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HomeMy WebLinkAboutChapter_80 Definitions (2) Title 18 Chapter 80 DEFINITIONS Section: 18.80.0010 Definition of Terms and Interpretation of Language 18.80.0020 Access or Access-way 18.80.0030 Accessory Building or Use 18.80.0040 Administrative Design Review (ADR) Staff 18.80.0050 Adult Business 18.80.0060 Affordable Housing 18.80.0070 Aggrieved Person 18.80.0080 Agricultural Activity 18.80.0090 Agricultural Water User Facility 18.80.0100 Alley 18.80.0110 Aliquot Part 18.80.0120 Alteration 18.80.0130 Animal Hospital 18.80.0140 Antenna 18.80.0150 Apartment 18.80.0160 Apartment Building 18.80.0170 Appellant 18.80.0180 Applicant 18.80.0190 Architectural Appearance 18.80.0200 Area of Special Flood Hazard 18.80.0210 Area of Signs 18.80.0220 Artificial Lot 18.80.0230 Artificial Obstruction - Development 18.80.0240 Arts Center and/or Entertainment 18.80.0245 Attached Structure 18.80.0250 Automobile Fuel Sales or Repair 18.80.0260 Automobile Reduction Yard 18.80.0270 Auto Salvage Yard 18.80.0280 Automobile Washing Establishment 18.80.0290 Awning 18.80.0300 Banner 18.80.0310 Bar (Tavem, Cocktail Lounge) 18.80.0320 Base Flood 18.80.0330 Base Flood Elevation 18.80.0340 Basement 18.80.0350 Beacon 18.80.0360 Bed and Breakfast Home 18.80.0370 Building 18.80.0380 Building Area 18.80.0390 Building Envelope XVIII-80 p1 10/2005 18.80.0400 Building Frontage 18.80.0410 Building Height 18.80.0420 Building, Principal 18.80.0430 Business 18.80.0440 Canopy 18.80.0450 Canopy Tree 18.80.0460 Carport 18.80.0470 Casino 18.80.0480 Cemetery 18.80.0490 Certificate of Appropriateness 18.80.0500 Certificate of Survey 18.80.0510 Child 18.80.0520 Church 18.80.0530 City 18.80.0540 City Commission 18.80.0550 Civic Use 18.80.0560 Club, Private (Nonprofit) 18.80.0570 Co-location 18.80.0580 Commercial Message 18.80.0590 Commercial Node 18.80.0600 Common Open Space 18.80.0610 Common Ownership 18.80.0620 Community Center 18.80.0630 Community Residential Facility 18.80.0640 Compatible Development 18.80.0650 Compatible Land Use 18.80.0660 Conditional Use 18.80.0670 Conditional Use Permit 18.80.0680 Conservation Easement 18.80.0690 Contiguous Tract 18.80.0700 Construction 18.80.0710 Convenience Food Restaurant 18.80.0720 Convenience Use 18.80.0730 Cooperative Household 18.80.0740 Covenant 18.80.0750 Date of Submission 18.80.0760 Day Care Center 18.80.0770 Day Care Home, Family 18.80.0780 Day Care Home, Group 18.80.0790 Dedication 18.80.0800 Demolition 18.80.0810 Design Review 18.80.0820 Design Review Board 18.80.0830 Development 18.80.0840 Development Envelopes 18.80.0850 Development Review Committee 18.80.0860 Deviation 18.80.0870 Division of Land 18.80.0880 Directional Sign 18.80.0890 Drive Access 18.80.0900 Drive-in Business XVIII-80 p2 10/2005 18.80.0910 Dwelling 18.80.0920 Easement 18.80.0930 Efficiency Unit 18.80.0940 Engineer (Registered Professional Engineer) 18.80.0950 Engineering Department 18.80.0960 Essential Services (Type I) 18.80.0970 Essential Services (Type II) 18.80.0980 Establish 18.80.0990 Evergreen Tree or Shrub 18.80.1000 Existing Manufactured Home Park or Subdivision 18.80.1010 Extended Stay Lodgings 18.80.1020 Final Decision 18.80.1030 Final Plat 18.80.1040 Final Site Plan 18.80.1050 Flood or Flooding 18.80.1060 Flood Insurance Rate Map 18.80.1070 Flood Insurance Study 18.80.1080 Floodplain 18.80.1090 Floodplain Act 18.80.1100 Floodway 18.80.1110 Floodway Fringe 18.80.1120 Food Processing Facility 18.80.1130 Footcandle 18.80.1140 Freestanding Sign 18.80.1150 Front Line of Building 18.80.1160 Front Yard 18.80.1170 Garage, Private 18.80.1180 Garage, Public 18.80.1190 Glare 18.05.1200 Governing Body 18.80.1210 Grade 18.80.1220 Green 18.80.1230 Greenhouse 18.80.1240 Ground Floor Area 18.80.1250 Gross Acreage 18.80.1260 Gross Density 18.80.1270 Groundcover 18.80.1280 Growth Policy 18.80.1290 Guest House 18.80.1300 Health Authorities 18.80.1310 Health and Exercise Establishments 18.80.1320 Height of Low Profile Sign 18.80.1330 Height of Pole Style Sign 18.80.1340 Historic Site 18.80.1350 Home Based Business 18.80.1360 Home Office 18.80.1370 Hospital 18.80.1380 Hotel or Motel 18.80.1390 Household 18.80.1400 Illuminance 18.80.1410 Immediate Family XVIII-80 p3 10/2005 18.80.1420 Incidental 18.80.1430 Incidental Sign 18.80.1440 Industry, Heavy 18.80.1450 Industry, Light 18.80.1460 Interchange Zone 18.80.1470 Irregularly Shaped Tract of Land 18.80.1480 Landmark 18.80.1490 Landscape Architect 18.80.1500 Landscaping 18.80.1510 Large Scale Wireless Facility 18.80.1520 Large Shrub 18.80.1530 Large Tree 18.80.1540 Levee 18.80.1550 Levee System 18.80.1560 Light Construction 18.80.1570 Light Goods Repair 18.80.1580 Light Source 18.80.1590 Light Trespass 18.80.1600 Limited Access 18.80.1610 Limited Access Roadway 18.80.1620 Local Services 18.80.1630 Lodging House 18.80.1640 Lot 18.80.1650 Lot Area 18.80.1660 Lot Measurements 18.80.1670 Lot Types 18.80.1680 Lot Line, Front 18.80.1690 Lot Line, Rear 18.80.1700 Lot Line, Side 18.80.1710 Lot Line, Zero 18.80.1720 Lot Width 18.80.1730 Lot with Residential Adjacency 18.80.1740 Low-profile Sign 18.80.1750 Luminaire 18.80.1760 Luminance 18.80.1770 Lux 18.80.1780 Manufactured Home 18.80.1790 Manufactured Home Lot or Space 18.80.1800 Manufactured Home Stand 18.80.1810 Manufactured Home Community 18.80.1820 Manufacturing 18.80.1830 Manufacturing, Light 18.80.1840 Mean Sea Level 18.80.1850 Medical Offices, Clinics, and Centers 18.80.1860 Micro-scale Wireless Facility 18.80.1870 Mining 18.80.1880 Mini-warehouse (Warehouse, Residential Storage) 18.80.1890 Minor Subdivision 18.80.1900 Mobile Home 18.80.1910 Mobile Office 18.80.1920 Model Home XVIII-80 p4 10/2005 --..---....--.,.... 18.80.1930 Modular or Sectional 18.80.1940 Monument (Permanent Monument) 18.80.1950 Natural Environment 18.80.1960 Neighborhood Commercial Center 18.80.1970 Neighborhood Conservation Overlay District 18.80.1980 Net Residential Density 18.80.1990 New Construction 18.80.2000 Non-broadcast Telecommunication Facility 18.80.2010 Non-canopy Tree 18.80.2020 Noncommercial Speech 18.80.2030 Nonconforming Sign 18.80.2040 Nonconforming Structure 18.80.2050 Nonconforming Use 18.80.2060 Noxious Matter or Material 18.80.2070 Nursing Home 18.80.2080 Nursery, Plant 18.80.2090 Off-premise Sign 18.80.2100 Offices 18.80.2110 Official Floodplain Maps 18.80.2120 One Hundred Year Flood 18.80.2130 Open Sales (Or Rental) Lot 18.80.2140 Open Space 18.80.2150 Open Space, Usable 18.80.2160 Ordinary High Water Mark 18.80.2170 Overlay Zone 18.80.2180 Parapet 18.80.2185 Park 18.80.2190 Parking Area 18.80.2200 Parking Space, Off-street 18.80.2210 Party Wall 18.80.2220 Pathway 18.80.2230 Paved Parking Space or Surface 18.80.2240 Pennant 18.80.2250 Permeable Pavement 18.80.2260 Permitted Use 18.80.2270 Personal and Convenience Services 18.80.2280 Personal Property 18.80.2290 Persons 18.80.2300 Planned Unit Development (PUD) 18.80.2310 Planning Board 18.80.2320 Planning Department 18.80.2330 Planning Director 18.80.2340 Plat 18.80.2350 Plaza 18.80.2360 Pole Sign 18.80.2370 Portable Sign 18.80.2380 Preservation Board 18.80.2390 Primary Access 18.80.2400 Principal Use 18.80.2410 Private Street 18.80.2420 Projecting Sign XVIII-80 p5 10/2005 18.80.2430 Proper Access 18.80.2440 Property Owner 18.80.2450 Property Owners Association 18.80.2460 Public Building 18.80.2470 Public Health and Safety 18.80.2480 Public Improvement 18.80.2490 Public Street or Road 18.80.2500 Real Property 18.80.2510 Rear Yard 18.80.2520 Recreational Vehicle 18.80.2530 Recreational Vehicle Park 18.80.2540 Recreational Vehicle Space 18.80.2550 Relocation 18.80.2560 Repair 18.80.2570 Required Front Building Line 18.80.2580 Required Rear Building Line 18.80.2590 Required Side Building Line 18.80.2600 Required Yard 18.80.2610 Restaurant 18.80.2620 Retail 18.80.2630 Retail, Large Scale 18.80.2640 Revolving Sign 18.80.2650 Ridgeline 18.80.2660 Ridgeline Protection Area 18.80.2670 Right-of-way 18.80.2680 Roadway 18.80.2690 Roof Sign 18.80.2700 School 18.80.2710 Screening 18.80.2720 Security Lighting 18.80.2730 Second or Subsequent Front Yard or Corner Side Yard 18.80.2740 Setback 18.80.2750 Setback Line 18.80.2760 Sewer, Public 18.80.2770 Shared Access 18.80.2780 Shopping Mall 18.80.2790 Sign 18.80.2800 Side Yard 18.80.2810 Site Plan 18.80.2820 Small Scale Wireless Facility 18.80.2830 Small Tree 18.80.2840 Soil 18.80.2850 Special Event Sign 18.80.2860 Square 18.80.2870 Stable, Commercial 18.80.2880 Stable, Private 18.80.2890 Start of Construction 18.80.2900 Stealth, or Camouflaged 18.80.2910 Street 18.80.2920 Street Frontage 18.80.2930 Street, Public XVIII-80 p6 10/2005 18.80.2940 Street Types 18.80.2950 Structure 18.80.2960 Structural Alteration 18.80.2970 Subdivider 18.80.2980 Subdivision 18.80.2990 Subdivision or Development Construction Yard 18.80.3000 Substantial Damage 18.80.3010 Substantial Improvement 18.80.3020 Suitable Fill 18.80.3030 Surveyor (Registered Land Surveyor) 18.80.3040 Swap Meet 18.80.3050 Temporary Use 18.80.3060 Transit Stop 18.80.3070 Townhouse 18.80.3080 Townhouse Cluster 18.80.3090 Tract of Record 18.80.3100 Uniformity Ratio 18.80.3110 Use 18.80.3120 Variance 18.80.3130 Violation 18.80.3140 Wall Sign 18.80.3150 Warehouse 18.80.3160 Watercourse 18.80.3170 Wetland 18.80.3180 Wholesale 18.80.3190 Wildlife 18.80.3200 Wildlife Habitat 18.80.3210 Window Sign 18.80.3220 Wireless Facility 18.80.3230 Wrecking Yard 18.80.3240 Yard 18.80.3250 Zoning Commission 18.80.3260 Zoning Map 18.80.0010 Definition of Terms and Interpretation of Language A. All words in this title shall be first defined as provided in this chapter and, if not defined herein, shall be defined as in the latest edition of 'The Illustrated Book of Development Definitions' by Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in 'The Illustrated Book of Development Definitions', shall have their customary dictionary definitions. B. Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular; the word "shall" is always mandatory, the word "person" includes a firm, association, organization, partnership, trust, corporation, or company, as well as an individual; the word "lot" includes the words "plot" or "parcel"; the word "building" includes the word "structure"; the words "used" or "occupied," as applied to any land or building, shall be construed to include the word "intended, arranged, or designed to be used or occupied"; the words "map" or "zoning map" mean the zoning map(s) of the city that delineate the area to be governed by these regulations. C. For the purposes of this title certain words and terms used herein are defined as follows (Ord. 1645 S 1, 2005): XVIII-80 p7 10/2005 18.80.0020 Access or Access Way The place, means, or way by which pedestrians and vehicles shall have adequate and usable ingress and egress to property or use as required by this title. (Ord. 1645 ~ 1, 2005) 18.80.0030 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. Where part of an accessory building is connected to part of the principal building by a common wall, such accessory building shall be counted as part of the principal building. Individual public utility installations above ground are considered accessory buildings. (Ord. 1645 ~ 1, 2005) 18.80.0040 Administrative Design Review (ADR) Staff Certain members of the planning staff charged with the design review, as defined in this chapter, of certain plans and proposals as specified in this title. The organization, composition, and procedures of the administrative design review staff are subject to the requirements of Chapter 18.62. (Ord. 1645 S 1, 2005) 18.80.0050 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 obscene by ~ 45-8-201 (2), MCA. Adult business, as defined in this section, shall include, but need not be limited to, adult bookstores, adult motion picture theaters, rap studios, massage parlors, exotic dance studios, nude art studios, nude photographic studios, and nude body painting studios. (Ord. 1645 S 1, 2005) 18.80.0060 Affordable Housing Housing for persons earning less than 65 percent of the area's annual median income for rental housing and 100 percent of the area's annual median income for purchased housing. Furthermore, affordable housing does not require greater than 30 percent of the household gross annual median income for housing. Annual median income is defined by the Department of Housing and Urban Development. Affordable housing is subject to the City's affordable housing policy. (Ord. 1645 S 1,2005) 18.80.0070 Aggrieved Person A person, as defined in this chapter, who has a specific, personal and legal interest in the final decision of an agency, board, or commission, as distinguished from a general interest such as is the concern of all members of the community, and which interest would be specifically and personally prejudiced by the decision or benefited by its reversal. (Ord. 1645 S 1, 2005) 18.80.0080 Agricultural Activity The cultivation or tilling of soil 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 landscaping for aesthetic purposes. (Ord. 1645 9 1, 2005) 18.80.0090 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 S 15.7.202, MCA. (Ord. 1645 S 1, 2005) XVIII-80 p8 10/2005 18.80.0100 Alley A permanent public thoroughfare providing a secondary means of access to abutting lands. (Ord. 1645 S 1, 2005) 18.80.0110 Aliquot Part An equal division of a government section in quarters as described by the 'Manual for the Survey of the Public Lands of the United States. (Ord. 1645 S 1, 2005) 18.80.0120 Alteration 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. 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, shall not be considered alterations as defined in this section. Alteration further means any change or addition to a structure within a floodplain that either increases its exterior dimensions or increases its potential flood hazard. (Ord. 1645 S 1, 2005) 18.80.0130 Animal Hospital A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Outside pens, kennels, or runs are not permitted as part of an animal hospital operation. Short term interior boarding is permitted. (Ord. 1645 S 1, 2005) 18.80.0140 Antenna One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel), and parabolic antenna (disc). (Ord. 1645 S 1, 2005) 18.80.0150 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 nonresidential buildings located within nonresidential districts, as specified in this title. Efficiency units shall qualify as an apartment under this definition. (Ord. 1645 S 1, 2005) 18.80.0160 Apartment Building A building other than a hotel or motel containing five or more dwelling units. (Ord. 1645 S 1, 2005) 18.80.0170 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. (Ord. 1645 S 1, 2005) 18.80.0180 Applicant The person(s) who, or organization which, submitted the application to the agency, board, or commission for approval, or the person(s) who, or organization which, submitted the application to the agency, board, or commission whose decision has been appealed. (Ord. 1645 S 1, 2005) XVIII-80 p9 10/2005 18.80.0190 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. (Ord. 1645 ~ 1, 2005) 18.80.0200 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 (Le., the 1 OO-year floodplain). (Ord. 1645 ~ 1, 2005) 18.80.0210 Area of Signs The area of a sign that shall be computed by enclosing the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure, or character together with any other material or color forming an integral part of the display or used to differentiate such sign from a building on which it is placed. The area of a sign having no such perimeter shall be computed by enclosing the entire area within parallelograms, triangles, or circles in a size sufficient to cover the entire area of the sign copy and computing the size of such area. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. If the angle between the two sign faces is greater than 45 degrees, the sign area will be the sum of the areas of the two faces. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any spherical, conical, or cylindrical sign, one-half of the total surface area shall be computed as the area of the sign. (Ord. 1645 ~ 1,2005) 18.80.0220 Artificial Lot An area within a legally existing lot that is delineated by the Planning Director for the sole purpose of satisfying the landscaping requirements of this title. (Ord. 1645 ~ 1, 2005) 18.80.0230 Artificial Obstruction - Development Any obstruction which is not natural and includes any dam, diversion, wall, bank stabilization method, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge, conduit, culvert, building, refuse, automobile body, fill, or other analogous structure or matter in, along, across, or projecting into any 1 OO-year floodplain which 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. (Ord. 1645 ~ 1, 2005) 18.80.0240 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; studios for arts education, such as dance or painting. Also includes entertainment activities such as arcades, bowling alleys, or pool halls. Arts and entertainment center does not include any business meeting the definition of adult business as defined by this title. (Ord. 1645 ~ 1, 2005) 18.18.0245 Attached Structure A building sharing with one or more other buildings a common wall(s) for not less than five feet. (Ord. 1645 ~ 1, 2005) XVIII-80 p10 10/2005 18.80.0250 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, noncommercial trucks, motorcycles, motorhomes, recreational vehicles, or boats. This includes the sale and on-site installation of parts, wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes dismantling or salvage. (Ord. 1645 S 1, 2005) 18.80.0260 Automobile Reduction Yard Any area of land 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. (Ord. 1645 S 1, 2005) 18.80.0270 Auto Salvage Yard Ajunkyard primarily containing inoperable vehicles for purposes of being dismantled and sold as parts. (Ord. 1645 S 1, 2005) 18.80.0280 Automobile Washing Establishment A building which has its primary purpose as washing automobiles. Such facilities shall be considered incidental to automobile service stations if not more than one auto may be washed at one time and if the service station is clearly the principal use. (Ord. 1645 S 1, 2005) 18.80.0290 Awning A roof-like structure, which is generally composed of a skeletal frame, covered in a fabric or other skin-type material, and typically open on the bottom side, which projects beyond a building or extending along and projecting beyond the wall of the building. For the purposes of this title a sign on an awning shall be considered to be a wall sign. (Ord. 1645 S 1, 2005) 18.80.0300 Banner Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. A single one of each national, state, or municipal flags, or the official flag of any institution or business shall not be considered banners. (Ord. 1645 9 1, 2005) 18.80.0310 Bar (Tavern, Cocktail Lounge) An establishment where alcoholic beverages are served on premises and where the total sales of alcohol exceeds the total sales of food. (Ord. 1645 S 1,2005) 18.80.0320 Base Flood A flood having a one percent chance of being equalled or exceeded in any given year. A base flood is the same as a 1 OO-year flood. (Ord. 1645 9 1, 2005) 18.80.0330 Base Flood Elevation The elevation above sea level of the base flood in relation to National Geodetic Vertical Datum of 1929, unless otherwise specified in the flood hazard study. (Ord. 1645 S 1, 2005) 18.80.0340 Basement A portion of a building located partly underground but having not less than half its floor-to-ceiling height below the average grade of the adjoining ground. (Ord. 1645 9 1, 2005) XVIII-80 p11 10/2005 ... --- -.--------- ...---.-....--.... ---.--.. 18.80.0350 Beacon Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move. (Ord. 1645 S 1, 2005) 18.80.0360 Bed and Breakfast Home 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. (Ord. 1645 S 1, 2005) 18.80.0370 Building Any structure having enclosed space and a roof for the housing and/or enclosure of persons, animals or chattels. (Ord. 1645 S 1, 2005) 18.80.0380 Building Area The maximum horizontal projected area of the principal and accessory building(s), excluding open steps, terraces, and architectural appurtenances projecting not more than 2 feet. Building area, as that portion of a lot upon which construction is permitted, is that area of a lot that lies within the boundaries of the front, side, and rear yard setback requirements measured from the actual lot line. (Ord. 1645 S 1, 2005) 18.80.0390 Building Envelope The three-dimensional volume on a lot lying between the front, side and rear yard setback lines and between ground level and the maximum allowable building height, amounting to the area available for potential building construction. (Ord. 1645 S 1, 2005) 18.80.0400 Building Frontage The maximum dimension of the building front measured on a straight line parallel to the street, but excluding facades facing alleys or driveways. (Ord. 1645 S 1, 2005) 18.80.0410 Building Height The vertical distance measured from grade as defined in this section to the highest point on the roof or parapet wall. Where a building utilizes multiple roof styles or pitches, the highest point of each type of roof or parapet wall shall be in conformance with applicable height regulations as established for the respective roof pitches in each zoning district. Where the vertical difference between grade as defined in this section is greater than 2 feet between opposite elevations of the building, the height of the building may be increased by 1 foot for every 1 foot in grade difference up to a maximum of 6 additional feet. (Ord. 1645 S 1, 2005) 18.80.0420 Building, Principal A building in which is conducted the main, or principal, use of the lot on which the building is situated. (Ord. 1645 S 1, 2005) 18.80.0430 Business Engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services; the maintenance or operation of offices or recreational or amusement enterprises. (Ord. 1645 S 1, 2005) 18.80.0440 Canopy Any