-67-332) to practice surveying
in the state.
Swap meet. Any permanent or temporary sales or lot where the sale or trade of goods, materials and
merchandise takes place outside any permanent structure, from within temporary structures or from
vehicles and where several sellers or traders may congregate for the purpose of selling or trading.
Sec. 38.800.210. - T definitions.
Temporary irrigation. A temporary watering system designed to transport and distribute water to
landscape plants for a limited period, primarily used during the establishment period, after which
time the irrigation is terminated or abandoned.
Temporary protective measures. A use, activity, or artificial obstruction that is readily implemented
upon commencement of a flooding emergency for the purpose of protecting existing buildings,
structures, and life safety that is not located in the channel of the regulatory floodway and is readily
removed upon cessation of the flooding emergency.
Temporary sign. Any advertising display that appears to be intended or is determined by the code
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official to be displayed for a limited period of time rather than permanently attached to the ground
or a structure.
Temporary use. A use established for a fixed period of time with the intent to discontinue such use
upon the expiration of the time period.
Three-unit dwelling or triplex. An individual building designed for three attached dwelling units in
which the separate dwelling units share a common separation, such as a ceiling or wall, and in which
access cannot be gained between the units through an internal doorway, excluding common
hallways.
Transit stop. Improvements and facilities at selected points along transit routes for passenger pickup,
dropoff and waiting. Facilities and improvements may include shelters, benches, signs, structures
and other improvements to provide security, protection from the weather and access to nearby
services.
Townhouse. A dwelling unit, located on its own lot, which shares one or more common or abutting
walls with each wall having no doors, windows or other provisions for human passage or visibility
with any other dwelling units, each located on its own lot. A townhouse does not share common
floors/ ceilings with other dwelling units. Each of the attached dwelling units must have:
1. Independent water and sewer service lines and metering pursuant to the applicable plumbing
code and all other city regulations;
2. Individual services for all private utilities; and
3. A two hour fire separation separating the dwelling unit from any adjoining dwelling units.
Townhouse cluster. A building consisting of three or more dwelling units, each meeting the
definition of a townhouse, placed side-by-side and/or back-to-back.
Tract of record. An individual parcel of land, irrespective of ownership, that can be identified by
legal description, independent of any other parcel of land, using documents on file in the records
of the county clerk and recorder's office.
Transitional and emergency housing. The use of a site by a government or non-profit agency for
individuals and/or households who are making the transition from homelessness to community
living or who are in need of emergency housing. Other names for this use include warming center,
transitional shelters, transitional living programs and transitional housing programs. This type of
use may include on-site related services and facilities for residents and may also include services
and facilities for non-residents if permitted by the underlying zone.
Trellis. A frame supporting open latticework used as a screen or a support for growing vines or plants.
Truck, bus or rail terminal. A facility intended for freight or passenger pick-up, transfer, or
distribution by rail, truck, or bus, including associated facilities such as a rail yard.
Truck, bus repair, washing, & fueling. The use of a site for the provision of fuel to commercial trucks
or buses, or for the repair or cleaning of commercial trucks, buses, and vehicles.
Turfgrass or turf. A relatively high water use ground cover surface of grass and the surface layer of
earth held together by its roots, including but not limited to cool season lawn grasses.
Two-unit dwelling or duplex. An individual building designed for two attached dwelling units in which
the separate dwelling units share a common separation, such as a ceiling or wall, and in which
access cannot be gained between the units through an internal doorway.
Sec. 38.800.220. - U definitions.
Upper Story. Any story located above the ground story. The top-most story of a building is
considered a half story, rather than a full story, when it is entirely contained within the roof form
of the building and occupies less than 50% of the floor area of the story immediately below.
has a clear height of more than 7.5 feet, measured from the finished floor to the finished
ceiling;
Uniformity ratio. In outdoor lighting, a measure indicating how evenly light is distributed across a
surface as expressed in a ratio of one value to another, such as average to minimum, or maximum to
minimum. Using ratios, perfect uniformity would be 1:1.
Urban farm. A facility where food crops or nonfood, ornamental crops such as flowers are cultivated,
processed, and distributed. Urban farming is generally practiced for profit or food producing
activities.
Usable lot area. The portion of an area of a lot exclusive of setbacks or other building restrictions
within which structures subject to setbacks may be placed.
USACE. When referred to in this chapter, USACE means the United States Army Corps of Engineers.
Use. The employment or occupation of a building, structure or land for a person's service, benefit or
enjoyment.
Utility Pole. Any pole or structure designed to maintain or used for the purpose of lines, cables, or wires
for communications or electrical service purposes or street lighting/signals.
Sec. 38.800.230. - V definitions.
Variance. A modification not otherwise authorized by administrative action in this chapter of the
provisions of this chapter and requiring specific findings per 38.760.060 as applied to a specific piece of
property.
