The following rules shall apply in interpreting this Ordinance unless the context clearly indicates otherwise:

A.

Words used in the singular shall include the plural, and words used in the plural shall include the singular, and words in the present tense shall include the future.

B.

The word "shall" is mandatory and not discretionary.

C.

The word "may" is discretionary and not mandatory.

D.

The word "lot" shall include the words "piece" and "parcel."

E.

The word "building" shall include all structures of every kind.

F.

The phrase "used for" shall include the phrases "arranged for," "intended for," "maintained for," and "occupied for."

G.

The word "Council" is the Mayor and the Council.

H.

The word "Commission" is the Planning Commission.

Accessory Structure or Use: A building or use which: (1) is subordinate to and serves a principal building or principal use; (2) is subordinate in area, extent or purpose to the principal building or use served; (3) is located on the same zoning lot as the principal building or use. Accessory uses or buildings include, but are not limited to the following:

1.

Home occupations;

2.

Household pets;

3.

Satellite dishes;

4.

Private swimming pools;

5.

Greenhouses;

6.

Storage sheds;

7.

Garages, automobile parking;

8.

Storage of trailers, campers, motor homes, boats, snow vehicles, and other similar recreational vehicles located in rear yard.

Addition: An extension or increase in floor area or height of a building or structure.

Adult Business: A commercial establishment having as a principal activity an adult business. "Principal activity" is a use accounting for twenty percent (20%) or more of the business's stock in trade, display space, floor space or movie display time per month for adult activities characterized by an emphasis on matter depicting, describing or relating to the following exposed bodily parts: buttocks, genitals, pubic area or female breasts. Intended to include massage parlors as defined by State statute.

Adult Day Care: Both health and social services provided on a regularly scheduled basis (less than twenty-four (24) hours) in an environment to ensure optimal functioning of the client. Adult Day Care is further defined as follows:

Maintenance Model: One which provides services in health monitoring and individual and group therapeutic and psychological activities which serve as an alternative to long-term nursing care.

Restorative Model: One which provides intensive health supportive services prescribed to serve as an alternative to rehabilitation hospitalization.

Note: State rules and regulations governing Adult Day Care facilities may be amended from time to time and must be complied with before a facility shall be licensed.

Advertising Sign: See Sign.

Alley: A minor public way which is used primarily for secondary vehicular service access to the rear or side of properties otherwise abutting a street.

Alteration: See Structural Alteration.

Animal Shelter: A facility operated by the city or by a humane society pursuant to contract with the city, for the purpose of impounding and caring for animals.

Arcade: A commercial establishment having as a principal activity: electronic games, pinball machines and video games. "Principal Activity" is a use accounting for twenty percent (20%) or more of the business's floor space for electronic games, pinball machines and video games.

Assisted Living: The combination of housing and personalized care that is designed to respond to the individual needs of those who need help with the activities of daily living, such as bathing, grooming, and dressing. Services are provided on a twenty-four-hour basis and normally include three (3) meals a day that may be provided in a communal setting.

Assisted Living Facility: Individual living units that provide assistance to its tenants on a twenty-four-hour basis.

Automobile Service Station: See Gasoline Service Station.

Awnings: A structure which may overhang a public or private pedestrian walkway to provide protection from the elements.

Block: A piece of land usually bounded on all sides by streets or other transportation routes such as railroad lines, or by physical barriers such as water bodies or public open space and not traversed by a through street.

Board of Adjustment: A local body created by Charter, whose responsibility is to hear appeals from decisions of the Administration and to consider requests for variances and exceptions permissible under terms of the zoning ordinance.

Boarding, Lodging, Rooming, or Tourist Home: A dwelling other than a motel or hotel in which accommodations with or without meals are provided for not more than four (4) guests, exclusive of the occupant's family, for compensation.

Brewpub: An eating place which includes the brewing of beer as an accessory use. No more than thirty (30) percent of the product, either in bottles or kegs, may be sold to off-premises customers. Notwithstanding more restrictive provisions of this chapter, such accessory use may occupy up to twenty (20) percent of the gross floor area of the eating place.

