“A-type sign” See: sandwich board sign

“Abandoned sign” a sign that has not advertised a bona fide business, product or service for a period of 180 consecutive days; a sign that is damaged, in disrepair, or vandalized and not repaired within 30 days from the onset of damages.

“Accessible entrance” means an entrance to a facility meeting the minimum accessibility requirements of the Americans with Disabilities Act.

“Accessible route” means a continuous unobstructed path connecting all accessible elements and spaces of a building or facility. Interior accessible routes may include corridors, floors, ramps, elevators, lifts, and clear floor space at fixtures. Exterior accessible routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps, and lifts. (Source: “ADA Standards for Accessible Design” 28 CFR Part 36, revised as of July 1, 1994)

“Accessory building/structure” means any building or structure that is clearly incidental and subordinate to and customarily found with a principal use.

“Accessory land use” See: land use, accessory.

“Accessory use” means a use that is incidental and subordinate to the main use of a property and is located on the same lot as the main use.

“Adjudicative decision” means a decision that is discretionary in nature and that is made by elected or appointed governmental officials in the context of existing standards, requirements, and procedures and that applies to a specific instance. Examples include annexation requests and subdivision proposals.

“Administrative decision” means a decision that is made by a governmental employee in the context of existing standards, requirements, and procedures and that applies to a general or specific instance. For example issuance of a building permit is an administrative decision.

“Administrative government center” means a place and/or building, or portion thereof, that is used or is intended as a governmental office or administrative facility. The term includes post offices, courthouses, correctional facilities, and the like.

“Administrative services” means a place and/or building, or portion thereof, that is used or is intended for providing administrative functions where customers are infrequent. The term includes data processing centers, customer service centers via telecommunications, architectural firms, engineering firms, and the like.

“Adult arcade” means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to 5 or fewer individuals per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

“Adult book store/adult video store” means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

1. books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions which are characterized by an emphasis on the depiction or descriptions of specified sexual activities or specified anatomical areas;
2. instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

“Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

1. persons who appear semi-nude; or
2. live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
3. film, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the exhibition or display of specified sexual activities or specified anatomical areas.

“Adult motel” means a hotel, motel, or similar commercial establishment which:

1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slide, or other photographic reproductions which are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas; and has a sign advertising availability of this type of photographs reproduction; or
2. offers a sleeping room for rent for a period of time that is less than 10 hours; or
3. allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.

“Adult motion picture theater” means a commercial establishment which, for any form of consideration, regularly shows films, motion pictures, video cassettes, slides or similar photographic reproductions that are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

“Affordable housing” means a dwelling unit that may be purchased or rented by a household earning no more than 120 percent of the median annual income in the specified area and where the monthly housing costs do not exceed 30 percent of the family's total monthly income. For example, in an area with a median income of $15,000, the term "affordable housing" would only be applied to those households earning less than $18,000 ($15,000 x 1.2 = $18,000). For a household with an annual income of $15,000, their total housing costs should not exceed $375 per month (($15,000 x 0.3) / 12 months = $375).

“Aggrieved person” means a person that has or likely will suffer an adverse effect resulting from a decision made pursuant to this Title.

“Agricultural commodity storage facility” means a place and/or building, or portion thereof, that is used or is intended to store bulk food stuffs prior to shipment and/or processing. The term includes grain elevators and such facilities.

“Agricultural water user facility” means those facilities which provide water for agricultural land as defined in 15-7-202, MCA, or which provide water for the production of agricultural products as defined in 15-1-101, MCA, including ditches, pipes, and head gates.

“Agriculture, horticulture, nursery” means a place and/or building, or portion thereof, that is used or is intended for growing fruit, vegetables, flowers, and other plants typically grown on farming operations in the region. (Ord. 2950, 2007)

“Agriculture, livestock” means a place and/or building, or portion thereof, that is used or is intended for raising horses and/or cattle, exclusively.

“Agriculture sales” means a place and/or building, or portion thereof, that is used or is intended to be used for retail sale of a product(s) unique to and directly related to farm and ranch operations. The term includes feed/seed sales, irrigation equipment sales, farm machinery sales and repair, and the like. The term does not include wholesale sales.

“Air contaminant” means any fume, smoke, particulate matter, vapor, gas, or any combination. The term does not include water vapor or steam condensation.

“Airport” means a place and/or building, or portion thereof, that is used or is intended for the landing and takeoff of airplanes, helicopters, similar craft, including all necessary facilities for the housing and maintenance of the same.

“Airport elevation” means the highest point of an airport's usable landing area measured in feet from sea level.

“Airport influence area” means all land in the proximity of an airport within a defined boundary, the use of which may be affected by the airport's existence.

“Alley” means a vehicular accessway providing secondary access to the back of lots that front on a street.

“Alteration” See: structural alteration.

“Amateur radio station” means a radio station operated by a federally licensed amateur radio operator as part of the Amateur Radio Service.

“Animal shelter” means a place and/or building, or portion thereof, that is used or is intended to temporarily house stray pets.

“Annexation” means the process of adding land to the jurisdictional area of a city or town.

“Antenna” means a device that can be used to receive and transmit electromagnetic waves. The term includes directional antennas and omni-directional antennas. The term does not include (1) mobile services providing public information coverage of news events of a temporary nature or (2) hand held devices such as cell phones, business‑band mobile radios, walkie‑talkies, cordless telephones, garage door openers, and similar devices.

“Appeal” means a process initiated by an aggrieved party to review: (1) a decision made pursuant to this Title; or (2) an alleged failure to act as required by this Title.

“Appellant” means a person who has filed an appeal pursuant to this Title.

“Applicant” means a person who submits an application as required by this Title.

“Approach surface” means a surface longitudinally centered on the extended airport runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. In plan view, the perimeter of the approach surface coincides with the perimeter of the approach zone.

“Approved plastic” means slow-burning plastic of no greater combustibility than that approved for sign use by Underwriter Laboratories, Inc.

“Aquifer” means a water-bearing, subsurface formation capable of yielding sufficient quantities of water to a water well for a beneficial use.

“Arboricultural standards and specifications” means the standards for the planting, care, and maintenance of trees, shrubs, and landscaping on file with the City Forester.

“Arcade” means a covered walkway often with shops on one side or both.

“Architect” See: registered architect.

“Area of special flood hazard” See: 100-year floodplain.

“Artificial obstruction or development” means any obstruction which is not natural and includes any dam, diversion, wall, riprap, 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 100-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.

“Artisan shop” means a place and/or building, or portion thereof, that is used or is intended for creating works of art and/or production of handmade craft items on a small-scale. Examples of such items include paintings, sculptures, pottery, jewelry, hand blown glass, small wooden items, candles, soaps, and lotions.

“Assessed value” means that value established by the State of Montana for taxing purposes.

“Auction sales” means a place and/or building, or portion thereof, that is used or is intended to be used for auctioning goods to the general public. The term does not include estate sales and the like. Vehicle auctions are considered as vehicle sales and rentals.

“Automated teller machine (ATM)” means an automated device for conducting financial transactions.

“Average daily traffic (ADT)” means the average number of vehicles passing a specific point on a roadway during a single 24-hour period.

“Average trip generation rate” means the average number of vehicles entering and exiting a site during a 24-hour period.

“Avoid” means to take an action so that a negative impact does not occur.

“Awning or canopy” means a material or structure intended to provide protection from the weather that is mounted on the exterior of a building. Signage placed on an awning or a canopy is calculated as wall signage.

“Bank stabilization” means any effort to harden the bank of a stream to prevent lateral movement. Such measures include: bio-engineering, native material revetment, rip-rap, bin-walls, barbs, vanes, and other such techniques.

“Banner” means fabric, plastic, paper, or other light, pliable material not enclosed in a rigid frame that is suspended, mounted or attached to buildings or poles at 2 ends or continuously across its longest side.

“Base flood” See: 100-year flood.