open, permanent roof-like accessory structure which is not attached or part of a principal building. (Ord. 1645 S 1, 2005) XVIII-80 p12 10/2005 18.80.0450 Canopy Tree A species of tree which normally bears crown foliage no lower than 6 feet above ground level upon maturity. (Ord. 1645 S 1, 2005) 18.80.0460 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 shall 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. (Ord. 1645 S 1, 2005) 18.80.0470 Casino A. An establishment whose primary use or activity is gambling, either in the form of gambling machines (video poker, keno, etc.), card games, or other licensed gambling activity. A casino will normally have beverage and restaurant facilities as accessory uses. In all instances, an establishment will be considered a casino for the purpose of these regulations if any of the following characteristics apply: 1. The establishment is referenced as a casino by signage, advertisement, or by name; 2. More than one card table is on the premises; and/or 3. Fifteen or more gambling machines are on the premises. B. An applicant for a casino establishment must obtain a Montana state license to sell alcoholic beverages for consumption on the premises. (Ord. 1645 S 1, 2005) 18.80.0480 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. (Ord. 1645 S 1, 2005) 18.80.0490 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 or Entryway Overlay District. (Ord. 1645 S 1, 2005) 18.80.0500 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. (Ord. 1645 S 1, 2005) 18.80.0510 Child A person under twelve years of age. (Ord. 1645 S 1, 2005) 18.80.0520 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. (Ord. 1645 S 1 , 2005) 18.80.0530 City The City of Bozeman. (Ord. 1645 S 1, 2005) XVIII-80 p13 10/2005 18.80.0540 City Commission The governing body of the City of Bozeman. (Ord. 1645 ~ 1, 2005) 18.80.0550 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. (Ord. 1645 ~ 1, 2005) 18.80.0560 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. (Ord. 1645 ~ 1, 2005) 18.80.0570 Co-location The placement of an antenna by two or more wireless service providers on a common antenna-supporting structure, orthe addition or replacement of antennas on an existing structure. The term does not include roof-mounted or surface-mounted wireless facilities or the placement of other antenna on an amateur radio antenna. (Ord. 1645 ~ 1, 2005) 18.80.0580 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. (Ord. 1645 ~ 1, 2005) 18.80.0590 Commercial Node A commercial node is an area meeting all of the following conditions: A. Designated as Community Commercial in the land use section of the City's adopted growth policy; B. Designated as a B-2 zoning district; and C. Located in one of the four following locations: 1. Northwest of the intersection of Stucky Road and South 19th Avenue to the limits as shown on the future land use map contained in the adopted growth policy, 2. East of Highland Boulevard across from the Bozeman Deaconess Hospital to the limits as shown on the future land use map contained in the adopted growth policy, 3. South of West Main Street across from the Gallatin Valley Mall to the limits as shown on the future land use map contained in the adopted growth policy, 4. Northwest of the intersection of Baxter Lane and Davis Lane to the limits as shown on the future land use map contained in the adopted growth policy. (Ord. 1645 ~ 1, 2005) 18.80.0600 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 shall not be part of individual residential lots. It shall be substantially free of structures, but may contain historic structures and archaeological XVIII-80 p14 10/2005 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. (Ord. 1645 S 1 , 2005) 18.80.0610 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 his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association. (Ord. 1645 S 1, 2005) 18.80.0620 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. (Ord. 1645 S 1, 2005) 18.80.0630 Community Residential Facility A single residential structure having common kitchen facilities including: A. 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; B. A community group home for developmentally, mentally, or severely disabled persons which does not provide skilled or intermediate nursing care; C. A youth foster home or other facility for care of minors as defined in S 52-2-601, et seq., MCA; D. 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; E. A licensed adult foster care home; or F. Any facility defined in S 76-2-411, MCA. Where a limitation of eight or fewer residents is imposed for the purpose of defining the necessary review process to establish this use, the operator of a residential facility, members of the operator's household or persons employed as staff shall not be counted as residents, except that the total number of all persons living at the facility shall not exceed ten. (Ord. 1645 S 1,2005) 18.80.0640 Compatible Development The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to: variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density, or use. (Ord. 1645 S 1, 2005) XVIII-80 p15 10/2005 . ...__. u... _._ .____.________._... ....._u _____"..._.. 18.80.0650 Compatible land Use A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light, and the presence of physical hazards such as combustible or explosive materials. (Ord. 1645 S 1, 2005) 18.80.0660 Conditional Use A public or private use as listed in this title which, because of its unique characteristics, cannot be properly classified as a principal use or accessory use in a particular district. After consideration in each case of the impact of such use upon neighboring land, and of the pUblic need for the particular use at the particular location, a permit for such conditional use mayor may not be granted, with or without conditions, in addition to any condition specifically stated in this title for any particular conditional use, including time limits, pursuant to the requirements of this title. (Ord. 1645 S 1, 2005) 18.80.0670 Conditional Use Permit Legal authorization to construct, develop, or operate a conditional use as defined by this title. (Ord. 1645 S 1, 2005) 18.80.0680 Conservation Easement The grant of a property right or interest from the property owner the public or nonprofit conservation organization stipulating that the described land shall remain in perpetuity in its natural and open state, precluding future or additional development (with the exception of any allowable structures or facilities). (Ord. 1645 S 1, 2005) 18.80.0690 Contiguous Tract For the purpose of these regulations, 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. (Ord. 1645 S 1,2005) 18.80.0700 Construction The act of adding to an existing structure or erecting a new principal or accessory structure. (Ord. 1645 S 1, 2005) 18.80.0710 Convenience Food Restaurant An establishment whose principal business is the sale of foods, frozen desserts, or nonalcoholic beverages to the consumer in a ready-to-eat state for consumption either within the premises or for carry-out with consumption either on or off the premises and whose design or principal method of operation includes both of the following characteristics: A. Foods, frozen desserts, or nonalcoholic beverages are usually served in edible containers or in paper, plastic, or other disposable containers; B. The customer is not served food at his/her table by an employee but receives it at a counter, window, or similar facility for carrying to another location for consumption either on or off the premises. (Ord. 1645 S 1,2005) 18.80.0720 Convenience Use Retail commercial uses which have relatively high traffic generation rates per 1,000 square feet compared to other commercial uses. A use is designated as a convenience use if the method of operation includes one or more of the following characteristics: XVIII-80 p16 10/2005 A. Retail motor fuel is sold; B. The primary business is the sale of food or drink for consumption, either on or off premises, over a counter, or from an outdoor service window or automobile service window. Of the food or drink sold, at least 20 percent is in disposable or carry-out containers; or C. Drive~in and drive-through restaurants. (Ord. 1645 9 1, 2005) 18.80.0730 Cooperative Household Five or more persons who are granted a conditional use permit as a cooperative household pursuant to the terms of Chapter 18.34 of this title. A cooperative household exhibits four or more of the following characteristics: A. A shared strong bond or common commitment to a single purpose, such as members of a religious order; B. Are not legally dependent on others not living with them; C. Can establish legal "domicile" as defined by state law; D. Share a single household budget; E. Share in the work of maintaining the premises; F. 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 G. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. Cooperative housing does not mean any society, club, fraternity, sorority, association, lodge, organization, or group of students or other individuals with a common living arrangement or whose basis for the establishment of the housekeeping unit is temporary. (Ord. 16459 1, 2005) 18.80.0740 Covenant An agreement that binds and restricts the land in the hands of present owners and subsequent purchasers with a view towards protecting and enhancing the physical, natural, and economic integrity of an area. (Ord. 1645 9 1, 2005) 18.80.0750 Date of Submission The date at which the plat or plan and all required supplementary information is received and certified as complete by the Planning Department. (Ord. 1645 9 1, 2005) 18.80.0760 Day Care Center A place in which supplemental care is provided to thirteen or more nonresident persons on a regular basis and which is licensed by the State of Montana. (Ord. 1645 9 1, 2005) 18.80.0770 Day Care Home, Family A private residence in which supplemental care is provided to three to six nonresident persons from separate families on a regular basis and which is registered by the State of Montana. (Ord. 16459 1,2005) 18.80.0780 Day Care Home, Group A private residence in which supplemental care is provided to seven to twelve nonresident persons on a regular basis and which is registered by the State of Montana. (Ord. 16459 1,2005) XVIII-80 p17 10/2005 18.80.0790 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. (Ord. 1645 S 1, 2005) 18.80.0800 Demolition Any act or process that destroys, in part or whole, a structure or archaeological site. (Ord. 1645 S 1,2005) 18.80.0810 Design Review The aesthetic evaluation of certain development proposals, including those located in the neighborhood conservation overlay district, entryway overlay district, and all planned unit developments and retail developments consisting of single tenant buildings greater than 40,000 square feet relative to architectural, site, landscape, environmental, urban, and other design matters as specified in this title. (Ord. 1645 S 1, 2005) 18.80.0820 Design Review Board That