Building: Any structure used or intended for supporting or sheltering any use or occupancy.

Building Coverage: The amount of land covered or permitted to be covered by a building usually measured in terms of percentage of lot.

Building Height: The vertical distance from the established grade elevation to the highest point of the coping of a flat roof, or to the deckline of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of the building:

1.

The elevation of the highest adjoining sidewalk or ground surface within a five foot (5′) horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet (10′) above lowest grade;

2.

An elevation ten feet (10′) higher than the lowest grade when the sidewalk or ground surface described in Item 1 above is more than ten feet (10′) above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building.

Building, Principal: A building containing the main or principal use of the lot and [which] does not meet the definition of accessory use.

Building, Temporary: A building not permanently attached to a foundation during the construction of a permanent structure on the same site for a period not exceeding one (1) year.

Bulk: The term used to indicate size, setback, [and] location of buildings with respect to each other on a single zoning lot, including the following specifications:

1.

Size of buildings;

2.

Location of exterior walls at all levels in relation to lot lines, streets, or other buildings;

3.

Gross floor area of buildings in relation to a lot area;

4.

Amount of lot area provided per dwelling unit.

Camper: A vehicle, eligible to be registered and insured for highway use, designed to be used as a temporary shelter for travel, recreational, and vacation purposes, but not for permanent residence. Includes, but [is] not limited to, equipment commonly called fifth wheels, independent travel trailer, dependent travel trailer, tent trailers, pickup campers, motor homes, and converted buses, but not mobile homes or manufactured homes.

Camper Trailer: A wheeled vehicle having an overall length of less than twenty-six feet (26′) without motor power, which is designed to be drawn by a motor vehicle over the public highways and which is generally and commonly used for temporary living or sleeping accommodations.

Certificate of Occupancy: Official certification that a premises conforms to provisions of the Zoning Ordinance, Uniform Building Code and all other applicable City Ordinances, and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures. Unless such a certificate is issued, a structure cannot be occupied.

Child Care Facility: Generally defined as a facility which provides less than twenty-four (24) hour care on a planned, regular basis to two (2) or more children not related to the caretaker.

Note: State rules and regulations governing day care facilities may be amended from time to time and must be complied with before a facility shall be licensed.

For the purposes of this Chapter, Child Care shall be further defined into the following classes:

1.

Family Child Care Home: Provides less than twenty-four-hour care for two (2) to six (6) children from infancy to eighteen (18) years. (Plus two (2) additional school age children.)

Experienced Family Child Care Provider: May have a maximum of nine (9) children.

2.

Large Family Child Care Home: Provides less than twenty-four (24) hour care for seven (7) to twelve (12) children between the ages of two (2) and eighteen (18) years.

3.

Child Care Center: A facility, by whatever name known, that is maintained for the whole or part of a day for the care of five (5) or more children who are eighteen (18) years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as day care centers, school-age child care centers, before and after school programs, nursery schools, kindergartens, preschools, day camps, and summer camps.

Clinic: An institution associated with a hospital or medical school that deals mainly with outpatients or a medical institution run by several specialists working cooperatively.

Club or Lodge, Private: A nonprofit association of persons, which owns or leases a building, or portion thereof, and uses such structures by members and their guests only.

Commercial Zones: Zoning districts designated for commercial uses including NB, CB, and CBD on the Sterling Zoning Map.

Common Wall: A wall which physically binds together two (2) or more units or spaces within the same building but which are owned or occupied by separate interests.

Comprehensive Master Plan: A document approved by the City Council and which may include, among other things, the general location, character and extent of streets, parks, playgrounds, airports, and other public spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned; the general location, character, layout and extent of community centers and neighborhood units; and the extent and layout of the replanning of blighted areas.

Conditional Use: The use of land, structure, or both that may be allowed with conditions deemed necessary upon recommendation of the Planning Commission and approval of City Council.

Condominium: An individual air space unit together with the interest in the common elements appurtenant to such unit.

Construction, New: Structures for which the "start of construction" commenced on or after the effective date of this Ordinance.

