Lamar City Zoning Code

(a)

This chapter, as amended from time to time, shall be known and may be cited as the City of Lamar Zoning Code. It may also be called the Land Use and Development Code.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

This chapter is authorized by § 31-23-101, et. seq., C.R.S.; § 29-20-101, et. seq., C.R.S., § 31-12-101, et. seq., C.R.S., and § 24-65-101, et. seq., C.R.S., as amended.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

(a)

This chapter is enacted for the purpose of promoting the health, safety, quality of life, convenience, order, prosperity, and welfare of the present and future inhabitants of the city by lessening of congestion in the streets or roads, securing safety from fires and other dangers, providing light and air, avoiding undue congestion of the population, facilitating the adequate provision of transportation, water, wastewater, schools, and other public requirements, securing protection of the tax base, and by other means in accordance with the City of Lamar Comprehensive Plan.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

These regulations apply to all land and all land uses within the municipal boundaries of the City of Lamar, Colorado.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

If any section, subsection, paragraph, clause, phrase or provision of these regulations shall be adjudged invalid or held to be unconstitutional by a court of competent jurisdiction, the validity of these regulations shall not be affected in whole or in part, other than the provision adjudged to be invalid or unconstitutional.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building or portion of the main building, the use of which customarily is incidental to that of the main building or to the main use of the premises. For the purposes of this chapter, the term "accessory building" shall include dish antennas and similar structures.

Accessory dwelling unit means a smaller, independent residential dwelling unit with separate cooking and bathroom facilities located on the same lot as the primary dwelling unit that can either be a free-standing structure or attached to the principle dwelling or garage, provide the basic requirements of shelter, and meet the adopted building and fire codes, as applicable. An accessory dwelling unit must be affixed to a permanent foundation and connected to city utilities. An accessory dwelling unit does not include mobile homes, recreational vehicles, or travel trailers.

Accessory use means a subordinate purpose for which the land or structures thereon are designed or intended.

Affordable housing unit means a dwelling unit which is available for purchase or rent on terms that would be affordable to households based on Prowers County AMIs earning 100 percent or less of the area median income for purchase or earning 60 percent or less of the area median income for rental of city residents, as adjusted for family size, and paying less than 30 percent of their gross income for housing, including principal, interest, taxes, insurance, utilities, and homeowners' association fees.

Alley means a public thoroughfare which provides only a secondary means of access to abutting property, the right-of-way of which is 20 feet or less in width.

Alter means any structural change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders or floor joists.

Animal hospital or clinic means an establishment where animals are admitted principally for examination, treatment, board or care by a doctor of veterinary medicine. This does not include open kennels or runs.

Apartment. See Dwelling, multiple family.

Aquaculture means the science and endeavor of producing and raising, on a commercial basis, fish or shellfish in confined tanks or beds of water.

Basement means a story having part, but not less than one-half, of its height below grade.

Board of adjustment and appeals means the legally-appointed municipal board empowered to hear and decide appeals from, and to provide interpretations of the terms of, the zoning regulations and official zoning map, and review variance requests, as defined within this article, and in accordance with state laws. The board member composition is defined in Article IX, Section 9.2 of the City Charter. Planning and zoning commission members may serve, however, city council liaison members are prohibited from serving on this board.

Boardinghouse means a building other than a hotel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three or more persons, but not exceeding 20 persons.

Building means any structure designed or intended for the enclosure, shelter or protection of persons, animals or property. When a structure is divided into separate parts by unpierced walls from the ground up, each part is deemed a separate building.

Building height means the vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of a flat roof to the deck line of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.

Building official means the person designated by the city council to administer these zoning regulations, whether such person is entitled building official, planner, building inspector, administrative official, public works director, enforcing officer or zoning official.

Car wash means an establishment having facilities designed or used exclusively for washing or cleaning motor vehicles.

Cellar means a story having more than one-half of its height below grade.

Child care. See Day nursery.

Clinic. See Medical, dental or health clinic.

Club or lodge means a nonprofit association or organization formed for fraternal, social, educational, philanthropic or other similar purposes, including unions and professional organizations.

Comprehensive plan means the duly adopted 2025 comprehensive plan and future amendments for the development of the community which includes maps, charts, illustrations and texts for the following:

(1)

Land use studies;

(2)

Goals and objectives;

(3)

Population study and forecasts;

(4)

Economic study;

(5)

Housing survey;

(6)

Transportation plan;

(7)

Central downtown business district plan;

(8)

Community facilities and public utilities plan; and

(9)

General development plan.