Vertical building modulation. A stepping back or projecting forward of vertical walls of a building
face, within specified intervals of building width and depth, as a means of breaking up the
apparent bulk of a structure's continuous exterior walls. Vertical building modulation may be used
to meet façade articulation standards set forth in 38.520.040.
Violation. The failure of a structure, subdivision, use of land or other development to be fully compliant
with this chapter.
Sec. 38.800.240. - W definitions.
Walk shed. The geographic area from which a destination can be reached on foot within approximately
1 mile or 20 minutes, measured along existing and planned pedestrian routes, including on-street
and off-street facilities, that meet locally adopted design and safety standards.
Wall sign. Any sign painted on, attached to or erected against the wall of a building, structure, canopy
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or awning with the exposed face of the sign parallel to the plane of said wall or structure. The sign
must be attached in a manner so that it does not extend six inches beyond the wall.
Warehousing. A use engaged in storage, wholesale, and distribution of manufactured products,
supplies, equipment, excluding bulk storage of materials that are inflammable or explosive or that
present hazards or conditions commonly recognized as offensive.
Warehousing (mini-storage). 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.
Watercourse. 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 is that area lying
between the two outermost high-water marks, as defined in this chapter. The term "watercourse"
does not mean any facility created exclusively for the conveyance of irrigation water or
stormwater. The city may consult with other agencies with expertise in this matter when there is a
question of whether a particular water body is a watercourse.
Watercourse Setback. A fixed distance applied from the ordinary high-water mark.
Way-finding signage. A set of coordinated signs which are intended to give directional guidance to and
within a defined district and to assist pedestrians or vehicles in finding areas of common interest or
convenience.
Wetland. Those areas that are inundated or saturated by surface water 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, and meet the established criteria
briefly described below:
1. Vegetation. A prevalence of hydrophytic vegetation. Hydrophytic species, due to
morphological, physiological, and/or reproductive adaptation, have the ability to grow,
effectively compete, reproduce, and/or persist in anaerobic soil conditions.;
2. Soils. A hydric soil is a soil that formed under conditions of saturation, flooding, or ponding
long enough during the growing season to develop anaerobic conditions in the upper part.; and
3. Hydrology. The area is inundated either permanently or periodically, or the soil is saturated
to the surface at some time during the growing season of the prevalent vegetation at a duration
sufficient to induce anaerobic and reducing conditions.
Wetland Buffer. Except for the minimum buffer established by this chapter, a variable distance
applied from the edge of a delineated wetland and determined by the review authority based on an
analysis of the resource and expected adjacent activities as necessary to protect the wetland from
adverse impacts to its function and value.
Wholesale. The sale of goods and merchandise for resale instead of for direct consumption.
Wildlife. Animals that are neither human, domesticated, nor feral descendants of commonly
domesticated animals.
Wildlife habitat. The place or type of habitat where wildlife naturally lives.
Window sign. Any sign painted, attached, glued or otherwise affixed to a window or suspended within 18
inches behind a window for the purpose of being visible from the exterior of the building.
Wireless facility. An unstaffed tower or base station facility used for the transmission or reception of
radio frequency (RF), microwave or other signals for commercial communications purposes, as
further defined in 47 USC Section 332(c)(7)(C)(ii), as amended and as interpreted under federal law,
typically consisting of an equipment enclosure, an antenna support structure and one or more
antennae. This definition excludes amateur radios towers, Essential Services (Type I), OTARD
satellite earth stations and private receive-only antennae, such as for the reception of television
signals.
Wireless tower. Any support structure built for the primary purpose of supporting any antennas and
associated facilities for commercial, private, broadcast, microwave, public, public safety, licensed or
unlicensed, or fixed or wireless services. A tower may be concealed or non-concealed. Non-
concealed towers include:
1. Guyed: A style of tower consisting of a single truss assembly composed of sections with bracing
incorporated. The sections are attached to each other, and the assembly is attached to a
foundation and supported by a series of wires that are connected to anchors placed in the ground
or on a building.
2. Lattice: A self-supporting tapered style of tower that consists of vertical and horizontal supports
with multiple legs and cross bracing, and metal crossed strips or bars to support antennas.
3. Monopole: A style of freestanding tower consisting of a single shaft usually composed of two or
more hollow sections that are in turn attached to a foundation. This type of tower is designed to
support itself without the use of guywires or other stabilization devices. These facilities are
mounted to a foundation that rests on or in the ground or on a building's roof. All feed lines shall
be installed within the shaft of the structure.
Wrecking yard. A place, lot or area where the primary function is that of dismantling, storage,
abandonment or sale of goods and materials as parts or scraps.
Sec. 38.800.250. - X definitions.
(Reserved).
Sec. 38.800.260. - Y definitions.
(Reserved).
Sec. 38.800.270. - Z definitions.
Zoning map. A map with all notations, dimensions, references and symbols shown thereon depicting
individual zoned districts in accordance with this chapter.