Cul-de-Sac: A dead-end street terminating in a vehicular turn-around area.

Density: A measure of the number of dwelling units or principal buildings per acre allowed in each zone district. "Gross density" is the maximum allowable density in each zone and is calculated by dividing the total number of dwellings or buildings by the overall site acreage, not including streets or public ways.

Development: Any man-made change to improved or to unimproved real estate, including but not limited to buildings, or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Director of Public Works: Person appointed by the City Manager charged with the administration of the Public Works Department.

Drive-in Establishment: A commercial establishment arranged so that traffic circulates on-site, and patrons may remain in their vehicles.

Dwelling Types:

Dwelling: Any structure used or intended for supporting or sheltering human habitation.

Dwelling, Single-Family: A building used exclusively for one (1) family and containing one (1) dwelling unit.

Dwelling-Single Family, Live/Work Space: A commercial building with a Single Family Dwelling to be allowed as an additional use in the commercial operation in a single structure.

Dwelling, Two-Family (Duplex): A building used exclusively for two (2) families and containing two (2) separate dwelling units separated by a common wall on a single lot.

Dwelling, Multiple: A building used exclusively for three (3) or more families living independently in separate dwelling units with common walls but not including motels, hotels, and resorts.

Dwelling Unit: Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by the currently adopted edition of the Uniform Building Code.

Easement: A right given by the owner of land to another party for specific limited use of that land.

Extension: An increase in the amount of existing use within an existing building or an increase in one area of land occupied or developed to a use.

Factory-Built Housing: A factory-built structure designed for long-term residential use. For the purposes of these regulations, factory-built housing shall consist of three (3) types:

Manufactured Home: A factory-built home manufactured under the authority of 42 U.S.C. Section 5401, the National Manufactured Home Construction and Safety Standards Act, transportable in one (1) or more sections, is eight (8) feet of the body or wider, built on a permanent chassis, and designed to be used as a dwelling.

Mobile Home: A transportable, factory-built home, designed to be used as a residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

Modular Home: Factory-built housing certified as meeting the requirements of the Uniform Building Code. Modular homes shall be subject to the same standards as site-built homes.

Family: An individual, or two (2) or more persons related by blood, marriage, or legal adoption, or a group of not more than four (4) persons who are not related by blood, marriage or legal adoption, living together in a dwelling unit.

Fence: A structure of fencing material and/or living plants used to enclose any lot with the purpose and intent of preventing passage across the lot line.

Final Plat: A map or chart of the subdivision, which shows boundaries of said lots, tracts or parcels and original parcel from which they were created, as a result of a monumented land survey.

Flea Market: The sale of merchandise by several businesses as part of an open market operation. Approved as a conditional use only.

Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waves and/or the unusual and rapid accumulation or runoff of surface waters from any source.

Floor Area, Gross: 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 (2) buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six (6) feet.

Floor Area, Minimum: The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts, courts, basements, and garages, but including additional floors. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

Garage, Motor Vehicle Repair and Service: A business establishment used for repair, rebuilding, reconstruction, painting, inside storage, and/or servicing of vehicles, including towing and wrecker service but which does not include the storage or dismantling of wrecked motor vehicles, or storage of junk.

Garage Sale: A retail sale conducted by the occupant of a single-family residence, or mobile home, or the owner/manager of a multifamily residence.

Gasoline Service Station: A building or property on or in which the principal use is the retail sale of gasoline, oil or other fuel for motor vehicles and which may include, as an incidental use, the retail sale and installation of vehicle accessories, the making of minor repairs, and facilities for washing and servicing of not more than three (3) vehicles if completely enclosed in a building.

Grade: The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet (5′) from the building between the building and a line five feet (5′) from the building.

Group Home: No more than six (6) nonrelated persons living together in a dwelling unit with supervision by a person eighteen years of age or older and residing on the premises.

Home Occupation: An activity for gain conducted within a dwelling (or building or structure), carried on by the inhabitants of said dwelling and which is clearly incidental and secondary to the use of the dwelling for residential purposes. Additional regulations governing Home Occupations are located in Chapter VII of this Ordinance.