Condominium means an individually-owned, dwelling unit, or commercial unit located in a multifamily structure where the surrounding lot area is held in common and maintained through a special ownership agreement.

Day care center. See Day nursery.

Day care home. See Day nursery.

Day nursery includes the following:

(1)

Child care. See Day care home, day care center and large day care home.

(2)

Day care center means a facility which is not the caregiver's residence, and which provides day care for 13 or more unrelated children.

(3)

Day care home means a facility in which the primary caregiver provides day care out of his or her home for two to six unrelated children.

(4)

Large day care home means a facility in which the primary caregiver provides day care out of his or her home for seven to 12 unrelated children.

(5)

Preschool means an establishment which provides educational services for unrelated children aged five years and under and/or below the age required for entrance into the public school system.

Dwelling, multiple family or multifamily means a residential building designed for three or more dwelling units

Dwelling, single-family means a detached residential dwelling unit, other than a mobile home.

Dwelling, two-family means a detached residential building containing two dwelling units including duplexes.

Dwelling unit means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.

Family means one or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, group home, fraternity or sorority house, lodging house, hotel or motel.

Floodplain means land area subject to inundation from surplus stormwater, as defined by the U.S. Federal Emergency Management Agency (FEMA) flood insurance study, and as depicted on the flood insurance rate map for the community.

Frontage means all the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street. Where a street is dead-ended, the frontage shall be considered as all that property abutting on one side between an intersecting street and the dead end of the street.

Garage, private means an accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

Garage, public means a building or portion thereof, other than a private or storage garage, designed or used for equipping, repairing, parking, hiring, servicing, selling or storing motor-driven vehicles.

Good repair means a condition which not only meets minimum standards of health and safety, but which also guarantees continued attractiveness, structural soundness and usefulness.

Grade means the lowest point of elevation of the finished surface of the ground within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

Gross floor area means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, any space where the floor-to-ceiling height is less than six feet, or any area more than 50 percent below grade.

Group home means a residential dwelling where people are living together as a single housekeeping unit with full-time staff providing care, supervision, and treatment for the exclusive use of citizens protected by the Fair Housing Act Amendments, as defined in that Act and interpreted by the courts, or by any similar legislation of the State of Colorado.

Home business means the conduct of a business, occupation or trade as an accessory use entirely within a residential building or accessory structure for gain or support by residents of the dwelling and employees residing off-premises, which may serve patrons on the premises.

Home occupation means the conduct of a business, occupation or trade as an accessory use entirely within a residential building or accessory structure for gain or support, only by residents of the dwelling and employees residing off-premises which does not serve patrons on the premises, except in an incidental manner.

Hospital means an establishment used primarily for inpatient care and provision of health, medical, mental and surgical care of the sick or injured.

Hotel and motel mean any nonresidential building or portion thereof providing guestrooms used, designed to be used, let or hired out for occupancy by persons on more or less a temporary basis.

Improvement means any building, structure, place, work of art or other object constituting a change to real property or any part thereof.

Industrial use means property used for industrial purposes, such as factory offices, factory warehouses, industrial parks or light and heavy manufacturing buildings.

Junkyard or salvage yard means a lot, parcel or tract of land, including buildings, used primarily for the collection, storage and sale of waste paper, rags, scrap metal or other discarded material or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof that meets the required site standards of this chapter.

Kennel means any house, building, structure, premises or land where more than three dogs over the age of four months are kept.

Landscaping means the preservation of the existing trees, xeriscaping, shrubs, grass and decorative materials on a lot, tract or parcel of land, the rearrangement thereof or the modification thereof by planting or installing more or different trees, shrubs, grass, groundcover, or decorative materials.

Large day care center. See Day nursery.

Loading space, off-street means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Lot.

(1)

The term "lot" means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on any improved public street or on an approved private street and may consist of:

a.

A single lot of record;

b.

A portion of a lot of record;

c.

A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record; or

d.

A parcel of land described by metes and bounds.

Provided that, in no case of divisions or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

(2)

The term "lot" includes the term "plot" or "parcel."

Lot coverage means that area or portion of a lot which is occupied or covered by all buildings on that lot.

Lot frontage means the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definition of the term "yard" in this section.