“Base flood elevation” means 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.

“Bed and breakfast” means a single family residence that offers overnight accommodations and a meal for a daily charge and which also serves as a primary residence of the operator or owner. (Refer to: 50-51-102, MCA)

“Bench/transit shelter sign” means an off-premise sign attached to a bench or transit shelter.

“Berm” means a mound or embankment of earth, generally man-made.

“Best management practice (BMP)” means, in relation to erosion control, a practice, technique, or measure that is an effective, practical means of preventing and reducing soil erosion and/or water pollution during land development activities. BMPs can be structural, vegetative, or operational practices.

“Bike lane” means a portion of a roadway which has been designated by striping, signing, and pavement markings for the preferential or exclusive use of bicyclists.

“Bike path” means a bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the roadway right of way or within an independent right of way.

“Bike route” means a segment of a system of bikeways designated by the jurisdiction having authority with appropriate directional and informational markers, with or without a specific bicycle route number.

“Bikeway” means any road, path, or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.

“Billboard” means a sign larger than 200 square feet in area, mounted on a permanent structure, designed to advertise products, services, or businesses not available on the premise upon which the sign is located.

“Block” means a group of lots, tracts, or parcels within well-defined and fixed boundaries (e.g., streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, municipal boundary lines or subdivision boundary lines).

“Block face” means all of the lots situated on one side of the street.

“Board of Adjustment” means the board of adjustment created by the City Commission and more fully described in this Title.

“Board of County Commissioners” means the governing body of Cascade County, Montana.

“Boulevard” means that area within the street right-of-way not occupied by street paving, curb and gutter, and sidewalks.

“Boulevard banner” means a decorative sign constructed of cloth, canvas, or vinyl that contains upper and lower pole pockets and is secured by a pole banner bracket system. Boulevard banners are designed as attachments to street light poles or boulevard lamps and advertise special community events.

“Buffer area” means a landscaped area intended to separate and partially obstruct the view between uses, serve as an attractive boundary, or both.

“Building” means a structure having a roof supported by walls or columns, or other supports intended for the shelter or enclosure of people, animals, chattels, or property of any kind.

“Building area” means the total horizontal projected area of a building.

“Building coverage” is a measure of land use intensity. It compares the portion of a site that is covered by a building(s) with the overall area of the site. For example, a development consisting of 2 buildings with a total footprint of 0.6 acres on a 2-acre site has a building coverage of 0.3 or 30 percent (0.6 / 2 = 0.3). (Exhibit 8-2)

“Building mass” means the three-dimensional bulk of a building represented by its height, width, and depth.

“Building permit” means a permit that is issued prior to the construction of or addition to a building or structure or the installation of a mobile home.

“Burden of proof” means the obligation of a party to establish a fact by evidence.

“Bus transit terminal” means a place and/or building, or portion thereof, that is used or is intended for loading and unloading of bus passengers along with facilities for ticket sales and food service areas primarily intended for bus passengers.

“Campground” means a place and/or building, or portion thereof, that is used or is intended for public camping, where people can camp, secure tents or cabins, or park trailers, camping trailers, pickup campers, automobiles, and recreational vehicles for camping and sleeping purposes. The term includes accessory buildings such as a laundromat and retail sales for the convenience of campground guests. (Source: 50-52-101, MCA)

“Cascade County Conservation District” means the governmental subdivision of Montana organized in accordance with Title 76, Chapter 15, Part 2, MCA, that functions in Cascade County to address issues relating to soil and water conservation.

“Casino” means any and all establishments that offer legalized gambling authorized under Title 23, Chapter 5, Part 1, et. seq., MCA and where any one of the following characteristics applies:

“Cemetery” means a place and/or building, or portion thereof, that is used or is intended for burial purposes. Accessory uses include columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such area.

“Central Business District” means the C-4 Central Business Core zoning district.

“Certificate of appropriateness” means a permit issued indicating conformance with design guidelines or other similar requirements as contained in this Title.

“Certificate of survey (COS)” means a drawing of a field survey prepared by a registered land surveyor for the purpose of disclosing facts pertaining to boundary locations.

“Changeable copy sign” means a sign whose content is changed by manual, electric, electromechanical or electronic means. Examples include electronic message boards, time and temperature boards or manually changed reader boards.

“Channelization project” means the excavation and/or construction of an artificial channel for the purpose of diverting the entire flow of a stream from its established course.

“City Attorney” means the position of City Attorney for the City of Great Falls.

“City Clerk” means the position of City Clerk for the City of Great Falls.

“City Commission” means the governing body of the City of Great Falls.

“Civic use facility” means a place and/or building, or portion thereof, that is used or is intended for large gatherings of people. The term includes zoos, arenas, stadiums, fairgrounds, and the like.

“Co-located telecommunication antennae” means an antenna that is mounted on an existing tower.

“Co‑location” See: telecommunication facility, co‑located.

“Collector street” means a roadway that links local access streets to the arterial roadway network (minor and principal arterials). Speeds are generally lower than on arterials and access to adjacent land uses has a high priority. This is one level in the City’s functional classification system for roads within its jurisdiction.

“Color rendering index (CRI)” means a measurement comparing the color of an object under a light source to a reference light source of comparable color temperature. CRI values generally range from 0 to 100. As the CRI approaches 100, the color of the lit object becomes truer or closer to the original color.

“Commercial educational facility” means an educational facility operated by private institutions or individuals that is used or is intended for preparing students for jobs in trades or professions. The term includes music schools, hair styling schools, real estate schools, and the like.

“Commercial kennel” means a place and/or building, or portion thereof, that is used or is intended for housing 3 or more dogs, cats or other domesticated animals over 6 months of age or for the purpose of boarding, breeding, training, or sale. The term includes boarding kennels, dog motels, and dog training centers. The term does not include animal hospitals, animal grooming parlors, or pet shops.

“Commercial use” means a use that involves the exchange of cash, goods or services, barter, forgiveness of indebtedness, or any other remuneration in exchange for goods, services, lodging, meals, entertainment in any form or the right to occupy space over any period of time.

“Commercial zoning district” means any zoning district established by this Title that has a “C” followed by a number as its abbreviation (e.g., C-1).

“Community center” means a place and/or building, or portion thereof, that is used or is intended for short-term and intermittent meetings or gatherings of nonresident individuals that are generally open to the public for purposes of recreation, sharing information, entertainment, social service, or similar activities. The term includes fraternal, social, or civic clubs, lodges, union halls, and the like.

“Community cultural facility” means a place and/or building, or portion thereof, that is used or is intended for studying, reading, personal education, or for viewing the visual arts. The term includes libraries, museums, art galleries, observatories, and the like. The term does not include performing arts.

“Community garden” means an outdoor area that is used to grow vegetables, fruits, flowers, and the like by a group of unrelated individuals who primarily use what is grown for their personal use. The community garden can be divided into individual plots of land for the exclusive use of the person assigned each plot, or the entire garden may be a cooperative effort of any number of people, or a combination thereof.

“Community residential facility” means any one of the following as defined:

“Composting facility” means a place and/or building, or portion thereof, that is used or is intended for collecting and processing vegetation (but not food wastes) for composting. The term includes the storage and manipulation of materials prior to, during, and following composting.

“Comprehensive sign plan” means a plan submitted for Design Review Board approval in conjunction with a permit application for a building or sign. The plan must show all signage for a planned or existing multi-tenant development.

“Conditional use” See: land use, conditional.

“Conditional use permit” means a permit authorizing establishment of a conditional use consistent with the provisions of this Title.

“Condominium” means a form of ownership with unrestricted right of disposal of one or more units in a multiple unit project with the land and all other parts of the project held in common ownership or use with owners of the other units.

“Conical surface” means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.

“Conservancy area” means a property or portion of a property designated on a recorded plat, deed, covenant, or other legally binding document to protect the natural features of the area designated.

“Conserve” means to manage and use in a prudent and sustainable manner to provide for future availability.