board created by Chapter 18.62 of this title and appointed by the City Commission, charged with the design review, as defined in this chapter, of certain plans and proposals as specified in this title. (Ord. 1645 S 1, 2005) 18.80.0830 Development Any man-made change to improve or alter real estate, including but not limited to, subdivision of land, buildings, or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. (Ord. 1645 ~ 1, 2005) 18.80.0840 Development Envelopes Areas on a lot within which grading, lawns, pavement, and buildings will be located. (Ord. 1645 S 1, 2005) 18.80.0850 Development Review Committee That committee created by Chapter 18.62 and charged with the expressed intent of reviewing designated plans and proposals. (Ord. 1645 S 1, 2005) 18.80.0860 Deviation A modification of physical standards of this title as applied to a specific piece of property located within the neighborhood conservation overlay district or entryway corridor overlay district. A deviation may be granted only by the City Commission. (Ord. 1645 ~ 1, 2005) 18.80.0870 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 or possession of a portion of the tract, or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to these subdivision regulations and the Montana Subdivision and Platting 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. (Ord. 1645 ~ 1, 2005) XVIII-80 p18 10/2005 18.80.0880 Directional Sign An on-premise sign which is intended to convey information regarding the location of specific features of the site or to convey on-premise regulations including traffic and circulation regulations. (Ord. 1645 ~ 1,2005) 18.80.0890 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(s). (Ord. 1645 ~ 1, 2005) 18.80.0900 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 not limited to, drive-in theater, drive-in bank, freestanding automated teller machine, drive-in laundry or dry cleaning pickup station, drive-in restaurant, and any business offering take-home food services. (Ord. 1645 ~ 1, 2005) 18.80.0910 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 Chapter 18.80, for residential purposes. Dwelling occupancy duration is typically longer than thirty continuous days. Dwellings may exist in many configurations, including single-household, two-household, multiple-household dwellings, and group homes. Dwellings do not include hotels, motels, extended stay lodgings, or tourist homes. (Ord. 1645 ~ 1,2005) 18.80.0920 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. (Ord. 1645 ~ 1, 2005) 18.80.0930 Efficiency Unit A dwelling unit containing only one habitable room as defined and regulated by the most recently adopted International Building Code. (Ord. 1645 ~ 1, 2005) 18.80.0940 Engineer (Registered Professional Engineer) A person licensed in conformance with the Montana Professional Engineers Registration Act (~~ 37-67-101 through 37-67~332, MCA) to practice engineering in the State of Montana. (Ord. 1645 ~ 1,2005) 18.80.0950 Engineering Department Engineering Division of the City of Bozeman's Department of Public Service. (Ord. 1645 ~ 1 , 2005) 18.80.0960 Essential Services (Type I) Water pumping stations; stormwater drainage facilities (including collection lines, retention/detention ponds, and drainage ways); sanitary sewer and storm sewer lift stations; public domestic water storage facilities; water fill stations for fire fighting equipment; local service telephone lines and cables; local service electrical distribution lines and cables; local service cable television lines; local service electronic data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public and amateur radio antennae and towers. (Ord. 1645 ~ 1, 2005) XVIII-80 p19 10/2005 18.80.0970 Essential Services (Type II) Pipelines to transport gas, oil, and coal (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer, and storm sewer); telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities; other accessory facilities, equipment, and structures; and police and fire stations. (Ord. 1645 S 1, 2005) 18.80.0980 Establish To construct, place, insert, or excavate. (Ord. 1645 S 1, 2005) 18.80.0990 Evergreen Tree or Shrub A tree or shrub of a species which normally retains its leaves/needles throughout the year. (Ord. 1645 S 1, 2005) 18.80.1000 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. (Ord. 1645 S 1, 2005) 18.80.1010 Extended Stay Lodgings Guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation including but not limited to such facilities as refrigerators, stoves, and ovens. Generally an individual guest will not exceed thirty days stay. (Ord. 1645 S 1, 2005) 18.80.1020 Final Decision The final action of an agency, board, or commission when no further action is available before such agency, board, or commission. (Ord. 1645 S 1, 2005) 18.80.1030 Final Plat The final drawing of a subdivision and dedication required by this title and the Montana Subdivision and Platting Act to be prepared for filing for record with the Clerk and Recorder, and containing all elements and requirements set forth in this title and the Montana Subdivision and Platting. (Ord. 1645 S 1, 2005) 18.80.1040 Final Site Plan The final scale drawings of a preliminarily approved development and any other required information, the approval of which by the Planning Director indicates that the required conditions for approval have been met. (Ord. 1645 S 1, 2005) 18.80.1050 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. (Ord. 1645 9 1, 2005) 18.80.1060 Flood Insurance Rate Map XVIII-80 p20 10/2005 The map on which FEMA has delineated both the 1 OO-year floodplains and the risk premium zones. (Ord. 1645 S 1, 2005) 18.80.1070 Flood Insurance Study The report in which FEMA has provided flood profiles, as well as the Flood Boundary/Floodway Map and the water surface profiles. (Ord. 1645 S 1, 2005) 18.80.1080 Floodplain Areas generally adjoining a stream that would be covered by floodwater of a 1 OO-year flood except for designated shallow flooding areas that receive less than one foot of water per occurrence. The floodplain consists of a floodway and floodway fringe. Floodplain regulations are found in Chapter 18.58. (Ord. 1645 S 1, 2005) 18.80.1090 Floodplain Act The Montana Floodplain and Floodway Management Act, S 76-5-101, et seq., MCA. (Ord. 1645 S 1, 2005) 18.80.1100 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. (Ord. 1645 S 1, 2005) 18.80.1110 Floodway Fringe The portion of the floodplain that is outside the limits of the floodway. (Ord. 1645 S 1,2005) 18.80.1120 Food Processing Facility A facility in which food is processed or otherwise prepared for eventual human consumption but not consumed on the premises. (Ord. 1645 S 1, 2005) 18.80.1130 Footcandle A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter. (Ord. 1645 S 1, 2005) 18.80.1140 Freestanding Sign Any sign supported by structures or supports that are placed on, or anchored into, the ground and that are independent from any building or other structure. (Ord. 1645 S 1, 2005) 18.80.1150 Front Line of Building The line of the face of a building nearest the front lot line. (Ord. 1645 S 1, 2005) 18.80.1160 Front Yard A yard extending across the full width of the lot between two side lot lines, the depth of which is the least distance between the street right-of-way and the front building line. (Ord. 1645 S 1, 2005) 18.80.1170 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. (Ord. 1645 S 1,2005) 18.80.1180 Garage, Public XVIII-80 p21 10/2005 . -... - .--- - .---- ------...- .- .--------.-....-- Any building or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles; or where such vehicles are equipped for operation, repaired, or kept for rental, hire, or sale. (Ord. 1645 ~ 1,2005) 18.80.1190 Glare The sensation produced by lighting that causes an annoyance, discomfort, or loss in visual performance and visibility to the eye. (Ord. 1645 ~ 1, 2005) 18.05.1200 Governing Body The governing authority of a city or town organized pursuant to law. In the City of Bozeman, the City Commission is the governing authority. (Ord. 1645 ~ 1, 2005) 18.80.1210 Grade The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point 5 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 5 feet distance from the wall. If walls are parallel to and within 5 feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way. "Finished surface of the ground" shall not include window wells, stairwells, or other similar features, but shall include features such as usable patio areas. (Ord. 1645 ~ 1,2005) 18.80.1220 Green An open space available for unstructured recreation, with landscaping consisting of maintained grassy areas, trees, and other vegetation. (Ord. 1645 ~ 1, 2005) 18.80.1230 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. (Ord. 1645 ~ 1, 2005) 18.80.1240 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. (Ord. 1645 ~ 1, 2005) 18.80.1250 Gross Acreage The total area of a parcel including the area of perimeter street rightswof-way to the centerline of the street. (Ord. 1645 ~ 1, 2005) 18.80.1260 Gross Density The number of residential dwelling units per unit of land used for residential purposes, with unit of land being the gross residential acreage. (Ord. 1645 ~ 1, 2005) 18.80.1270 Groundcover Natural mulch or plants of species which normally reach a height of less than 2 feet upon maturity, installed in such a manner so as to form a continuous cover over the ground. (Ord. 1645 ~ 1, 2005) XVIII-80 p22 10/2005 18.80.1280 Growth Policy An official pUblic document adopted and used by a local government as a general guide for development and conservation decisions. It is not a regulation; rather, it is an official statement of public policy to guide growth and change. The required and optional elements of a growth policy are listed in S 76-1-601, MCA. (Ord. 1645 S 1,2005) 18.80.1290 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) shall be considered a dwelling unit. (Ord. 1645 S 1, 2005) 18.80.1300 Health Authorities The State Department of Environmental Quality, local environmental health specialist or other authorized representative. (Ord. 1645 S 1, 2005) 18.80.1310 Health and Exercise Establishments An establishment designed and equipped for the conduct of sports, exercise activities, and other customary and usual recreational activities, including tennis, racquetball, handball and squash courts, martial arts, gymnastics, weight and aerobic exercise rooms, running facilities, swimming pools, and whirlpool and sauna facilities. Permitted accessory uses shall include child care, sun tanning booths, massage, health and nutrition counseling services, retail sales of sporting goods, and restaurant services. (Ord. 1645 S 1, 2005) 18.80.1320 Height of Low Profile Sign The vertical distance between the finished grade and the highest component of the sign. (Ord. 1645 S 1, 2005) 18.80.1330 Height of Pole Style Sign The vertical distance between the elevation of the adjacent street curb, or edge of pavement if no curb exists, to the highest attached component of the