Hospital: A building used for the diagnosis, treatment and care of human ailments, but not including medical clinics, rest homes, convalescent homes, nursing homes, and retirement homes.

Hotel or Motel: A building or group of buildings containing guest rooms designed to be rented for temporary occupancy on a transient basis for compensation but not meeting the definition of "Boarding, Lodging, Rooming or Tourist Home."

Indoor Play Area: All interior area, excluding hall, kitchens, bathrooms, and closets.

Industrial and Business Classifications: For purposes of further defining industrial and business operations, the following terms have the following meanings:

1.

Extraction: Removal of physical matter in a solid, liquid, or gaseous state from its naturally occurring location; the initial step in the utilization of a natural resource;

2.

Processing: Change in the physical state or chemical composition of matter; the second step in the utilization of a natural resource;

3.

Manufacture/Fabrication: Change in the physical shape of matter; the final step in the utilization of a natural resource;

4.

Storage: The retention and safekeeping of goods in a warehouse or depository, including open storage;

5.

Repair: Restoration of a damaged or non-operating object to its original physical shape or operational function;

6.

Material: The substance or substances out of which a thing is or may be constructed or manufactured.

Industrial Zones: Zoning districts designated for industrial uses including LI and HI on the Sterling Zoning Map.

Jails: A building for the confinement of people who are awaiting trial or who have been convicted of minor offenses.

Junkyard: An area where scrap metal, paper, rags, tires and other waste and/or used materials are bought, sold, exchanged, stored, baled, packaged, disassembled or handled, or where machinery or motor vehicles not in running condition, are collected, dismantled, stored, or sold for parts. Any use conducted entirely within an enclosed building is not a junkyard.

Kennel: Any building, structure, or open space devoted wholly or partly to the raising, breeding, or harboring of four (4) or more animals that are more than four (4) months old.

Loading Berth: A space for truck traffic to maneuver on private property to utilize the loading dock.

Lot: Any continuous parcel of land legally defined by survey abutting a dedicated public way, except that a lot in a residential district need not abut a dedicated public way where access is provided by reservation, deed, covenant, or contract.

Lot Area: The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. The lot area required for zoning compliance shall be land other than that under any water body or wetland. Lot area shall be calculated on a square footage basis with an acre equaling 43,560 sq. ft.

Lot Coverage: The percentage of total lot area covered by structures, roofs, and/or used for vehicular access and storage.

Lot Frontage: That portion of a lot fronting upon and providing rights of access to a dedicated street. Lot frontage shall be measured continuously along only one street.

Lot Line: The lines bounding a lot as defined below:

Front Lot Line: The line separating the lot from the street on the narrow side.

Rear Lot Line: The line opposite the front lot line.

Side Lot Line: Any lot line other than front lot line or rear lot line.

Lot of Record: A lot for which a recorded plat or deed shows that it was owned separately and individually from adjoining tracts of land at a time when the recording of a lot of such area, depth and width in the same location would not have been prohibited by the Ordinance in effect at that time.

Lot, Types of:

Corner Lot: A lot abutting two (2) or more streets at their intersection or upon two parts of the same street and where, in either case, the interior angle formed by the intersection of street lines does not exceed one hundred thirty-five degrees (135).

Interior Lot: A lot other than a corner lot with one frontage on a street other than the alley.

Reversed Corner Lot: A corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear.

Through Lot: A lot which has public streets adjoining both front and back lot lines.

Lot Width: The distance parallel to the front lot line measured between side lot lines through that part of the building or structure where the lot is narrowest.

Manufactured Home, Class A: A manufactured home approved as meeting the following "acceptable similarity" standards:

1.

The manufactured home shall be new and shall have been manufactured within the previous twelve (12) months.

2.

The manufactured home shall be a minimum of twenty-four (24) feet in width and of sufficient length to meet the minimum square footage requirement of the zone district in which it will be located.

3.