“Construction materials sales” means a place and/or building, or portion thereof, used or is intended for wholesale or retail sales of bulk construction materials such as roofing, lumber, bricks, component parts (trusses), and the like. The term does not include hardware stores, concrete plants, asphalt mixing plants, or any facility that manufactures building materials and offers them for retail sale on the premises.

“Contractor yard” means a place and/or building, or portion thereof, that is used or is intended to be used by a contractor/builder with one or more of the following: construction material storage, machinery storage or repair, including trucks and heavy equipment, shops, and office space.

“Contributing structure, building or property” means a structure, building or property within a historic district that contributes to the historic integrity of the district.

“Convenience sales” means a place and/or building, or portion thereof, that is used or is intended for personal services or retail sale of a limited product line of frequently needed personal items. The term includes convenience stores, small grocery stores, barber shops, beauty parlors, and the like.

“County Clerk and Recorder” means the clerk and recorder for Cascade County.

“Covenant” means a legally binding agreement contained in a deed, declaration, or other legal document or on the face of a plat that restricts or regulates the use of specified real property.

“Critical habitat” means the area occupied by a species which contains those physical and biological features that are (1) essential to the conservation of the species and (2) which may require special considerations or protection. Critical habitat shall not include the entire geographic area which can be occupied by the species.

“Cumulative effect” means a noticeable overall effect which results from the incremental effects of other projects, where the increment from each project may not necessarily be noticeable or considered unacceptable.

“Curb” means the barrier used to separate roads and other vehicle use areas from the surrounding environs.

“Curb cut” means the width of the opening in the curb along a street that provides vehicular access to private property.

“Curb line” means the line at the back of the curb nearest to the lot line. In the absence of a curb, the curb line is established by the City Engineer.

“Curb radius” means the radius of the circle formed by the curve of the curb at the corner.

“Curb ramp” means a short ramp cutting through a curb or built up to it.

“Cutoff luminaire” means a luminaire where less than 2.5 percent of the lamp lumens occur at or above the horizontal plane and no more than 10 percent of the lamp lumens occur above 80 degrees.

“Date of completeness” means the date an application is deemed complete by the City.

“Day care center” means a place and/or building, or portion thereof, that is used or is intended to provide day care to children on a regular basis. (Source: 52-2-703, MCA) (Ord. 2950, 2007)

“Deck” means an above-ground, unroofed platform extending from a building and intended for outdoor living.

“Dedication” means the deliberate appropriation of land by an owner for any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted. (Source: 76-3-103(3), MCA)

“Demolition” means an act or process that destroys, in whole or in part, a structure.

“Demolition by neglect” means the gradual destruction of a building or structure due to a lack of normal maintenance.

“Demolition permit” means a permit issued consistent with this Title authorizing the complete or partial demolition of a structure.

“Density” means the number of dwelling units per acre, calculated as follows: number of dwelling units divided by the acreage of the parcel of land, whether gross or net. As the context would indicate, density can be based on the actual, proposed, or permitted number of dwelling units.

“Department Director” means a City of Great Falls official designated as the head of a specific City Department, or his/her designee, authorized to act on his/her behalf. (Ord. 2950, 2007)

“Design review” means an evaluation of a project’s design features as enumerated in this Title including architecture, site layout, and landscaping.

“Design Review Board” means that board created by the City Commission to administer the design review process consistent with this Title.

“Design wavier” means a grant of relief from the strict application of the adopted regulations that will avoid unintended and unwanted results and therefore result in a better development.

“Detention” means the temporary storage of storm runoff in a stormwater management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants.

“Detention facility” means a detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.

“Development” See: land development.

“Development exaction” means money, land (on-site or off-site), or infrastructure (on-site or off-site) that a developer provides to a local unit of govern­ment to alleviate a specified impact created by the proposed development. The nature of the mitigation is determined on a case-by-case basis.

“Deviation, major” means a deviation from the terms of a permit or other approval other than a minor deviation.

“Deviation, minor” means a deviation from the terms of a permit or other approval issued pursuant to this Title that is necessary in light of technical or engineering considerations first discovered after the permit issuance or other approval and not reasonably anticipated during the review process and if had been known during the review process would not have materially altered the decision to issue the permit or approval.

“Diameter at breast height (DBH)” means a tree measured 4½ feet above the ground surface on the uphill side of the tree. For a multi-trunk tree, DBH is the sum of the diameter of the 3 largest trunks.

“Directional sign” means a sign that designates the location or direction of a place or area.

“Discourage” means to avoid or hinder an event or some occurrence.

“Display surface” means the area of a sign structure that displays the advertising message.

“District” See: zoning district.

“Division of land” means 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 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 considered a division of land. (Source: 76-3-103(4), MCA)

“Drainage way” means any channel that conveys surface runoff throughout the site.

“Drip line” means a vertical line that extends from the outermost edge of the tree canopy to the ground. (Exhibit 8-3)

“Dwelling unit” means a single building or portion thereof providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

“Easement” means a less than fee interest to use the property of another for specific purposes.

“Educational facility (K-12)” means a place and/or building, or portion thereof, that is used or is intended for use as a preschool, elementary, junior high, or high school.

“Educational facility (higher education)” means any place and/or building, or portion thereof, that offers or is intended to provide secondary education. The term includes colleges, universities, community colleges, and vocational schools.

“Electric sign” means a sign containing electrical wiring.

“Electronic message board” See: changeable copy sign.

“Emergency shelter” means a place and/or building, or portion thereof, that is used or is intended to provide temporary housing and ancillary services to primarily indigent, needy, homeless, or transient individuals.

“Encourage” means to stimulate, foster, or help advance an event or some occurrence.

“Engineer” See: registered professional engineer.

“Engineering department” means the engineering department for the City of Great Falls.

“Enhance” means to improve or increase in value or attractiveness.

“Ensure” means to guarantee or make sure something will happen.

“Environmental assessment” means a written report that documents the environmental, social, and cultural impacts and consequences of a proposed develop­ment project.

“EPA’s Menu of BMPs” means the manual prepared by the Environmental Protection Agency.

“Erosion” means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

“Erosion and sediment control plan” means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

“Erosion control” means a measure that prevents erosion.

“Erosion control permit” means a permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff, and grading.

“Establish” means to construct, place, insert, or excavate.

“Exaction” See: development exaction.

“Examining land surveyor” means a registered land surveyor appointed by the City to review surveys and plats submitted for filing.

“Existing manufactured home park or subdivision” means 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 or grading, or pouring of concrete pads.

“Ex parte communication” means any form of communication (e.g., written, verbal), whether voluntary or occurring inadvertently, that occurs prior to and outside of the public hearing between an individual who will vote on an adjudicative matter pending before the decision-making body on which he/she serves and another individual and which relates to the matter pending.

“Factory-built home” See: Residence, manufactured/factory built.

“Family” means an individual, or 2 or more individuals related by blood, marriage or adoption or other legal means, or a group of not more than 5 individuals who are not related by blood, marriage or adoption, living together as a single housekeeping unit within a dwelling unit.

“Family day care home” means a private residence in which day care (meaning care is less than 24 hours per day) is provided to 3 to 6 children from separate families on a regular basis. (Source: 52-2-703, MCA)

“Fee in lieu” means a payment of money in place of meeting all or part of the storm water performance standards required by this ordinance.

“Fence” means a structure around the perimeter of a space that provides privacy, aesthetics, or security.

“Financial services” means a place and/or building, or portion thereof, that is used or is intended for providing financial and banking services. The term includes banks, savings and loan institutions, other lending institutions, and check cashing facilities. The term does not include automated teller machines, which are considered an accessory use to commercial enterprises.

“Finding” means a written conclusion or determination that is considered in reaching a decision.

“Fish habitat structure” means any structure that is designed to create fish habitat. Examples include random instream boulder cover and bank cover. This term is to be narrowly construed to exclude any structure which may offer fish habitat as a secondary benefit.