sign. In the event that the finished grade of the sign location is higher, or lower, than the adjacent street curb or edge of pavement, the height shall be determined as the vertical distance from the median elevation between the adjacent street curb or edge of pavement and the lowest finished grade at the base of the sign to the highest attached component of the sign. (Ord. 1645 S 1, 2005) 18.80.1340 Historic Site The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses significant historic, cultural, or archaeological value. The value of a site shall 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. (Ord. 1645 S 1, 2005) 18.80.1350 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. Home based businesses are subject to the requirements of this title. (Ord. 1645 S 1, 2005) XVIII-80 p23 10/2005 18.80.1360 Home Office An accessory use in which work for compensation is undertaken, including, but not limited to, receiving or initiating correspondence, such as phone calls, mail, faxes, or e-mail; preparing or maintaining business records; word and data processing; and telephone, mail order, and off-premise sales. (Ord. 1645 S 1, 2005) 18.80.1370 Hospital An institution for the diagnosis, treatment, or other cure of human ailments and which may include a sanitarium or clinic, provided such institution is operated by, or treatment is given, under direct supervision of a physician licensed to practice by the State of Montana. (Ord. 1645 S 1, 2005) 18.80.1380 Hotel or Motel A building or a group of buildings in which lodging is provided and offered to transient guests for compensation; shall not include a boarding house, extended stay lodgings, lodging house, or rooming house. (Ord. 1645 S 1, 2005) 18.80.1390 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: A. Any number of people related by blood, marriage, adoption, guardianship, or other duly-authorized custodial relationship; B. Not more than four unrelated people, including persons enrolled in an institution of higher learning; C. Two unrelated people and any children related to either of them; or D. Not more than four people who are: 1. Residents of a "Community Residential Facility" as defined in S 76-2-411 et seq., MCA, and this title; or 2. "Handicapped" as defined in the Fair Housing Act, 42 USC S 3602 (h). This definition does not include those persons currently illegally using or addicted to a "controlled substance" as defined in the Controlled Substances Act, 21 USC S 802 (6). E. "Household" does not include: 1. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, cooperative housing, or like organization; 2. Any group of individuals whose association is temporary or seasonal in nature; or 3. Any group of individuals who are in a group living arrangement as a result of criminal offenses. (Ord. 1645 S 1, 2005) 18.80.1400 Illuminance The quantity of light measured in footcandles or lux. The density of the luminous flux incident on a surface; it is the quotient of the luminous flux by the area of the surface when the latter is uniformly illuminated. (Ord. 1645 S 1, 2005) 18.80.1410 Immediate Family A spouse, children by blood or adoption, and parents. (Ord. 1645 S 1, 2005) XVIII-80 p24 10/2005 18.80.1420 Incidental Any action or use of less importance, or secondary to, any other action or use. (Ord. 1645 S 1, 2005) 18.80.1430 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, shall be considered incidental. (Ord. 1645 S 1,2005) 18.80.1440 Industry, Heavy Those industries whose processing of products results in the emission of any atmospheric pollutant, light flashes, glare, odor, noise, or vibration which may be heard and/or felt off the premises and those industries which constitute a fire or explosion hazard. (Ord. 1645 S 1, 2005) 18.80.1450 Industry, Light Those industries whose processing of products results in none of the conditions described for heavy industry. (Ord. 1645 S 1, 2005) 18.80.1460 Interchange Zone Districts created for the purpose of allowing larger and/or additional signage for the areas adjacent to the Interstate 90 interchanges at East Main Street, North 7th Avenue, and North 19th Avenue which are located within the Entryway Overlay District, B-2 Zoning District, and within 1,300 feet of the Interstate 90 right-of-way. (Ord. 1645 S 1, 2005) 18.80.1470 Irregularly Shaped Tract of Land A parcel of land other than an aliquot part of the United States Government survey section or a United States lot, the boundaries or areas of which cannot be determined without a survey or trigonometric calculation. (Ord. 1645 S 1, 2005) 18.80.1480 Landmark A site, structure or object designated as a "landmark" pursuant to the procedures prescribed in Chapter 18.28, BMC, 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 shall be subject to all neighborhood conservation overlay district procedures and requirements. (Ord. 1645 S 1, 2005) 18.80.1490 Landscape Architect A person licensed to practice landscape architecture in the State of Montana. (Ord. 1645 S 1 , 2005) 18.80.1500 Landscaping At least 75 percent coverage of an area with natural grass, vegetative groundcover, or other natural living plant materials, the remainder of which is covered with nonvegatative decorative landscape design elements such as washed rock, lava rock, bark chips, and ornamental features such as pools, fountains, benches, etc. For purposes of this title, the term landscaping shall be considered to have the same meaning as the terms landscape, landscaped, and landscaped area. (Ord. 1645 S 1,2005) XVIII-80 p25 10/2005 18.80.1510 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 shall not be included in the calculation. Some illustrated examples of large scale wireless facilities are shown in the appendix. (Ord. 1645 S 1, 2005) 18.80.1520 Large Shrub A shrub which normally reaches a height of 5 feet or more upon maturity and usually has five or more canes. (Ord. 1645 S 1, 2005) 18.80.1530 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. (Ord. 1645 S 1, 2005) 18.80.1540 Levee A man-made 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. (Ord. 1645 S 1, 2005) 18.80.1550 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. (Ord. 1645 S 1, 2005) 18.80.1560 Light Construction Any change not construed as an alteration or repair, including paving of established driving and parking areas (subject to the requirements of Chapter 18.46); construction of patios not greater than 120 square feet in size; construction of sidewalks not wider than 5 feet; and landscaping (but not including major changes in grading or site surface drainage). (Ord. 1645 S 1 , 2005) 18.80.1570 Light Goods Repair Establishments primarily engaged in the provision of repair services to individuals and households as well as businesses, but excluding automotive, boat, and similar intensive repair use types. Typical uses include, but are not limited to, the repair of appliances, shoes or clothing, watches or jewelry, instruments, office equipment, or electronics. (Ord. 1645 S 1, 2005) 18.80.1580 Light Source A single artificial point source of light that emits measurable radiant energy in or near the visible spectrum. (Ord. 1645 S 1,2005) 18.80.1590 Light Trespass Light emitted by a lighting installation that extends beyond the boundaries of the property on which the installation is sited. (Ord. 1645 S 1, 2005) XVIII-80 p26 10/2005 ...--------.-.....--.- - .-....- -.-----.- 18.80.1600 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. (Ord. 1645 S 1, 2005) 18.80.1610 Limited Access Roadway A street or road especially designed for through traffic, over which abutting land owners have no right to direct access. (Ord. 1645 S 1, 2005) 18.80.1620 Local Services All services provided by governmental bodies for the benefit of citizens. These services include, but are not limited to, police, fire, water, recreation, streets, parks, libraries, schools, and wastewater and solid waste collection and disposal. (Ord. 1645 S 1, 2005) 18.80.1630 Lodging House 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, fraternity, or sorority. Also referred to as a boarding house. (Ord. 1645 S 1, 2005) 18.80.1640 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 customarily incidental to them and including the open spaces required under this title and having its principal lot frontage on a street. When one or more lots are held in common ownership they shall be treated a as single lot for the purposes of development review and evaluation of compliance with the standards of this title. (Ord. 1645 S 1, 2005) 18.80.1650 Lot Area The total horizontal area within the boundary lines of a lot. (Ord. 1645 S 1, 2005) 18.80.1660 Lot Measurements A. 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. B. Lot Width. The distance as measured in a straight line, between side lot lines at the points of intersection with the required front building line. C. Lot Frontage. The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street rightMof-way. All sides of a lot that abuts a street shall be considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage. D. Lot Area. The total horizontal area within the boundary lines of a lot. (Ord. 1645 S 1, 2005) 18.80.1670 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 nonintersecting streets on which it fronts. (Ord. 1645 S 1, 2005) XVIII-80 p27 10/2005 18.80.1680 Lot Line, Front In the case of an interior lot, a line separating the lot from the street, in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street and in the case of a double frontage or through lot, a line separating the lot from the street from which a drive access may be permitted by the City. (Ord. 1645 ~ 1, 2005) 18.80.1690 Lot Line, Rear A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line. (Ord. 1645 ~ 1, 2005) 18.80.1700 Lot Line, Side Any lot boundary line not a front lot line or a rear lot line. (Ord. 1645 ~ 1, 2005) 18.80.1710 Lot Line, Zero A concept utilized to permit a structure or wall of a building to be located on a property line. (Ord. 1645 ~ 1, 2005) 18.80.1720 Lot Width The distance as measured in a straight line, between side lot lines at the points of intersection with the required front building line. (Ord. 1645 ~ 1, 2005) 18.80.1730 Lot with Residential Adjacency Any of the following: A. A building site in a residential zoning district, if the site abuts or is directly across a street or alley from an R-1, R-2, R-3, R-4, or R-O zoning district; B. A building site in a nonresidential zoning district, if the site abuts or is directly across a street or alley from an R-S, R-1, R-2, R-3, R-4, or R-O zoning district; C. An artificial lot in a residential district, if the lot is less than 200 feet from an R-1, R-2, R-3, R-4, or R.O zoning district; or D. An artificial lot in a nonresidential zoning district, if the lot is less than 200 feet from an R-S, R-1, R-2, R-3, R-4, or R-O zoning district. (Ord. 1645 ~ 1, 2005) 18.80.1740 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. (Ord. 1645 ~ 1, 2005) 18.80.1750 Luminaire