The manufactured home shall be installed on an approved permanent foundation and have a permanent perimeter enclosure constructed in compliance with the currently adopted Guidelines for Manufactured Housing Installation, as amended, and the Uniform Building Code.

4.

The manufactured home shall have a roof pitch, covering, and a permanent perimeter enclosure similar to the surrounding dwellings or typical to residential construction.

5.

The manufactured home shall have cosmetically equivalent exterior siding, windows, doors and trim similar to the surrounding dwellings or typical to residential construction.

Manufactured Home, Class B: A manufactured home approved and meeting the following "acceptable similarity" standards:

1.

Homes manufactured more than twelve (12) months ago or previously owned Class A homes defined above.

2.

The manufactured home shall be a minimum of twenty-four (24) feet in width and of sufficient length to meet the minimum square footage requirement of the zone district in which it will be located.

3.

The manufactured home shall be installed on an approved permanent foundation and have a permanent perimeter enclosure constructed in compliance with the currently adopted Guidelines for Manufactured Housing Installation, as amended, and the Uniform Building Code.

4.

The manufactured home shall have a roof pitch, covering, and have a permanent perimeter enclosure similar to the surrounding dwellings or typical to residential construction.

5.

The manufactured home shall have cosmetically equivalent exterior siding, windows, doors and trim similar to the surrounding dwellings or typical to residential construction.

Mineral extraction: The removal from the premises, by any means possible, of sand, gravel, topsoil, minerals, or other natural resources from a lot or a part thereof.

Mobile Home Park: A parcel of land which has been planned, designated and developed for long term residential use and intended for rent or lease exclusively for mobile homes.

Mobile Home Park Permit: A permit granted under this Ordinance, by the City Council, after review by the Public Works Department and the Planning Commission; authorizing the operation, establishment, installation, or expansion of a mobile home park. This permit is in addition to and not in lieu of building permits that may be required for construction, alteration or expansion of a mobile home park.

Mobile Home, Permanent Addition: Shall mean any structural extension from any portion of a mobile home, not including temporary canvas or aluminum awning.

Mobile Home Space: A parcel of ground within a mobile home park designed for accommodation of a mobile home dwelling together with accessory structures.

Mobile Home Subdivision: A parcel of land which has been subdivided into lots, designated and developed for long term residential use and intended for sale where the residences are comprised of mobile homes.

Motor Home: A vehicle designed to provide temporary living quarters and which is built into, as an integral part of or a permanent attachment to, a motor vehicle chassis or van.

Nonconforming Building: Includes any legally existing building which does not conform to the applicable regulations of the zoning district in which such "nonconforming building" is located, either at the effective date of this Ordinance or as a result of subsequent amendments which may be incorporated into this Ordinance.

Nonconforming Lot: A legally created lot not conforming to current lot areas or requirements resulting from subsequent adoption or amendment of such requirements.

Nonconforming Use: Includes any legally existing use whether within a building or on a tract of land which does not conform to the use regulations of this Ordinance for the zoning district in which such nonconforming use is located either at the effective date of this Ordinance or as a result of subsequent amendments which may be incorporated into this Ordinance.

Nursing Home; Convalescent Home: An establishment with continuous day and night facilities providing room and board, personal service, and nursing care for the aged or infirm.

Occupancy: Is the purpose for which a building, or part thereof, is used or intended to be used.

Off-Street Parking: Any parking area surfaced with gravel, concrete or asphalt located wholly within the limits of one or more lots.

Open Space: Land intentionally left free of development for recreation, resource protection, amenities, aesthetics, hazard avoidance, or buffering purposes and that is protected by the provisions of this and/or other ordinances to ensure that such lands remain in such uses. Any development which is necessary to or customarily associated with open space uses shall be permitted only upon compliance with the provisions of this and other governing ordinances.

Outdoor Storage: The storage of materials, equipment, or commodities exterior of a walled structure. Such materials, equipment or commodities shall not include operable vehicles such as those stored as part of a new or used car lot or a parking lot.