“Flag” means a square, rectangular, or triangular piece of fabric that is mounted along one side upon a pole, cable, or rope.

“Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry lands from the overflow of a stream, or the unusual and rapid accumulation or runoff of surface waters from any source.

“Flood insurance rate map (FIRM)” means the map on which the Federal Emergency Management Agency has delineated both the 100-year floodplains and the risk premium zones.

“Flood insurance study” means the report in which the Federal Emergency Management Agency has provided flood profiles, as well as the flood boundary-floodway map and the water surface profiles.

“Floodplain” means the area generally adjoining a stream which would be covered by floodway. From a regulatory standpoint, it consists of the floodway and floodway fringe.

“Floodplain Administrator” means the individual the Director of Community Development assigns to administer the floodplain regulations contained in this Title.

“Floodplain island” means an area of land that is above the base flood elevation and is wholly surrounded by an area that is below the base flood elevation.

“Floodway” means the channel of a stream and the adjacent overbank areas that must be reserved in order to discharge a base flood without cumula­tively increasing the water surface elevation more than ½ foot.

“Floodway fringe” means that portion of a flood­plain outside the limits of the floodway.

“Floor area” means the total horizontal area contained within the outside perimeter of a building.

“Foot-candle” means a measure of light falling on a given surface. One foot candle is equal to one lumen per square foot.

“Foundation planting” means plant material placed in planting beds along and near a foundation of a building. Intended to complement the building and connect the building to the site.

“Freestanding sign – a.k.a. pole sign” means a sign supported wholly by a pole or poles, I-beam, or a structure in the ground with no part of itself attached to a building.

“Freight terminal” means a place and/or building, or portion thereof, that is used or is intended for unloading, loading or storage of freight for routing or reshipment. (Ord. 2950, 2007)

“Frontage” means a side of a building that faces a public right-of-way or provides off-street parking, or provides a customer entrance, or any side of a lot or parcel that borders on a public right-of-way.

“Frontage road” See: road, frontage.

“Fuel tank farm” means a place and/or building, or portion thereof, that is used or is intended for commercial bulk storage of petroleum products or any other fuel.

“Fugitive dust” means solid airborne particulate matter resulting from any activity conducted on a parcel zoned, or used, for industrial purposes.

“Full-cutoff luminaire” means a luminaire where no light occurs above the horizontal plane and no more than 10 percent of the lamp lumens occur above 80 degrees.

“Funeral home” means a place and/or building, or portion thereof, used or intended for the care and preparation of human dead for burial. The term includes funeral homes and mortuaries.

“Gaming, accessory” means a portion of a hotel, motel, restaurant or tavern with legalized gambling authorized under Title 23, Chapter 5, part 1, et. seq., MCA, permitted with specific development and use standards.

“Garage, private” means a building that is intended to house vehicles and household items belonging to the owner or occupant of the principal residence. (Ord. 2950, 2007)

“Garage sales” means the occasional non-business public sale of secondhand household goods and other goods incidental to household uses. The term also includes yard sales, patio sales, and the like. The term does not include any sales defined as itinerant outdoor sales. (Ord. 2950, 2007)

“General repair” means a place and/or building, or portion thereof, that is used or is intended for the repair of consumer goods such as shoes, bicycles, appliances, business equipment, and the like. The term does not include repair of vehicles or industrial equipment.

“General sales” means a place and/or building, or portion thereof, that is used or is intended for retail sale of a diverse product line. The term includes grocery stores, warehouse retail outlets, comparison shopping stores, full-line department stores, and the like.

“General services” means a place and/or building, or portion thereof, that is used or is intended for providing services not otherwise included in any other service type category. The term includes photography studios, weight loss centers, commercial postal services, beauty shops, pet grooming shops, photocopying and printing services, linen services, dry cleaning services, diaper services, and the like.

“Geological hazard” means the potential for geological instability arising from geologic features or conditions, including faults, landslides, avalanches, stream channel movement, fluvial erosion, and the like.

“Glare” means luminance in excessive of what the human eye is accustomed to resulting in annoyance, discomfort, or loss of visual performance and visibility.

“Golf course/driving range” means a place, whether organized for profit or not, that is used or is intended for playing golf.

“Grade control structure” means a structure consisting of stones, rocks, or analogous material that is placed on the bed of a stream to control or otherwise influence the grade of the stream.

“Grading” means the excavation or fill of soil material, including the resulting conditions thereof.

“Groundcover” means a low-growing plant material (other than turf grass) that characteristically does not grow higher than 18 inches and forms a more or less continuous cover over the ground surface.

“Groundwater” means water occupying the voids within a geologic stratum and within the zone of saturation.

“Group day care home” means a private residence in which day care (meaning care is less than 24 hours per day) is provided to 7 to 12 children on a regular basis. (Source: 52-2-703, MCA)

“Growth policy” means that document the City Commission has adopted consistent with 76-1-601, MCA.

“Hazard” means any condition, whether man-made or natural, which presents a tangible danger to the public health, safety, and general welfare.

“Hazard to air navigation” means an obstruction determined to have a substantial adverse effect of the safe and efficient utilization of the navigable airspace.

“Hazardous substance” means any material regulated by the "Emergency Planning and Community Right-to-Know Act of 1986" 42 USC 1101-11050, as may be amended.

“Hazardous waste” means a waste or combination of wastes that because of its quantity, concentration, or physical, chemical, or infectious characteristics, may (1) cause or significantly contribute to an increase in mortality or an increase in serious irrevers­ible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transport­ed, or disposed of or otherwise managed. The term does not include substances governed by Title 82, Chapter 4, Part 2, MCA. (Source: 75-10-403, MCA)

“Health care clinic” means a place and/or building, or portion thereof, that is used or is intended for providing medical services including prevention, diagnosis, treatment, or rehabilitation. The term includes dental clinics, doctor’s offices, and sports medicine facilities. The term does not include those uses as classified as a health care facility. (Ord. 2950, 2007)

“Health care facility” means a place and/or building, or portion thereof, whether public or private, excluding federal facilities, whether organized for profit or not, that is used or is intended to provide health services, medical treatment, or nursing, rehabilitative, or preventative care to any person or individuals. The term does not include offices of private physicians or dentists. The term includes ambulatory surgical facilities, hospitals, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatment facilities, and adult day-care centers as defined in State law. (Source: 50-5-101, MCA)

“Health care sales and services” means a place and/or building or portion thereof, that is used or intended to provide for the sale of health care products and services. The term includes pharmacies, vision care facilities, hearing aid facilities, prosthetic facilities, etc. (Ord. 2950, 2007)

“Height” means a line of measurement between two given points contained in a plane that is perpendicular to horizontal ground level. See Section 17.8.090 for definition of “building height.” (Ord. 2950, 2007)

“Heli-pad” means a place that is used or intended to land helicopters.

“Historic district” means a geographically defined area that possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development.

“Historic preservation advisory commission (HPAC)” means the commission created jointly by the Great Falls City Commission and Cascade Board of County Commissioners to administer its local preservation program consistent with State and local requirements and/or guidelines.

“Historic preservation officer” means the individual so designated by the City.

“Historic structure” means any structure that is a contributing or a primary structure or any structure individually listed on the National Register of Historic Places.

“Home occupation” means any occupation, profession, enterprise, or similar activity that is conducted on the premises of a single-family residence as an accessory use and that would be compatible in size and scope in an urban residential setting. The term does not include hobbies or similar non-commercial activities or any activity that would meet the definition of heavy industry.

“Home owners association” means a corporation consisting of homeowners and created pursuant to State law for the purpose of owning, operating, and maintaining various common properties.

“Horizontal surface” means a horizontal plane one hundred fifty feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

“Hotel/motel” means a building that is used, intended, kept, maintained as, advertised as, or held out to the public to be a hotel, motel, inn, motor court, tourist court, public lodging house, or place where sleeping accommodations are furnished for a fee to transient guests (as defined in State law) with or without meals. (Source: 50-51-102, MCA)

“Hotspot” means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.