Lot measurements are defined as follows:

(1)

Depth of a lot is considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in the front and the rearmost points of the side lot lines in the rear.

(2)

Width of a lot is considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the 80-percent requirement shall not apply.

Lot lines means front, side, and rear lot lines. The front lot line shall be determined by the main entrance to a property. The rear lot line shall typically be the opposite of the front lot line or located on an alley, or secondary access.

Lot of record means a lot which is part of a subdivision recorded in the office of the county clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Lot type. See the diagram below which illustrates terminology with reference to types of lots.

Maintenance means the keeping of property in an existing state with similar and like materials. Examples of maintenance include, but are not limited to, scraping and painting, replacement of rotted wood or broken glass, repair work on steps and porches, replacement of existing doors and windows and replacement of shingles. Examples that are not considered maintenance include, but are not limited to, the alteration of a roof line, addition of bay windows or dormers and addition of porches and roofs.

Manufacture means any method of processing, developing, fabricating or assembling raw materials, semi-finished materials or parts into a semi-finished or finished product.

Manufactured home means a single-family dwelling means a factory-built dwelling that is manufactured or constructed to comply with the standards of the National Manufactured Housing Construction and Safety Standards Act of 1974 and is to be used as a place for human habitation and is attached to an engineered permanent foundation connected to City utilities.

Medical clinic, dental clinic or health clinic means any building designed for use by one or more persons lawfully engaged in the diagnosis, care and treatment of physical or mental diseases or ailments of human beings, including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists, psychiatrists and podiatrists; and in which no patients are lodged overnight. The definition of the term "medical clinic," "dental clinic" or "health clinic" shall not include a medical marijuana center.

Medical marijuana center means the use of property for profit or otherwise which is operated by any person, including, but not limited to, a patient or caregiver, and which is used to cultivate, distribute, transmit, give, dispense or otherwise provide marijuana in any manner to any other person, other patient or other caregivers in accordance with section 14 of article IV of the state constitution and the implementing state statutes and administrative policies. As used in this section, the terms "patient" and "caregiver" shall have the meanings provided in section 14 of article IV of the state constitution and the implementing state statutes and administrative policies.

Medical marijuana retail/dispensary means the use of property for profit or otherwise which is operated by any person, including, but not limited to, a patient or caregiver, and which is used to cultivate, distribute, transmit, give, dispense or otherwise provide marijuana in any manner to any other person, other patient or other caregivers in accordance with section 14 of article IV of the state constitution and the implementing state statutes and administrative policies. As used in this section "patient" and "caregiver" shall have the same meanings provided in section 14 of article IV of the state constitution and the implementing state statutes and administrative policies.

Mobile home means a dwelling which is designed to be transported on its own permanent chassis after fabrication, and is designed to be used as a dwelling, with or without permanent foundation, when the required plumbing, heating and electrical facilities are connected. Mobile homes shall comply with the HUD Code. New or used mobile homes installed in City limits shall comply with the standards of the National Manufactured Housing Construction and Safety Standards Act of 1974 (hereinafter referred to as the HUD Code).

Mobile home park means any park, court, camp, lot, area, piece, parcel, tract or plot of ground upon which two or more mobile homes/tiny homes are used, whether for compensation or not, including all accessory uses thereof.

Modular home or building means a factory-assembled structure that is transportable in multiple sections and assembled on location. It is designed to be used as a dwelling or building with connections to required utilities and is certified by its manufacturers as being constructed in accordance with a nationally recognized building code and is designed to be affixed permanently to its final destination on an approved foundation constructed in compliance with nationally recognized building code. A modular home does not include a mobile home or manufactured home.

Nameplate means a small announcement sign bearing the name only of the occupant or activity within the building. Nameplates shall not contain commercial advertisement.

Nonconforming building means the use of a building or portion thereof lawfully existing at the time of the effective date of the initial ordinance and amendments thereto which does not conform with the provisions of this chapter.

Nonconforming use means any land lawfully occupied by a use, at the time of the effective date of the ordinance from which this chapter is derived, which does not conform with the provisions of this chapter.

Nursing home means an establishment or agency licensed by the state for the reception, board, care or treatment of three or more unrelated, elderly individuals.

Park means an area open to the public and reserved for gathering spaces, community agriculture and recreational, educational, cultural or aesthetic purposes.

Parking space, off-street means a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.