A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts; also called the lighting fixture. (Ord. 1645 ~ 1, 2005) 18.80.1760 Luminance The physical and measurable luminous intensity of a surface (e.g., a lamp, luminaire, reflecting material) in a specific area and measurable with an illuminance meter. The quotient of the luminous flux at an element of the surface surrounding the point and propagated in directions defined by an elementary cone containing the given direction, by the product of the solid angle of the cone and area of the orthogonal projection of the element of the surface on a plane perpendicular to the given direction. The luminous flux may be leaving, passing through and/or arriving at the surface. (Ord. 1645 ~ 1, 2005) XVIII-80 p28 10/2005 18.80.1770 lux A unit of light intensity stated in lumens per square meter. There is approximately 10.7 lux per footcandle. (Ord. 1645 S 1, 2005) 18.80.1780 Manufactured Home A factory~built, single-household structure that is manufactured under the authority of 42 USC S 5401, the National Manufactured Home Construction and Safety Standards Act, is built on a permanent chassis, and is used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. This definition specifically does not include recreational vehicles. Any dwelling meeting the definition of modular home is not a manufactured home. (Ord. 1645 S 1 , 2005) 18.80.1790 Manufactured Home lot or Space A lot for rent or lease in a manufactured housing community designated for the accommodation of one manufactured home and its accessory buildings or structures for the exclusive use of the occupants. (Ord. 1645 S 1,2005) 18.80.1800 Manufactured Home Stand That area of a lot for rent or lease which has been prepared for the placement of a manufactured home in a manufactured home community. (Ord. 1645 S 1, 2005) 18.80.1810 Manufactured Home Community Any piece of real property under single ownership or control for which the primary purpose is the placement of two or more manufactured homes for permanent residential dwellings and for the production of income. A manufactured housing community does not include real property used for the display and sale of manufactured units, nor does it include real property used for seasonal purposes only, as opposed to year-round occupancy. Home sites within the community are leased to individual homeowners, who retain customary leasehold rights. (Ord. 1645 S 1, 2005) 18.80.1820 Manufacturing The creation of products either with machinery or by hand according to an organized plan and with the division of labor. (Ord. 1645 S 1, 2005) 18.80.1830 Manufacturing, Light Fabrication of and/or assembly of goods from previously prepared materials. (Ord. 1645 S 1 , 2005) 18.80.1840 Mean Sea level The National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations are references. (Ord. 1645 S 1, 2005) XVIII-80 p29 10/2005 18.80.1850 Medical Offices, Clinics, and Centers An establishment where patients are admitted for special study and treatment by licensed health care professionals. (Ord. 1645 ~ 1, 2005) 18.80.1860 Micro-scale Wireless Facility A wireless facility, 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 shall not be included in the calculation. (Ord. 1645 ~ 1, 2005) 18.80.1870 Mining The extraction of sand, gravel, or other material from the land in the amount of four-hundred cubic yards or more and the removal thereof from the site without processing. (Ord. 1645 ~ 1, 2005) 18.80.1880 Mini-warehouse (Warehouse, Residential 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 individualized, 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. (Ord. 1645 ~ 1, 2005) 18.80.1890 Minor Subdivision A subdivision that creates five or fewer lots from a tract of record. (Ord. 1645 ~ 1, 2005) 18.80.1900 Mobile Home A transportable, manufactured structure, suitable for year-round single-household occupancy and having water, electrical, and sewage connections similar to those of conventional dwellings. This definition applies only to units constructed prior to the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Compare with the definition of manufactured home. (Ord. 1645 ~ 1, 2005) 18.80.1910 Mobile Office A factory assembled structure or structures exceeding 8 feet in width, originally equipped with the necessary service connections, and originally made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as an office without a permanent foundation, in compliance with all applicable state regulations, whether or not the running gear has been removed. (Ord. 1645 ~ 1, 2005) 18.80.1920 Model Home A home constructed to display a builder's for sale or lease units but which does not serve as a dwelling unit until sold as a residence. (Ord. 1645 ~ 1, 2005) 18.80.1930 Modular or Sectional Home A dwelling unit meeting the standards of the International Building Code which was mass produced in a factory, designed and constructed for transportation to a site for occupancy when connected to the required utilities and when permanently anchored to a permanent foundation, whether intended for use as an independent, individual unit or in combination with other units to form a larger building, and which does not have integral wheel, axles, or hitch. For the purposes of locating a dwelling according to the standards of this title there is no distinction made between XVIII-80 p30 10/2005 a dwelling constructed wholly or partly off-site and a dwelling constructed on-site so long as they meet the standards of the City's adopted International Building Code. (Ord. 1645 S 1, 2005) 18.80.1940 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. (Ord. 1645 S 1, 2005) 18.80.1950 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. (Ord. 1645 S 1, 2005) 18.80.1960 Neighborhood Commercial Center Commercial uses oriented at serving the needs of neighborhoods. These areas are typified by smaller scale shops and services, and a high level of pedestrian, bicycle and transit opportunities. Neighborhood commercial centers are intended to support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. A neighborhood 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, offices, and residences above other uses. (Ord. 1645 S 1, 2005) 18.80.1970 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. (Ord. 1645 S 1, 2005) 18.80.1980 Net Residential Density The number of residential dwelling units per buildable unit of land, excluding any land used or to be used as street rights-of~way, parks, public buildings, or private nonresidential uses. For calculating net residential density, the following formula shall apply: du D= (A - (c+i+s+a+d)) Where: D = Residential density du = Total number of dwelling units in project A = Total site area (acres) c = Total commercial land area (acres) i = Total industrial land area (acres) s = Reserved but undedicated school or park sites (acres) a = Street, public or private, rights-of-way and transportation easements (acres) d = Dedicated park lands, conservation easements, or common open spaces (acres) (Ord. 1645 S 1, 2005) 18.80.1990 New Construction Development commenced on or after the effective date of the ordinance codified in this title. (Ord. 1645 S 1, 2005) XVIII-80 p31 10/2005 18.80.2000 Nonbroadcast Telecommunication Facility A facility used for the transmission or enhancement of telecommunications which does not include the presence of antennas, as defined in this title. A non broadcast telecommunication facility does not include office use, materials storage, or other similar uses. (Ord. 1645 ~ 1,2005) 18.80.2010 Noncanopy Tree A large tree which in its native state has at maturity canopy vegetation less than 6 feet above the ground. (Ord. 1645 9 1, 2005) 18.80.2020 Noncommercial 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. (Ord. 1645 ~ 1, 2005) 18.80.2030 Nonconforming Sign A sign that does not conform to the provisions of Chapter 18.52. (Ord. 1645 ~ 1, 2005) 18.80.2040 Nonconforming Structure Any structure which was legal prior to the effective date of the ordinance codified in this chapter which fails to comply with the building location standards, and/or size requirements of the applicable zone of this title in which it is located. (Ord. 1645 9 1, 2005) 18.80.2050 Nonconforming Use An existing use of land or building which was legal prior to the effective date of the ordinance codified in this title but which fails to comply with the requirements set forth in this title applicable to the zone in which such use is located. (Ord. 1645 9 1, 2005) 18.80.2060 Noxious Matter or Material Material capable of causing injury to living organisms by chemical reaction or capable of causing detrimental effects on the physical or economic well-being of individuals. (Ord. 1645 ~ 1 , 2005) 18.80.2070 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. (Ord. 1645 ~ 1,2005) 18.80.2080 Nursery, Plant Facilities for commercial development, growth, and sale of plants and/or for the utilization of and storage of equipment for landscaping operation and wholesale and/or retail or commercial gardening supplies. (Ord. 1645 ~ 1, 2005) 18.80.2090 Off-premise 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. (Ord. 1645 ~ 1, 2005) 18.80.2100 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 XVIII-80 p32 10/2005 stands), travel agency or transportation ticket offices, telephone exchange, utility offices, radio broadcasting, and similar uses. (Ord. 1645 S 1, 2005) 18.80.2110 Official Floodplain Maps The Flood Insurance Rate Maps and Flood Boundary/Floodway Maps provided by FEMA for the City dated July 15, 1988, and incorporating any approved updates or revisions. (Ord. 1645 S 1, 2005) 18.80.2120 One Hundred Year Flood A flood having a one percent chance of being equalled or exceeded in any given year. A 1 OO-year flood has nearly a 23 percent chance of occurring in a 25-year period. A 1 OO-year flood is the same as a base flood. (Ord. 1645 S 1, 2005) 18.80.2130 Open Sales (Or Rental) Lot Any land used or occupied for the purpose of buying, selling, or renting for use away from the premises, any goods, materials, or merchandise, and for the exterior storing of same prior to sale or rental. (Ord. 1645 S 1, 2005) 18.80.2140 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. (Ord. 1645 S 1, 2005) 18.80.2150 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, except as allowed by S 18.36.090. (Ord. 1645 S 1, 2005) 18.80.2160 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. (Ord. 1645 S 1, 2005) 18.80.2170 Overlay Zone A zone superimposed upon an underlying zone which establishes special requirements in addition to, or in lieu of, those of the underlying zone. (Ord. 1645 S 1, 2005) 18.80.2180 Parapet That part of the wall which extends above the roof. For the purposes of this title relating to signage, the top of the parapet shall be considered to be the roofline. (Ord. 1645 S 1, 2005) 18.80.2185 Park For the purposes of this title only, park means an open space, as defined in this title, under the ownership or other legal control of the City of Bozeman which provides area for active and passive recreational purposes. (Ord. 1645 S 1, 2005) XV 111.80 p33 10/2005 . .