“Household” means one or more individuals (related or unrelated) that usually occupy a dwelling unit.

“Illuminance” means the amount of light falling on a surface. Illuminance may be measured in lux or in foot-candles.

“Illuminating Engineering Society of North America (IESNA)” means a professional organization that was created to advance knowledge and disseminate information for the improvement of the lighted environment to the benefit of society. Its membership includes engineers, architects, designers, manufacturers, contractors, distributors, utility personnel, educators, students, and scientists.

“Immediate family” means a spouse, children by blood or adoption, and parents.

“Impervious surface” means that portion of a lot that substantially reduces or prevents the infiltra­tion of stormwater into the ground. It includes areas of compacted soil and surfaces such as buildings, sidewalks, parking lots, driveways, and similar features.

“Incidental sign” means a sign indicating services, credit cards, hours of operation, or other similar information that pertains to the premises where the sign is located.

“Indoor entertainment” means a place and/or building, or portion thereof, that is used or is intended for indoor entertainment of all types. The term includes theaters, movie theaters, dance halls, theaters for performing arts, and the like.

“Indoor sports and recreation” means a place and/or building, or portion thereof, that is used or is intended for indoor recreation of all types. The term includes bowling alleys, skating rinks, billiard and pool halls, arcades, athletic clubs, indoor racquetball courts, athletic training centers, gyms, and the like.

“Industrial, heavy” means a place and/or building, or portion thereof, that is used or is intended for the following or similar uses: processing or manufacture of materials or products predominantly from extracted or raw materials; storage of or manufacturing processes using flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. The term includes motor vehicle assembly, oil refineries, textile production, sawmills, post and pole plants, log yards, asphalt and concrete operations, primary metal processing, and the like.

“Industrial, light” means a place and/or building, or portion thereof, that is used or is intended for the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing. The term includes furniture production, metal fabrication, apparel manufacturing, printing, publishing, and the like.

“Industrial park” means a planned and coordinated development designed to accommodate a variety of and more than 2 industrial uses.

“Industrial zoning district” means any zoning district established by this Title that has an “I” followed by a number as its abbreviation (e.g., I-1).

“Inhabited area" means any residence, any other structure regularly occupied by people, or any outdoor area used by people on a regular basis. (Ord. 2950, 2007)

“Infill development” means the construction of new struc­tures on one or more vacant lots within a previously established or approved development or area.

“Instream structure” means any structure that is placed within the ordinary high water mark for irrigation purposes, for controlling lateral or horizontal stream movement. Examples include bank stabilization, grade control structures, headgates, and the like.

“Instructional facility” means any place and/or building, or portion thereof, that is used or is intended to offer instruction, training, or tutelage in such areas as gymnastics, dance, art, music, martial arts, and the like.

“International Building Code” current, adopted edition of the International Building Code published by the International Codes Council.

“Interstate highway” means a roadway intended to carry vehicles over long distances with access restricted to interchanges. This is one level in the City’s functional classification system for roads within its jurisdiction.

“Itinerant outdoor sales” means a place that is used or is intended for retail sales over a limited duration. The term includes seasonal sales such as fireworks and Christmas trees, flea markets, and the like. The term does not include private yard or garage sales or the sale of agricultural products produced on the premises.

“Irrigation ditch” means a man-made structure to carry water for irrigation purposes.

“Irrigation system” means a permanent, artificial watering system designed to transport and distribute water to landscape plants.

“Junk vehicle” means a discarded, ruined, wrecked, or dismantled motor vehicle, including compo­nent parts, which is not lawfully and validly licensed and remains inoperative or incapable of being driven. (Source: 75-10-501, MCA)

“Junk yard” means a place and/or building, or portion thereof, that is used or is intended for selling, exchanging, storing, cleaning, packing, processing, or otherwise handling salvage materials.

“Land clearing” means the removal of trees, understory, shrubbery, brush, groundcover, and/or topsoil from any part of the land. The term does not include standard maintenance practices including lawn mowing, pruning, and the like.

“Land development” means any activity that must comply with the provisions of this Title.

“Land use” means, as the context would indicate, (1) the development that has occurred on the land (2) development that is proposed on the land, or (3) the use that is permitted on the land under an adopted and legally enforceable regulatory framework.

“Landscape architect” See: registered landscape architect.

“Landscape plan” means a scaled plan that shows the areas of a site to be landscaped and provides design, planting, and irrigation specifications.

“Landscaping” means living material (e.g., turf grass, ground cover, shrubs, vines, hedges) and nonliving durable material commonly used in landscaping (e.g., bark, rocks, pebbles, decorative walls, fences, art and benches).

“Landslide” means a natural movement of a large mass of soil and/or rock moving down slope under gravitational forces.

“Large equipment rental” means a place and/or building, or portion thereof, that is used or is intended for renting large equipment that is normally stored out of doors. Typical items would include trucks, vertical lifts, fork lifts, back hoes, other types of heavy equipment, and modular buildings.

“Larger than utility runway” means a runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.

“Lattice tower” means a self supporting support structure, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment.

“Legislative decision” means a decision generally discretionary in nature, made by elected governmental officials, that creates a new law or that repeals or modifies a previously adopted law. The adoption of a local comprehensive plan or a zoning code is an example of a legislative decision.

“Levee” means a manmade structure, usually earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

“Levee system” means a flood protection system which 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.

“Local street” means a roadway intended to predominantly provide access to adjoining properties. Traffic speeds are characteristically lower and access to and from driveways is frequent. This is one level in the City’s functional classification system for roads within its jurisdiction.

“Light manufacturing and assembly” means a place and/or building, or portion thereof, that is used or is intended for manufacturing and/or assembly of goods where no air contaminants or potentially offensive odors are emitted outside of the building or area of manufacture/assembly; no radioactive materials or hazardous substances or hazardous wastes or regulated substances are handled or produced. Such uses do not produce offensive noises outside of the building or area of manufacturing/assembly. Such uses typically have relatively small volumes of products shipped in and out, so as to not adversely impact neighboring uses (such as residential, office or commercial in mixed use zones). Typical uses include assembly of computers; testing, producing and/orpackaging software; packaging of pre-made goods; etc. This term does not include any uses specifically listed under the definition of “industrial, light”.

“Light meter” means a device that measures the amount of light energy falling on a given surface.

“Light trespass” means light emitted by a lighting installation that falls outside the boundaries of the property on which the installation is sited.

“Lighting fixture” See: luminaire.

“Loading area” means an off-street area set aside for the purpose of unloading or loading a motor vehicle, trailer, or truck.

“Local services” means any and all services or facilities the City is authorized to provide.

“Logo” means a graphic design representing an activity, service, or business.

“Lot” means a parcel of ground with a definable location based on a recorded survey or similar instrument. (Exhibit 8-4)

“Lot area” means the area of the horizontal plane bound by the vertical planes through front, rear, and side lot lines.

“Lot coverage” is a measure of land use intensity. It compares the portion of a site that is covered by impervious surfaces with the overall area of the site. For example, a 2-acre site with 0.5 acres of impervious surface has a lot coverage of 0.25 or 25 percent (0.5 / 2 = 0.25).

“Lot line” means a line dividing one lot from another lot or from a street or alley.

“Low-profile sign” means a freestanding pole or monument sign with a height limit of 8 feet from finished grade to the top of the sign structure.

“Lowest floor” means any floor used for living purposes, storage, or recreation or that could be converted to such a use.

“Lumen” means a measure of light energy generated by a light source. Manufacturers list ratings for all their lamps. Average lumen ratings are slightly lower than initial lumen ratings.

“Luminaire” means a complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.

“Maintain” means to support, keep, and continue in an existing State or condition without decline.
“Manufactured home” See: Residence, manufactured/factory-built.