Planning and zoning commission means the planning and zoning commission of the city. This commission is the legally-appointed municipal board empowered to hear and decide appeals from, and to provide interpretations of the terms of, the zoning regulations and official zoning map, as defined within this article, and in accordance with state laws. The commission members composition is established in article IX section 9.4 of the City Charter. Council liaison members are voting members and are counted as part of a required quorum.

Platting or subdividing means the process established by the duly adopted subdivision regulations by the planning and zoning commission.

Preschool. See Day nursery.

Professional office means any building or part thereof used by one or more persons engaged in the practice of law, medicine, accounting, architecture, engineering or other occupation customarily considered as a profession.

Property means real property, including improvements thereon.

Public utility means any business which furnishes the general public telephone service, cable, internet/broadband, electricity, natural gas or water, and any other business so affecting the public interest as to be subject to supervision or regulation by an agency of the state.

Real property means land that has been legally defined and the improvements to it have been made by human efforts: buildings, machinery, wells, dams, ponds, mines, canals, roads, etc.

Recreation vehicle (RV) means a vehicular or portable unit mounted on a chassis and wheels, which either has its own motive power or is mounted on or drawn by another vehicle, such as travel trailers, tent trailers, tiny homes, truck campers, camping trailers or motor homes. A recreational vehicle is generally not designed or intended for use as a permanent dwelling place, but is to provide temporary living or sleeping quarters for recreational, camping or travel use.

Recreational vehicle park (RV park) or caravan park is a place where people with recreational vehicles can stay overnight, or longer, in allotted spaces. Tiny homes on trailers may be allowed.

Retail means to sell by small quantities in broken lots or parcels, not in bulk, directly to consumers.

School means a public elementary or secondary educational facility, which is under direction and control of the state board of education and the state superintendent of public instruction and/or a parochial elementary or secondary educational facility which offers the same general curriculum as that provided by a comparable public educational facility.

Setback means the distance between the lot line and the nearest exterior face of building wall.

Shipping container means a detachable prefabricated reusable container intended for transporting cargo and commonly called cargo containers, storage containers, transport containers, marine cargo containers, and Conex boxes. They are self-contained without axles or wheels. Semi-truck trailers, sheds, and storage sheds shall not be considered a shipping container.

Short-term rental means rental of all of a furnished residential dwelling (e.g., historically used or intended for use as a single-family residence which includes a kitchen, sanitation facilities, bedrooms, etc.) for less than 30 days. This definition of short-term rentals excludes hotels, motels, boarding houses and bed and breakfasts.

Sign means any sign or other device which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization or business, but does not include any display of official notice or official flag.

Sign, advertising means a sign which directs the attention of the public to any goods, merchandise, property, business service, entertainment or amusement conducted or produced which is bought or sold, furnished, offered or dealt in elsewhere than on the premises where such sign is located or to which it is affixed.

Sign, business means a sign which directs attention to a business or profession conducted, or to products, services or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed. A for sale sign or a for rent sign relating to the property on which it is displayed is deemed a business sign.

Sign, flashing means any illuminated sign on which the artificial light is not constant in intensity and color at all times. For the purpose of this chapter, any revolving illuminated sign shall be considered a flashing sign.

Sign, illuminated means a sign designed to give forth artificial light or designed to reflect light derived from any source.

Sign, off-site means a sign other than an on-site sign.

Sign, on-site means a sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

Sign, sandwich means an advertising or business ground sign which is constructed in such a manner to form an "A" or tent-like shape, hinged or not hinged at the top, with each angular face held at an appropriate distance by a supporting member.

Skilled foot care means the administering of skilled nursing foot care to an individual's feet by or under the supervision of a registered nurse licensed by the state.

Skilled nursing foot care includes soaking of feet as needed, thoroughly drying feet, assessment of the condition of feet, cleaning debris from feet and nails, removing dead skin tissue from feet, trimming nails, thinning, pushing back the cuticles and educating the individual as to foot care needs.

Sight distance triangle means, on corner lots and where streets, alleys or driveways intersect each other, a triangle measured from the point of intersection of the flow lines abutting streets and/or alleys and driveways a certain distance along each such flow line.

Sober living home means a single-family dwelling that provides housing accommodation for individuals with a primary diagnosis of a substance use disorder that are protected by the Fair Housing Act Amendments, as defined in that Act and interpreted by the courts, or by any similar legislation of the State of Colorado.