Park: Land retained in an open condition for recreational use which may be improved with facilities associated with outdoor recreational activities. All facilities shall be built and maintained by either a unit of government, by a nonprofit corporation, or by private interest(s) as a part of a larger subdivision or development of land for use by the inhabitants thereof. Ownership of the land may be deeded or reserved to a property owners association or it may be dedicated to the public.

Planned Unit Development (PUD): A form of development usually characterized by a unified site design for a clustering of buildings, providing common open space, density increases, and a mix of building types and land uses. It permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot-by-lot basis.

Preliminary Plat: The map of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of the proposal prior to detailed engineering and design.

Professional Office: An office for professions, such as physicians, dentists, lawyers, architects, engineers, artists, designers, teachers, musicians, accountants, and others, who through training are qualified to perform services of a professional nature and where no storage or sales of merchandise exists.

Projections (into Yards): These are parts of buildings such as architectural features which are exempted to a specified amount, from the "yard" requirements of the Zoning Ordinance. This refers to bay windows, eaves, uncovered porches, and chimneys.

Public Building or Use: Any building open to the general use, participation, or enjoyment of the public and used by the municipality, county, state, or federal government, or any subdivision thereof.

Public Facilities: Those constructed facilities, including, but not limited to, transportation systems or facilities, water treatment facilities and necessary structures, wastewater treatment facilities and necessary structures, storm drainage facilities and necessary structures, and publicly owned buildings or facilities not otherwise listed.

Public Notice: A legal notice published in a newspaper of general circulation and/or mailed to property owners and interested parties which informs the public of the date, time, place, items of discussion and their locations, where pertinent, which are to be acted upon in a public hearing.

Public Utility: Those facilities customarily utilized by a public utility corporation, municipality, or municipal authority such as substations, pumping stations, reservoirs, and transmission lines.

Replat: The platting of a previously platted subdivision where lot lines are adjusted but where easements and public dedicated property lines remain unaltered.

Residential Zones: Zoning districts designated for residential uses, including R-1, R-2, R-3 and MH on the Sterling Zoning Map.

Retirement Home: An establishment used as a multiple dwelling residence for retired persons in separate dwelling units with limited accessory services such as recreation and other common facilities, but not including nursing or hospital care.

Right-of-Way: Land set aside for use as a street, alley, or space for utility lines.

Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, satellite dishes, and satellite microwave antennas.

Schools, College: A public or private institution of higher learning (beyond grade 12) providing courses as approved by the Colorado Department of Education or licensed by any agency of the State of Colorado.

Schools, Commercial: A building or group of buildings where instruction is given to pupils in arts, crafts, or trades, and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation.

Schools, Public, Private, and Parochial: A school for any grades between kindergarten and twelfth teaching accredited courses of instruction as approved by the Colorado Department of Education.

Setbacks: The distance between any property line and the wall or support of structure. Setbacks are not applicable for fences except where specifically indicated.

Sign: Any device for visual communication which is intended to, or in fact does, direct attention of the public whether by means of words, letters, trademarks, pictures, designs, objects or by any other means.

Sign shop: A commercial establishment having as a principal activity the fabricating of signs under seventy-two (72) square feet, banners, stencils, bumper stickers, decals and other graphics for commercial or private use.

Single Ownership: Refers to common ownership of property by one or more individuals or corporations directly, beneficially or as tenants in common.

Solid Waste: Garbage, refuse, sludge of sewage disposal plants, and other discarded solid materials resulting from industrial, commercial, and community activities, but does not include agricultural [waste].

Standards of Development: Regulations pertaining to the physical development of a site including requirements pertaining to yards, heights, lot area, fences, walls, landscaping area, open space, access, parking, signs, setbacks, and other physical requirements.

Street: Any public or private right-of-way used for or intended to be used for passage or travel by motor vehicles and affording a principal means of access to abutting property. "Street" shall include such terms as highway, road, avenue, boulevard, lane, place, or however otherwise designated.

Street, Arterial: A limited access street of great continuity, existing or planned, which serves as a principal trafficway carrying traffic volumes from one side of the City to the other.

Street, Collector: A street carrying traffic from local streets to arterial streets within the community.