“Manufactured home park or subdivision” means a parcel or contiguous parcels of land divided into 2 or more manufactured home lots for rent or sale.

“Manufactured housing sales” means a place and/or building, or portion thereof, that is used or is intended for on-site display and sales of mobile homes, modular homes, or other forms of manufactured housing.

“Market value” means the value as reported on Cascade County Assessor’s roll.

“Marquee” means a permanent, roofed structure that projects over public property and is attached to and supported by a building.

“Marquee sign” means a sign attached to a marquee.

“Mean sea level” means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations are referenced.

“Micro-brewery” means a place and/or building, or portion thereof, which is used or is intended for (1) the manufacture of malt beverages and (2) the sale and on-site consumption of those beverages, along with other beverages and food.

“Mini-storage facility” means a place and/or building, or portion thereof, that is divided into individual spaces and that is used or is intended as individual storage units that are rented, leased, or owned. The term includes a tract of land used to store vehicles that are not for sale or trade.

“Miniature golf” means a place and/or building, or portion thereof, that is used or is intended for playing miniature golf.

“Minimize” means that no other alternative would result in a lesser impact.

“Minor arterial” means a roadway that is designed to carry vehicles quickly from place to place, but access to adjacent land use has a high priority. This is one level in the City’s functional classification system for roads within its jurisdiction.

“Mitigate” means to take an action designed to offset or rectify a negative effect.

“Mixed-use building” means a building that contains 2 or more of the following uses: residential, retail, office, employment, or civic.

“Mixed-use zoning district” means any zoning district established by this Title that has an “M” followed by a number as its abbreviation (e.g., M-1).

“Mobile home” means a dwelling unit that is: (1) constructed off-site; and (2) equipped with the necessary utility service connections; and (3) made so as to be readily movable as a unit or units on its (their) own running gear; and (4) designed to be used with or without a permanent foundation.

“Mobile home pad” means the area of a mobile home space which has been prepared for the placement of a mobile home.

“Mobile home park” means a place providing 2 or more mobile home lots for lease or rent to the general public. (Source: 50-52-101 MCA)

“Mobile home space” means a designated portion of a parcel of land designed for the accommodation of one mobile home and its accessory buildings or structures for the exclusive use of the occupants.

“Mobile home subdivision” means a tract of land specifically designed, improved and maintained for locating mobile homes, which is platted into lots, blocks and streets and the lots then sold or rented to the occupant.

“Modular home” See: Residence, manufactured/factory-built.

“Monopole” is a wireless communication facility which consists of a monopolar structure, erected on the ground to support wireless communication antennas and connecting appurtenances.

“Monument” means any structure of masonry, metal, or other permanent, durable material placed in the ground, which is exclusively identifiable as a monument to a survey point, expressly placed for surveying reference.

“Monument sign” means a low-profile, freestanding sign whose entire structure consists of solid material. Monument signs, in their entirety, are limited to a total height of 8 feet.

“Motor vehicle graveyard” means a place and/or building, or portion thereof, that is maintained and operated by a county and that is used or is intended as a collection point for junk motor vehicles prior to their disposal. (Source: 75-10-501, MCA)

“Motor vehicle wrecking facility” means a place and/or building, or portion thereof, that is used or is intended for buying, selling, or dealing in 4 or more vehicles per year, of a type required to be licensed, for the purpose of wrecking, dismantling, disassembling, or substantially changing the form of the motor vehicle; or a facility that buys or sells component parts, in whole or in part, and deals in secondhand motor vehicle parts. A facility that buys or sells component parts of a motor vehicle, in whole or in part, is a motor vehicle wrecking facility whether or not the buying or selling price is based upon weight or any other type of classification. The term does not include a garage where wrecked or disabled motor vehicles are temporarily stored for a reasonable period of time for inspection, repairs, or subsequent removal to a junkyard. (Source: 75-10-501, MCA)

“Mulch” means nonliving organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture, and that provide a protective covering around plants to reduce weed growth and to maintain even temperatures around plant roots. Examples include bark, wood chips, and coffee bean hulls.

“National Register of Historic Places” means the official list of the Nation’s historic places worthy of preservation. Authorized under the National Historic Preservation Act of 1966 and administered by the National Park Service, it is part of a national program to coordinate and support public and private efforts to identify, evaluate and protect our historic and archaeological resources. Properties listed in the National Register include districts, sites, buildings, structures, and objects that are significant in American history, architecture, archeology, engineering, and culture.

“Native material revetment” means bank stabilization using root wads, logs, boulders, vegetation plantings, and sod mats. This type of design improves visual and biological values as opposed to some of the more “hard” approaches such as rip-rap.

“Neighborhood council” means the elected body for one of the neighborhood districts within the City.

“Neighborhood district” means the geographic area established pursuant to the City’s charter.

“Neighborhood plan” means a plan for a geographic area within the boundaries of the jurisdictional area that addresses one or more of the elements of the growth policy in more detail. (Source: 76-1-103, MCA)

“New construction” means structures for which the start of construction, substantial improvement, or alteration commences on or after the effective date of these regulations.

"NIER" means non-ionizing electromagnetic radiation, which is electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum. (Ord. 2950, 2007)

“Noncombustible material” means material that does not ignite at or below a temperature of 1200 degrees Fahrenheit during a five-minute exposure and that does not continue to burn or glow at that temperature, as specified in the current, adopted edition of the International Building Code.

“Nonconforming building” means any building that at the time of construction conformed to existing rules and regulations, but is now inconsistent with this Title.

“Nonconforming structure” means any structure that at the time of construction or placement conformed to existing rules and regulations, but is now inconsistent with this Title.

“Nonconforming use” means any use of land that at the time of establishment conformed to existing rules and regulations, but is now inconsistent with this Title.

“Noncontributing structure, building or property” means a structure, building or property within a historic district that does not contribute to the historic integrity of the district.

“Non-cutoff luminaire” means a luminaire where a considerable amount of light occurs above the horizontal plane.

“Non‑ionizing electromagnetic radiation (NIER)” means electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum.

“Non-precision instrument runway” means runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.

“Nonstructural trim” means molding battens, caps, nailing strips, latticing, walkways, cutouts, or letters attached to a sign structure.

“Noxious weed” means any exotic plant species established or that may be introduced in the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses or that may harm native plant communities and that is designated by the Montana Department of Agriculture or by a weed management district.

“Nursing home” means a place that provides 24-hour services including room and board to unrelated residents who because of their mental or physical condition require nursing care.

“Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used.

“Off-premise sign” means a sign that directs attention to a business, commodity, service, activity, or product not sold, conducted, or offered for sale on the premise where the sign is located.

“Off-site facility” means any facility located outside of the subject property.

“Off-site liquor sales” means a place and/or building, or portion thereof, that is used or is intended for retail sales of alcoholic beverages for off-site consumption. The term includes package liquor stores.

“On-premise sign” means a sign that directs attention to a business, commodity, service, activity, or product sold, conducted, or offered for sale on the premise where the sign is located.

“On-site construction office” means a building placed on a construction site that is used by the contractor as a field office and removed when construction is complete.

“On-site facility” means any facility located inside of the subject property.

“On-site real estate sales office” means a residential dwelling in a residential development that is temporarily used as a sales office for other on-site residential dwellings.

“Open space” means a vacant, undeveloped or unimproved parcel or area of land that is intended to remain free of development. Such lands typically include undeveloped park lands or other public lands, private lands in high hazard areas or with conservation easements, open water bodies, etc.

“Ordinary high-water mark” means the line that water impresses on land by 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 value. A floodplain adjacent to surface waters is not considered to lie within the surface waters' high-water mark. (Source: 23-3-301, MCA)

“Outdoor entertainment” means a place and/or structure, or portion thereof, that is used or is intended for out­door, spectator-type uses or events. The term includes race tracks, motocross courses, sports arenas, concerts, religious assemblages, and the like.