Special event means any event where at least 50 people are brought together to watch or participate. Examples of special events include summer festivals, concerts, races, national celebrations, sporting competitions, exhibitions, tractor pulls and demolition derbies.

Storage means a site or building used for the keeping, in an outdoor area or building, of any goods, equipment, personal property, material, merchandise, or vehicles in the same place that is not for sale. The total storage is of a site or building shall be subordinate to the primary use and shall not be located in the front of buildings in commercial zones unless approved by a "warehouse" development permit.

Storage unit or warehouse means a building or site that uses more than 50 percent of the site or building area for storage.

Street line means the right-of-way line of a street.

Street frontage means that portion of a lot abutting a street and situated between lot lines intersecting such street; also referred to as lot frontage.

Structural alterations means any change or rearrangement of the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls which requires a building permit. For the purpose of this chapter, the following shall not be considered structural alterations:

(1)

Attachment of a new front where structural supports are not changed;

(2)

Addition of a fire escape where structural supports are not changed;

(3)

New windows where lintels and support walls are not materially changed; or

(4)

Minor repair or replacement of nonstructural members.

Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards and poster panels.

Subdivision means the division of a tract of land into one or more lots or parcels for the purpose of transfer of ownership or building development, or if a new street is involved, any division of a parcel of land. The term "subdivision" includes the term "resubdivision" and the term "resubdivision," as used herein, shall include any further subdivision of a lot or parcel of land previously subdivided, for sale, use or other purposes, which varies from the latest, approved subdivision of the same. Subdivision is subject to rules and regulation contained in chapter 22 Subdivision of the City Municipal Code.

Therapeutic massage means manipulation by a state-certified massage therapist of soft and muscle tissue of the human body for the purpose of maintaining good health, improving physical condition, improving the well-being of the individual, enhancing muscle relaxation, relieving muscular pain and reducing stress.

Townhouse or townhouse subdivision means a building consisting of fee simple estates to individual units having common vertical walls, together with fee simple title to the land on which each unit is built and any yard and parking space appurtenant to said unit; and any easements for ingress and egress and for installation, replacement, repair and maintenance of utilities appurtenant to a unit. No townhouse or townhouse project shall have common horizontal walls. No more than one primary structure or more than one single parcel may be part of a townhouse subdivision.

Transportation unit means any container of any type previously used in whole or in part on the public highways, roadways, roads, railways, waterways or other travelways to transport goods or products.

Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.

Use means the purpose for which land or structures thereon are designed or intended.

Use by right means an automatic use which is authorized by the zoning classification.

Used or occupied includes the term "intended, designed or arranged to be used or occupied."

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district, or uses in an adjoining zoning district. However, instances of alleged violation of section 30-80 dealing with obstruction of visibility at street intersections by flora only shall be appealable to the board of adjustment and appeals, the consideration of such matters not being deemed either an establishment or expansion of a use otherwise prohibited within this subsection.

Vocational school means an educational institution which provides specific training in a craft or skill to be pursued as a career.

Vacation rental means a property with a dwelling unit or guest house intended for permanent occupancy that is occupied by any person other than the primary owner for transient use (short-term rental); or is otherwise occupied or utilized on a transient basis. Vacation rental does not include a bed and breakfast inn permitted and operated in accordance with this Code, or occasional home exchanges.

Warehouse means a place adapted to the reception and storage of goods. For purposes of this chapter, the term "warehouse" may include any structure used to hold goods, stores or wares temporarily, or for a length of time.

Wholesale means selling to retailers or jobbers, rather than to consumers.

Wind energy conversion system (WECS) means any device, such as a wind generator or wind turbine, which is designed to utilize the force of wind to power machinery and/or produce another form of usable energy.

Yard means a required open space other than a court, unoccupied and unobstructed by a structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, front means a yard extending between side lot lines across the front of a lot adjoining a public street.

Yard, rear means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations, with its inner edge parallel with the rear lot line.

Yard, side means a yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full and half-depth front yards have been established shall be considered side yards. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations, with its inner edge parallel with the side lot line. For the purposes of these regulations, a two-family dwelling, or a multifamily dwelling shall be considered as one building occupying one lot.

Yard, special means a yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the building official shall require a yard with minimum dimensions, as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.

Zone or district means a portion, area or section of the city, for which uniform regulations governing the use, height, area, size and intensity of use of buildings, land and open spaces about buildings, are established.

(Ord. No. 1283, § 1(Exh. A), 11-17-2025)