___m___..____.._...__.___.._n_. _____._ 18.80.2190 Parking Area An area, other than a street or alley designated for use, or used, for temporary parking of vehicles. (Ord. 1645 S 1, 2005) 18.80.2200 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. (Ord. 1645 S 1, 2005) 18.80.2210 Party Wall Any wall of a building or structure which is common to two or more buildings and which has a minimum of one-hour fire-resistant construction as defined and regulated by the latest adopted International Building Code. (Ord. 1645 S 1, 2005) 18.80.2220 Pathway A facility that accommodates the recreational and/or transportation needs of pedestrians and bicyclists, including sidewalks, bike lanes, boulevard trails, and trails. (Ord. 1645 S 1, 2005) 18.80.2230 Paved Parking Space or Surface An area covered by an impervious dust free surface of asphalt or concrete designed to specifications of the City Engineer. (Ord. 1645 S 1, 2005) 18.80.2240 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. (Ord. 1645 S 1, 2005) 18.80.2250 Permeable Pavement A paving material that permits water penetration to a soil depth of 18 inches or more. 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. (Ord. 1645 S 1, 2005) 18.80.2260 Permitted Use A use which is lawfully established in a particular district or districts and which conforms with all requirements, regulations, and performance standards of such district. A permitted use may be a principal use, an accessory use or a conditional use. (Ord. 1645 S 1, 2005) 18.80.2270 Personal and Convenience Services Businesses offering services such as barbershops, beauty shops, tailors, shoe repair, 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. (Ord. 1645 S 1,2005) 18.80.2280 Personal Property Property, other than real property, consisting of things temporal and movable. (Ord. 1645 S 1, 2005) XVIII-80 p34 10/2005 18.80.2290 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. (Ord. 1645 S 1, 2005) 18.80.2300 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 and having open space and community facilities in a common ownership or use, and/or pUblic parkland. (Ord. 1645 S 1, 2005) 18.80.2310 Planning Board The Bozeman Planning Board. (Ord. 1645 S 1,2005) 18.80.2320 Planning Department The Bozeman Department of Planning and Community Development. (Ord. 1645 S 1,2005) 18.80.2330 Planning Director The Director of the Bozeman Department of Planning and Community Development and the person charged with the administration of this title unless otherwise specifically noted in this title. (Ord. 1645 S 1, 2005) 18.80.2340 Plat A graphical representation of a subdivision Showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. (Ord. 1645 S 1, 2005) 18.80.2350 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. (Ord. 1645 S 1, 2005) 18.80.2360 Pole Sign A freestanding sign which is supported by a column(s) or other structural member(s) that is permanently attached to the ground or a ground-mounted structure and provides a minimum of 8 feet of visible, vertical clearance between the bottom of the sign and finished grade. (Ord. 1645 S 1 , 2005) 18.80.2370 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 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. (Ord. 1645 S 1, 2005) 18.80.2380 Preservation Board The Bozeman Historic Preservation Advisory Board. (Ord. 1645 S 1, 2005) XVIII-80 p35 10/2005 18.80.2390 Primary Access The major access to a subdivision. The major access generally carries the most traffic as determined by the traffic engineering study. (Ord. 1645 S 1, 2005) 18.80.2400 Principal Use A use or structure which determines the predominant or major use of the lot on which it is located. The principal use shall be that use which establishes the character of the property relative to surrounding or adjacent properties. (Ord. 1645 S 1, 2005) 18.80.2410 Private Street A right-of-way usable by the public but maintained by a property owners association. (Ord. 1645 S 1, 2005) 18.80.2420 Projecting Sign Any sign affixed to a building or wall in such a manner that its leading edge extends more than 6 inches beyond the surface of such building or wall and is perpendicular to such building or wall. (Ord. 1645 S 1, 2005) 18.80.2430 Proper Access Either an improved public street or road, maintained by the City of Bozeman, Gallatin County, or the State of Montana; or a street or road built to the standards provided in these regulations. (Ord. 1645 S 1,2005) 18.80.2440 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. (Ord. 1645 S 1, 2005) 18.80.2450 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. (Ord. 1645 S 1, 2005) 18.80.2460 Public Building A building, supported by government funds, to be used in an official capacity on behalf of the entire community. (Ord. 1645 S 1, 2005) 18.80.2470 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. (Ord. 1645 S 1, 2005) 18.80.2480 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. (Ord. 1645 S 1, 2005) 18.80.2490 Public Street or Road A street or road for which the right-of-way has been dedicated to the public. (Ord. 1645 S 1, 2005) XVIII-80 p36 10/2005 -- 18.80.2500 Real Property Property consisting of buildings and/or land. (Ord. 1645 S 1, 2005) 18.80.2510 Rear Yard A yard extending across the full width of the lot between the two side lot lines the depth of which is the distance required by this title between the rear property line and the rear building line. (Ord. 1645 S 1, 2005) 18.80.2520 Recreational Vehicle A vehicular type portable structure without permanent foundation, which is built on a single chassis; which is designed to be self-propelled or permanently towable by a light duty truck; primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes less than 8 feet in width and 50 feet in length. (Ord. 1645 S 1, 2005) 18.80.2530 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. (Ord. 1645 S 1, 2005) 18.80.2540 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. (Ord. 1645 S 1, 2005) 18.80.2550 Relocation Any movement of a structure, on the same site or to another site. (Ord. 1645 S 1, 2005) 18.80.2560 Repair Any change not otherwise construed as light construction or an alteration, as herein defined, that constitutes replacing broken, worn, or damaged materials with like, not necessarily identical, materials and is insignificant to the size and condition of the structure or property. Repainting and reroofing shall be included under this definition of repair. (Ord. 1645 S 1, 2005) 18.80.2570 Required Front Building Line The line nearest to the front and across a lot establishing the minimum open space to be provided between the front line of a building and the front lot line. See also definition of "setback line". (Ord.1645 S 1, 2005) 18.80.2580 Required Rear Building Line The line nearest to the rear and across a lot establishing the minimum open space to be provided between the rear line of a building and the rear lot line. See also definition of "setback line". (Ord. 1645 S 1, 2005) 18.80.2590 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 definition of "setback line". (Ord. 1645 S 1, 2005) XVIII-80 p37 10/2005 18.80.2600 Required Yard The minimum dimension of a front, side, or rear yard as established by the use regulations for each district. (Ord. 1645 S 1, 2005) 18.80.2610 Restaurant Any restaurant (except a drive-in restaurant or a convenience food restaurant as defined in this chapter), coffee shop, cafeteria, short~order cafe, luncheonette, sandwich stand, drugstore, and soda fountain serving food. (Ord. 1645 9 1, 2005) 18.80.2620 Retail The rental or sale of tangible personal property for any purpose other than for resale. (Ord. 1645 S 1, 2005) 18.80.2630 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. (Ord. 16459 1, 2005) 18.80.2640 Revolving Sign Any sign which all, or a portion of, may rotate either on an intermittent or constant basis. (Ord. 1645 9 1, 2005) 18.80.2650 Ridgeline A relatively narrow elevation that is prominent because it rises at an angle of 25 percent or greater; an elongated crest or series of crests, with or without individual peaks, significantly higher than the adjoining ground and often acting as the hydrologic dividing line between two or more drainage areas. (Ord. 16459 1,2005) 18.80.2660 Ridgeline Protection Area A ridgeline protection area is the area within 150 feet horizontal feet of a ridgeline, measured perpendicular to the ridgeline when the ridgeline is: A. Located in an area above 4,900 feet in elevation above mean sea level; and B. When the elevation of a line parallel to the ridgeline loses either: 1. At least 10 feet in vertical elevation on both sides of the ridgeline within 1 00 feet; or 2. At least 30 feet in vertical elevation on both sides of the ridgeline within 300 feet. 3. A combination of the two standards where one side of the ridgeline meets one loss of elevation standard and the opposite side meets the other. (Ord. 1645 S 1, 2005) 18.80.2670 Right-ol-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, railroad, electric transmission lines, water line, sanitary sewer line, stormsewer line, or other similar uses. (Ord. 1645 9 1, 2005) XVIII-80 p38 10/2005 - .._-~_._. .----.-.---..--- ----.--. - ...--....". 18.80.2680 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. (Ord. 1645 9 1, 2005) 18.80.2690 Roof Sign Any sign erected and constructed on and over the roof of a building, supported by the roof structure, and extending vertically above any portion of the roof. Roof signs shall not include signs located on a mansard roof if the sign is mounted vertically and integrated with the roof. For the purpose of this chapter, architecturally integrated mansard signs and other architecturally integrated signs located below the principal roof line shall be classified as wall signs. (Ord. 1645 9 1 , 2005) 18.80.2700 School Any: A. Pre-primary, primary or grammar; public, parochial, or private school; or high school; B. Preparatory school or academy, public or founded, or owned or conducted by or under the sponsorship of a religious or charitable organization; C. 