“Outdoor entertainment, temporary” means a short-term outdoor event such as concerts, performances, religious assemblages and the like. The term does not include sporting events such as motocross, auto racing and the like. (Ord. 2950, 2007)

“Overall development plan” means the master site plan for a single tract of land showing the proposed project submitted for review and the conceptual layout of land excluded from the project. It is intended to show how the entire property will likely be developed over time.

“Overlay district” means a geographic area that is placed over land use districts that adds additional requirements to those of the underlying district.

“Owner of record” means the person, or persons, that are listed in the official county records as the legal owners of a tract of record.

“Parapet” means a low protective wall or railing along the edge of a raised structure such as a roof.

“Parcel of land” means a unit of land all parts of which are contiguous, including contiguous lots, in the possession of, owned by, or managed by the same person.

“Park” means a place and/or building, or portion thereof, that is used or is intended for recreational activities for use by the general public or by a homeowners' association. The term includes developed and undeveloped areas and neighborhood recreation centers.

“Park dedication” means land set aside by the developer for park purposes.

“Park dedication, cash-in-lieu of” means a cash payment that is equal to the assessed value of the land that would have been dedicated for park dedication purposes.

“Parking garage” means an off-street building used to temporarily park vehicles.

“Parking lot” means an off-street area, located beyond the right-of-way or easement of a street, used to temporarily park vehicles.

“Parking lot, principal use” means an off-street parking facility intended to temporarily store vehicles, not accessory to any principal use. (Ord. 2950, 2007)

“Parking structure” means a multilevel structure that is used or is intended for parking motor vehicles for a short duration. The term does not include underground parking.

“Pedestrian pass-through” means a walkway that provides unconstrained pedestrian access through a building.

“Pedestrian scale (human scale)” means the proportional relationship between the dimensions of a building or building element, street, outdoor space, or streetscape element and the average dimensions of a human body, taking into account the perceptions and walking speed of a typical pedestrian.

“Perimeter control” means a barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.

“Permanent foundation” means a continuous foundation wall around the perimeter of a building.

“Permit” means a written governmental authorization allowing the holder to take action not otherwise allowed.

“Permitted use” means a use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations, and standards of such district.

“Person” means any individual, corporation, governmental agency, business trust, estate, trust, partnership, associa­tion, two or more persons having a joint or common interest, or any other legal entity.

“Planned unit development (PUD)” means a land develop­ment project consisting of residential clusters, industrial parks, shopping centers, or office building parks that comprise 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. (Source: 76-3-103, MCA)

“Planning Board” means the Great Falls Planning Advisory Board.

“Plat” means a graphical representation of a subdivision showing the division of land into lots, blocks, streets, alleys, and other divisions and dedications.

“Pole sign – a.k.a. freestanding sign” means a sign supported wholly by a pole or poles, I-beam or structure in the ground and not a part of or attached to a building at any point.

“Pollution or pollutants” means the presence in the outdoor atmosphere, ground, or water of any substance, contaminant, noise, or any other manmade or man-induced alteration of the chemi­cal, physical, biological, or radiological integrity of air, soils, or water, in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property.

“Porch” means a part of a building with a roof of its own that covers an entrance.

“Portable sign” means a sign that is not permanently affixed to a building, structure, or the ground.

“Precision instrument runway” means a runway having an existing instrument approach procedure utilizing an instrument landing system or a precision approach radar. It also” means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

“Premise” means a single tract of land; whether described by metes and bounds, certificate of survey, and/or by lot or lots and block designation as in a recorded plat, which at the time of application for a building permit or for taxation is designated by its owner or developer as the tract to be used, developed or built upon as a unit of land under single ownership or control.

“Preserve” means to save from change or loss and reserve for a special purpose.

“Primary structure, building or property” means a structure, building or property within a historic district that contributes to the historic integrity of the district.

“Principal arterial” means a road that carries vehicles efficiently from place to place. Access to adjacent land uses is a minor function for this classification. This is one level in the City’s functional classification system for roads within its jurisdiction.

“Principal building” means the primary building on a lot or a structure that houses a principal use.

“Principal land use” See: land use, principal.

“Private stable/barn” means a place and/or building, or portion thereof, that is used or is intended for noncommercial activities relating to rearing, training, and riding horses or raising other permitted livestock. This term includes pole barns.

“Professional engineer” See: registered professional engineer.

“Professional services” means a building, or portion thereof, that is used or is intended to house services involving predominant­ly professional, clerical, or similar operations where customers come on a regular basis. The term includes law offices, real estate offices, insurance offices, travel agencies, and the like.

“Projecting sign” means a wall sign that projects from and is supported by a building or structure.

“Projection” means the distance by which a sign extends over public property or beyond the building.

“Public improvement” means any structure or facility constructed to serve the residents of a subdivision or development project or the general public.

“Public notice” means that way in which a government uses or is required to use to formally notify people of a proposed governmental hearing or action.

“Public safety facility” means any place and/or building, or portion thereof, whether public or non-public, that is used or is intended for housing public safety services. The term includes ambulance services, fire stations, police stations, and the like.

“Public service use or facility” means a use operated or used by a public body or public utility in connection with any of the following services: water, waste water management, public education, parks and recreation, fire and police protection, solid waste management, transportation or utilities.

"Public view" means a point 6 feet above the surface of the center of any adjacent public right-of-way including but not limited to avenues, streets and alleys.

“Public way” means and includes all public streets and utility easements, now and hereafter owned by the City, but only to the extent of the City's right, title, interest or authority to grant a license to occupy and use such streets and easements for telecommunications facilities.

“Quasi‑public use” means a use serving the public at large, and operated by a private entity under a franchise or other similar governmental authorization, designed to promote the interests of the general public or operated by a recognized civic organization for the benefit of the general public.

“Railroad yard” means a place and/or building, or portion thereof, that is used or is intended for switching train cars, loading and unloading cars, and where train cars and engines are serviced and stored while not in use.

“Readily visible” means an object that stands out as a prominent feature of the landscape when viewed with the naked eye.

“Real estate sign” means a sign pertaining to the sale, lease or rental of land or buildings.

“Recharge” means the replenishment of underground water reserves.

“Recreation trail” means a linear path which may be dedicated to a single use or multiple uses. Examples include hiking trails, bike trails, x-country ski trails, and horse trails.

“Recreational vehicle” means a vehicular type unit primarily designed as a temporary living quarters for recreational, camping, or travel use that either has its own motor power or is mounted on or drawn by another vehicle.

“Recreational vehicle park” means a tract of land available to and principally used by the public for camping, where people can park recreational vehicles for camping and sleeping purposes.

“Recreational vehicle space” means a designated portion of a recreational vehicle park designed for the placement of a single recreational vehicle and the exclusive use of its occupants.

“Recycling center” means a place and/or building, or portion thereof, that is used or is intended for collecting and/or processing recoverable materials prior to shipment to others who use those materials to manufacture new products. Typical types of recoverable materials include glass, newspaper, metal, and plastic. The term shall not include a junk yard.

“Redevelopment” means the development of a site where the site was at one time developed and has been, or will be, cleared in whole or in part, to allow new construction.

“Registered architect” means an individual licensed to practice architecture in Montana.

“Registered land surveyor” means an individual licensed to practice surveying in Montana.

“Registered landscape architect” means an individual licensed to practice landscape architecture in Montana.

“Registered professional engineer” means an individual licensed to practice engineering in Montana.

“Regulated substance” means any hazardous sub­stance as defined in 75-10-602, MCA, or petro­leum, including crude oil or any fraction thereof, which is liquid at standard conditions of tempera­ture and pressure. This term does not include hazardous wastes as regulated by State law.

“Related equipment” means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to cable, conduit, and connectors.