Street, Local: A street of very limited continuity which serves or is intended to serve a small number of dwelling units.

Street Plan: A part of the extraterritorial agreement with Logan County showing location and dimensions of principal streets.

Structural Alteration: Any change, addition, or modification in construction.

Structure: A purposeful combination of materials fixed to the ground, or to some other structure. Structures include buildings, towers, masts, sheds, roofed storage areas, mechanical equipment, and signs. Structures do not include fences, walls, driveways, walkways, other paved areas or public utility lines and cables.

Structure, Permanent: A structure which is built of such materials and in such a way that it would commonly be expected to last and remain useful for an indefinite period of time given proper maintenance and repair.

Structure, Temporary: A structure which is built of such materials and in such a way that it would commonly be expected to have a relatively short, useful life, or is intended to be used for a short term only.

Subdivider: Any person, group or corporation acting as a unit, or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as defined in this Section.

Subdivision: The division of a lot, tract, or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development.

Tower (Radio and TV): The structure on which transmitting and/or receiving antennas are located.

Trailer: Any wheeled vehicle, without motive power, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and which is generally and commonly used to carry and transport property over the public highways.

Trailer Park: A parcel of land of at least one acre planned, designed and improved to accommodate transient travelling in a camper or trailer. Refer to Trailer Park requirements in the City Code.

Use: Goal, object, purpose or activity of property allowed to be carried on under the zoning regulations in that particular district.

Variance: An exception to the application of specific requirements of this Ordinance to a specific piece of property. Criteria and procedures for requesting and processing a variance are found in Chapter XIII of this Zoning Ordinance.

Veterinary Hospital: A building used for the diagnosis, treatment and care of animals or pets, including the boarding of animals for limited periods of time. It may include outdoor runs and pens.

Yard: An open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this Ordinance, on the lot on which a building is situated.

Yard, Front: A yard extending across the full width of the lot between the front lot line and the nearest line or point of the building.

Yard, Rear: A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.

Yard, Side: A yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building or accessory building attached thereto.

Zoning Compliance Permit: An official finding that a planned use of a property, as indicated by an application, complies with the requirements of the Zoning Ordinance or meets special requirements of a conditional use permit.

Zoning Lot: Is either: (a) a lot of record existing on the effective date of this Ordinance or any applicable subsequent amendment thereto, or (b) a tract of land either unsubdivided or consisting of two (2) or more contiguous lots of record which, on the effective date of this Ordinance or any applicable subsequent amendment thereto, was in single ownership, or (c) a tract of land, located within a single block, which at the time of filing for a building permit (or if no building permit is required, at the time of filing for a Zoning Compliance Permit), is designated by its owner or developer as a tract all of which is to be used, developed, or built upon as a unit under single ownership.

Zoning Yard: A setback concerning parking spaces to keep cars from protruding beyond the parking lot into public right-of-way or street.

(Ord. No. 12-1989, 8-22-89, eff. 8-25-89; Ord. No. 11-1992, 4-14-92, eff. 4-27-92; Ord. No. 13-1995, 7-25-95, eff. 8-4-95; Ord. No. 3-1996, 2-13-96, eff. 2-23-96; Ord. No. 10-1997, 4-8-97, eff. 4-18-97; Ord. No. 24-1997, 5-27-97, eff. 6-6-97; Ord. No. 55-1997, 10-28-97, eff. 11-7-97; Ord. No. 49-1998, 11-24-98, eff. 12-4-98; Ord. No. 51-1998, 11-24-98, eff. 12-4-98; Ord. No. 4-1999, 4-27-99, eff. 5-7-99; Ord. No. 30-2001, 10-23-01, eff. 11-2-01; Ord. No. 28-2002, 10-15-02, eff. 10-25-02; Ord. No. 9-2008, § 1, 9-9-08, eff. 9-19-08; Ord. No. 3-2010, 3-23-10, eff. 4-2-10; Ord. No. 4-2010, 5-11-10, eff. 5-21-10; Ord. No. 13-2017, 11-28-17, eff. 12-8-17)