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; D. Junior college or university, public or founded, or conducted by or under the sponsorship of a religious or charitable organization; or E. Private school when not conducted as a commercial enterprise for the profit of individual owners or stockholders. (Ord. 1645 9 1, 2005) 18.80.2710 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). (Ord. 1645 9 1, 2005) 18.80.2720 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. (Ord. 1645 9 1, 2005) 18.80.2730 Second or Subsequent Front Yard or Corner Side Yard A yard on a corner lot the area of which is bounded by a line extending from the front of the principal building (the front building line) to a point intersecting the side street right-of-way line (side lot line), then along the side lot line to a point intersecting the rear lot line, then along the rear lot line to a point intersecting the line formed by extending the wall of the nearest principal building paralleling the side lot line. (Ord. 1645 9 1, 2005) 18.80.2740 Setback The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line. (Ord. 1645 9 1, 2005) XVIII-80 p39 10/2005 --- 18.80.2750 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 title. (Ord. 1645 ~ 1, 2005) 18.80.2760 Sewer, Public Any sanitary sewer line owned and maintained by the City, whether or not installed by the City. (Ord. 1645 S 1, 2005) 18.80.2770 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. (Ord. 1645 S 1, 2005) 18.80.2780 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. (Ord. 1645 S 1, 2005) 18.80.2790 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. (Ord. 1645 S 1, 2005) 18.80.2800 Side Yard A yard extending between the front building line and the rear building line, the width of which is the least distance between the side lot line and the nearest part of the principal building. (Ord. 1645 S 1, 2005) 18.80.2810 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 title. (Ord. 1645 S 1, 2005) 18.80.2820 Small Scale Wireless Facility 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 shall not be included in the calculation. This definition excludes those facilities meeting the definition of micro-scale wireless facility. Some illustrated examples of locations for possible small scale wireless facilities are shown in the appendix. (Ord. 1645 S 1, 2005) 18.80.2830 Small Tree A tree of a species which normally reaches a height of less than 25 feet upon maturity. (Ord. 1645 S 1 , 2005) 18.80.2840 Soil A medium in which plants will grow. (Ord. 1645 S 1, 2005) XVIII-80 p40 10/2005 18.80.2850 Special Event Sign A temporary sign which advertises special civic events and activities such as street fairs, community festivals, parades, farmers markets, and charity benefits. (Ord. 1645 9 1, 2005) 18.80.2860 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 buildings. (Ord. 1645 9 1, 2005) 18.80.2870 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 percent of the capacity is for the use of the owner or resident of the property. A public stable is an agricultural activity. (Ord. 1645 9 1 , 2005) 18.80.2880 Stable, Private Any building located on a lot which is designed, arranged, used, or intended to be used for not more than four horses for the private use of the owner of the lot, but shall not exceed 6,000 square feet in area. (Ord. 1645 9 1, 2005) 18.80.2890 Start of Construction The commencement of clearing, grading, filling, or excavating to prepare a site for construction. (Ord. 16459 1, 2005) 18.80.2900 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. (Ord. 1645 9 1, 2005) 18.80.2910 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. (Ord. 1645 9 1, 2005) 18.80.2920 Street Frontage Any property line separating a lot from a street other than an alley; the front lot line. (Ord. 1645 9 1, 2005) 18.80.2930 Street, Public Any street which has been dedicated to or is otherwise publicly owned. Any street not a public street shall be deemed a private street. (Ord. 1645 9 1, 2005) 18.80.2940 Street Types For the purposes of these regulations, street types are defined as follows: A. Alley. A street used primarily for vehicular access to the rear of properties which abut and are served by public or private streets. XVIII-80 p41 10/2005 .----.-.-.. B. 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 Bozeman transportation plan, however, streets not depicted in the Bozeman transportation plan may be designated as arterials by the City Engineer. 1. 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. 2. 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. C. 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 Bozeman transportation plan, however, additional streets may be designated as collectors by the City Engineer. D. Cul-de-sac. A street having only one outlet for vehicular traffic and terminating in a turnaround area. E. Dead~End Street. A street having only one outlet for vehicular traffic. F. 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. G. Local Streets. 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. H. 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. (Ord. 1645 ~ 1, 2005) 18.80.2950 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 floodplain. (Ord. 1645 ~ 1, 2005) XVIII-80 p42 10/2005 18.80.2960 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. (Ord. 1645 S 1, 2005) 18.80.2970 Subdivider Any person, firm, corporation or other entity who causes land to be subdivided or who proposes a subdivision of land. (Ord. 1645 S 1, 2005) 18.80.2980 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 or possession of the parcels may be sold, rented, leased, or otherwise conveyed, shall include any resubdivision, and shall further include any condominium or area, regardless of its size, that provides or will provide multiple space for recreational camping vehicles or manufactured homes. A subdivision shall comprise only those parcels less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section when the parcels have been segregated from the original tract, and the plat thereof shall show all such parcels whether contiguous or not. (Ord. 1645 S 1, 2005) 18.80.2990 Subdivision or Development Construction Yard A temporary office and/or vehicular and material storage yard. (Ord. 1645 S 1, 2005) 18.80.3000 Substantial Damage Damage sustained by a structure where the cost of restoring the structure to its condition before damage would equal or exceed 50 percent of the market value of the structure before the damage occurred as determined by Gallatin County's last equalized assessment roll. (Ord. 1645 S 1, 2005) 18.80.3010 Substantial Improvement Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: A. Before the improvement or repair is started; or B. 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 does not include: 1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or 2. Any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places. (Ord. 1645 S 1, 2005) 18.80.3020 Suitable Fill Fill material which is stable, compacted, well-graded, pervious, generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree stumps or other organic material and is fitting for the purpose of supporting the intended use and/or permanent structure. (Ord. 1645 S 1,2005) XVIII-80 p43 10/2005 18.80.3030 Surveyor (Registered land Surveyor) A person licensed in conformance with the Montana Professional Engineers, Registration Act (9937-67-101 through 37-67.332, MCA) to practice surveying in the State of Montana. (Ord. 1645 9 1, 2005) 18.80.3040 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. (Ord. 1645 9 1, 2005) 18.80.3050 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. (Ord. 1645 9 1, 2005) 18.80.3060 Transit Stop Improvements and facilities at selected points along transit routes for passenger pickup, drop off, 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. (Ord. 1645 9 1, 2005) 18.80.3070 Townhouse A single-household dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent building and/or buildings by party walls, or are located immediately adjacent thereto without any visible separation between walls or roof, all of which dwellings may be located on individual and separate lots, if individually owned, or upon a single lot, if under common ownership. (Ord. 1645 9 1, 2005) 18.80.3080 Townhouse Cluster A building consisting of three or more noncommunicating, attached one-household units placed side by side and/or back to back, with no unit located over another, and having a common wall between each two adjacent dwelling units. (Ord. 1645 9 1, 2005) 18.80.3090 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. (Ord. 1645 9 1, 2005) 18.80.3100 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. (Ord. 16459 1,2005) 18.80.3110 Use The employment or occupation of a building, structure, or land for a person's service, benefit, or enjoyment. (Ord. 1645 9 1, 2005) 18.80.3120 Variance A modification or variation of the provisions of this title as applied to a specific piece of property. (Ord. 1645 9 1, 2005) XVIII-80 p44 10/2005 18.80.3130 Violation The failure of a structure, subdivision, use of land, or other development to be fully compliant with this title. (Ord. 1645 S 1, 2005) 18.80.3140 Wall Sign Any sign painted on, attached to, or erected against the wall of a building, structure, canopy, 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 6 inches beyond the wall. (Ord. 1645 S 1 , 2005) 18.80.3150 Warehouse An enclosed building designed and used primarily for the storage of goods and materials. (Ord. 1645 S 1, 2005) 18.80.3160 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 shall be that area lying between the two outermost high water marks, as defined in this title. The term watercourse shall not be construed to 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. (Ord. 1645 S 1, 2005) 18.80.3170 Wetland Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. The provisions contained in these regulations do not apply to wetlands created by a wholly man-made water source used for irrigation purposes or stormwater control. (Ord. 1645 S 1, 2005) 18.80.3180 Wholesale The sale of goods and merchandise for resale instead of for direct consumption. (Ord. 1645 S 1,2005) 18.80.3190 Wildlife Animals that are neither human, domesticated, nor feral descendants of commonly domesticated animals. (Ord. 1645 S 1, 2005) 18.80.3200 Wildlife Habitat The place or type of habitat where wildlife naturally lives. (Ord. 1645 S 1, 2005) 18.80.3210 Window sign Any sign painted, attached, glued, or otherwise affixed to a window for the purpose of being visible from the exterior of the building. (Ord. 1645 S 1, 2005) XVIII-80 p45 10/2005 m -- 18.80.3220 Wireless Facility An unstaffed facility for the transmission or reception of radio frequency (RF), microwave or other signals for commercial communications purposes, typically consisting of an equipment enclosure, an antenna support structure and one or more antennae. This definition excludes amateur radios, Essential Services (Type I), satellite earth stations, and private receive~only antennae, such as for the reception of television signals. (Ord. 1645 S 1, 2005) 18.80.3230 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. (Ord. 1645 S 1, 2005) 18.80.3240 Yard A space on the same lot with a principal building, which is open and unoccupied from the ground upward or from the ground downward other than by steps, walks, terraces, driveways, lamp posts, and similar structures, and unobstructed by structures, except as otherwise provided in this title. (Ord. 1645 S 1, 2005) 18.80.3250 Zoning Commission The Bozeman zoning commission. (Ord. 1645 S 1, 2005) 18.80.3260 Zoning Map A map or maps with all notations, dimensions, references, and symbols shown thereon depicting individual zoned districts in accordance with this title. (Ord. 1645 S 1, 2005) XVIII-80 p46 10/2005