“Remainder” means that part of an original tract which is not created for transfer, but which is left after parcels are segregated for transfer. (See letter of opinion from Montana Attorney General to Robert M. McCarthy, April 22, 1987)

“Remodel” means to only change the interior and/or exterior appearance of a structure, where there is not a change in the footprint and does not constitute alteration or substantial improvement.

“Residence, accessory” means place and/or building, or portion thereof, that is used, or is intended to provide housing, as a single family residence for a caretaker, employee or owner of the principle use and the like. This residence is accessory to a principle use. (Ord. 2950, 2007)

“Residence, condominiums” means separately owned single-family dwelling units with common elements located on property submitted to the provisions of the Montana unit ownership act, title 70, chapter 23, MCA.

“Residence, manufactured/factory-built” means a single-family dwelling unit built in a factory in accordance with the United States Department of Housing and Urban Development code or approved by the Montana Department of Labor and Industry Building Codes Bureau.

“Residence, multi-family” means a single building situated on one lot and that contains 3 or more separate dwelling units. Entrances to the dwelling units may be separate or combined. The units may be rented or owned as in a condominium.

“Residence, single-family detached” means a single building that is situated on one lot, contains one dwelling unit, and is not attached to any other dwelling unit by any means. The term includes factory-built homes, manufactured homes, and stick-built homes, but excludes mobile homes.

“Residence, townhouse” means a building containing multiple dwelling units where they are adjacent to one another on separate lots each having separate entrances.

“Residence, two-family” means a single building that is situated on one lot and that contains 2 dwelling units.

“Residence, zero lot line” means a single building that is situated on one lot, contains one dwelling unit, and is not attached to any other dwelling unit by any means. The side wall of the building is placed directly on or very close to one of the adjoining side yard property boundary lines. The term includes factory-built homes, manufactured homes, and stick-built homes, but excludes mobile homes.

“Residential zoning district” means any zoning district established by this Title that has an “R” followed by a number as its abbreviation (e.g., R-1).

“Restaurant” means a place and/or building, or portion thereof, that is used or is intended for the preparation and sale of food and beverages for consumption on or off site, and where consumption of beer, wine, or other liquors, if any, is clearly secondary and subordinate to the sale of food and beverages. The term does not include a grocery or convenience store with a food service section. Such establishments may include a drive-through window, and may or may not include on-site seating. (Ord. 2950, 2007)

“Retirement home” means a place and/or building, or portion thereof, that is used or is intended to provide independent living quarters, either owned or rented, to individuals generally 62 years of age or older. Limited commercial and medical facilities constructed and used for the exclusive use of residents shall be an accessory use of the retirement home.

“Rezoning” See: zoning map amendment.

“Right-of-way” means that land which the Montana Department of Transportation, county, or City has title to, or right of use, for public roads and appurtenances, including utilities.

“Right-of-way” means a strip of land dedicated or acquired for public use.

“Riprap” means a structure consisting of stone and or rocks (not concrete or other cement product) that is placed along the bank or bed of a stream for the purpose of alleviating lateral bank erosion.

“Riverfront Corridor” means the area along River Drive and Giant Springs Road extending between the southern and northeastern limits of the City.

“Road” See: street.

“Road maintenance agreement” means a written instrument recorded with the County Clerk and Recorder that defines how a private road will be maintained in perpetuity, or until such time as the City, county, or the State accepts it as a public road, and the rights and obligations of the parties to the agreement.

“Roadside farmer’s market” means a place and/or building, or portion thereof, that is used or is intended for the retail sale of produce grown exclusively on the premises.

“Roof sign” means a sign attached to roof structure – including parapet, fascia and rake framing, walls and/or columns of a building so that a portion of the advertising display is at or above roof level.

“Rotating sign” means a sign or portion of a sign that revolves or rotates.

“Runway” means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

"Salvage material" means material or fragments of material discarded as waste in manufacturing operations, or machines, tools, equipment or parts of these, no longer in serviceable condition, or such items and materials no longer used for their original intent or purpose or such items or materials which are valuable only as raw material for reprocessing. Examples include metal, rubber, textiles, rope, paper, leather, lumber, plastics, and equipment made of these.

“Sandwich board sign a.k.a. A-type sign” means a portable sign that rests on the ground and is not permanently attached to anything.

“Satellite earth station” means a telecommunication facility consisting of more than a single satellite dish smaller than 10 feet in diameter that transmits to and/or receives signals from an orbiting satellite.

“Screening” means a feature, such as a wall, fence, hedge, berm, or similar feature, used to shield or obscure elements of a development from adjacent sites.

“Secondhand sales” means a place and/or building, or portion thereof, that is used or is intended for retail sale of goods and merchandise which are not being sold for the first time. The term includes secondhand stores, thrift stores, consignment shops, and the like.

“Security lighting” means 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 of primary concern.

“Sediment control” means any measure that prevents eroded sediment from leaving the site.

“Semi-cutoff luminaire” means a luminaire where less than 5 percent of the lamp lumens occur above the horizontal plane and no more than 20 percent of the lamp lumens occur above 80 degrees.

Setback” means a specified horizontal distance between two actual or imaginary objects (e.g., property lines, ordinary high water mark, buildings, wells, septic systems, etc.)

“Sexually-oriented business” includes the following types of uses: adult arcades, adult book stores/adult video stores, adult cabarets, adult motels, and adult motion picture theaters.

“Shared parking” means one or more parking spaces that, partially or entirely, meet the parking requirements of two or more uses.

“Shopping center” means more than one sales or service use built on a single site which is planned, devel­oped, owned, and managed as an operating unit.

“Shrub” means a self-supporting woody perennial plant that characteristically grows to a height of 12 feet at maturity. It typically has multiple stems and branches continuous from the base.

“Sidewalk café” means an outdoor dining area located upon public property, including a sidewalk, and operated as an integral part of an adjacent restaurant where food and beverages are sold or served primarily for consumption on the premises.

“Sidewalk food vendor” means the sale of food and beverage from a mobile cart located on public property or within the public right-of-way.

“Sign” means a notice bearing a name, direction, warning, or advertisement that is displayed or posted for public view.

“Sign structure” means the supports, uprights, braces and framework of a sign.

“Silhouette” means a representation of the outline of a structure, especially a tower and antenna associated with a telecommunication facility, as seen from an elevation perspective. (Ord. 2950, 2007)

“Site-built home” means a dwelling unit that is constructed on the site on which it will be located.

“Site plan” means a plan drawn to scale that shows the layout of existing and proposed features including property lines, easements, structures, uses, utilities, parking areas, streets, signs, buffers, landscaping, adjacent land uses and other information as may be required.

“Small equipment rental” means a place and/or building, or portion thereof, that is used or is intended for renting small equipment and supplies that typically are stored indoors. Typical rentals include hand tools, party equipment, lawn care and yard equipment.

“Soil amendment” means organic and inorganic materials added to soil to improve texture, nutrients, moisture holding capacity, and infiltration.

“Soil stabilization” means the use of practices that prevent exposed soil from eroding.

“Solid waste” means all putrescible and nonputrescible wastes. (Refer to: 75-10-103, MCA)

“Solid waste transfer station” means a place and/or building, or portion thereof, that is used or is intended for temporary collection of solid waste prior to transport to a processing plant or to final disposal. (Refer to: 16.14.403, ARM)

“Special event” means a promotional or community event, e.g. a bazaar, street fair, show, exhibition, sporting event or fun run.

“Special exception” See: conditional use.

“Special improvement district (SID)” means a geographic area established by a local governing body where property owners pay a special assessment to finance public improvements (e.g., sidewalks, lighting).

“Specialty sales” means a place and/or building, or portion thereof, that is used or is intended for retail sale of a limited product line. The term includes antique shops, furniture stores, auto part stores, bookstores, drug stores, clothing boutiques, pet stores, and the like.

“Specified anatomical areas” means the male genital in the state of sexual arousal and/or the vulva or more intimate parts of the female genitals.

“Specified sexual activity” means and includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; or (4) e