§ 170.16   DEFINITIONS
   (A)   The following definitions shall apply to this Chapter:
      1.   Accessory Building or Use. An accessory building or use is one which is subordinate to and serves a principal building or use, is subordinate in activity, extent, or purpose to the principal use served.
      2.   Agriculture. The use of land for farming, dairying, pasturage, agriculture, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing produce, provided, however, that:
         a.   The operation of any such accessory uses shall be secondary to that of normal agricultural activities;
         b.   The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within fifteen hundred (1500) feet of any residential zoning district;
         c.   The agriculture does not include the operation or maintenance of a commercial stockyard or feedlot where large numbers of livestock are fed concentrated feeds particularly for the purpose of fattening for market.
      3.   Building Commissioner. An official, having knowledge in the principles of zoning and subdividing, who is appointed by the Town Council, to administer the Chapter and regulations.
      4.   Agricultural Building. A structure utilized for the conduct of farming operations but does not include a dwelling.
      5.   Airport. Any location, either on land, water, or structure which is designed or used for the landing and taking off of aircraft, including all necessary buildings and facilities, if any.
      6.   Alterations. Any change, addition, or modification in construction, or any change in the structural members of a building, such as bearing walls, columns, beams, or girders.
      7.   Apartment Building. A building providing more than two rooms or suites, or rooms designed as single-family dwellings and with each including culinary accommodations.
      8.   Applicant. The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
      9.   Area of Critical Concern. A geographic area or site, regardless of its size, that is significantly affected by, or has a significant effect upon natural, man-made, historical or environmental resources, or is in limited supply and is of local, regional statewide, or national importance.
      10.   Basement. A portion of the building partly underground but having less than half its clear height below the average grade of the adjoining ground.
      11.   Block. A tract of land bounded by streets, or a combination of streets and public parks cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
      12.   Board. Board of Zoning Appeals.
      13.   Boarding House. A building, not available to transients, in which meals are regularly provided for compensation for at least three (3) but not more than thirty (30) persons.
      14.   Bond. Any form of security including a cash deposit, surety, bond, collateral, or property in an amount and form satisfactory to the Town Council. All bonds shall be approved by the Town Council whenever a bond is required by these regulations.
      15.   Building. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind, and includes any structure.
         a.   Detached. Building with no party wall.
         b.   Semi-detached. A building with only one-party wall in common with another building.
         c.   Attached. A building which has two party walls in common with adjacent buildings.
      16.   Building Area. The maximum horizontal projected area of the buildings on a lot, excluding open steps or terraces, unenclosed porches not more than one story high, and architectural features that project no more than two (2) feet.
      17.   Building Height. A building's vertical measurements from the established grade to a point midway between the highest and lowest points on the roof; excluding chimneys, spires, towers, elevator penthouses, tanks, flagpoles, aerials, stacks, beacons, and similar projections of the building.
      18.   Building Line. A line parallel to the lot line at a distance therefrom equal to the depth of the yard required for the district in which the lot is located.
      19.   Building Site. An area proposed or provided by grading, filling, excavation or other means for erecting pads or foundations for buildings.
      20.   Business, General. Commercial uses which generally require locations on or near major highways, and/or their intersections, and which tend, in addition to serving day-to-day needs of the neighborhoods, also supply the more durable and permanent needs of the whole community.
      21.   General business uses include, but need not be limited to, such activities as major supermarkets, stores that sell hardware, apparel, footwear, appliances and furniture, and various department and discount stores. Also included here may be drive-in banks.
      22.   Business, Highway. Commercial uses which generally require locations on or near major highways and/or their intersections, and which tend to serve the motoring public. Highway business uses include, but need not be limited to, such activities as filling stations, automotive sales and service, restaurants and motels, and commercial recreation.
      23.   Capital Improvements Program. A proposed schedule of all future projects in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual Town’s operating expenses, for the purchase, construction, or replacement of the physical assets for the Town are included.
      24.   Cemetery. Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided.
      25.   Central Sewerage System. A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying or generally rural area.
      26.   Certificate of occupancy. A certificate signed by the Building Commissioner stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this Article.
      27.   Channel. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
      28.   Club. A building or portion thereof or premises owned or operated by a person for a social, literary, political, educational, or recreational purpose primarily for the exclusive use of members and their guests but not including any organization, group, or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.
      29.   Commission. The Town of Goodland Plan Commission appointed in accordance with the appropriate planning enabling act.
      30.   Comprehensive Plan or Master Plan. A document that herein may be referred to as a comprehensive plan, comprehensive development, or master plan. It is a plan for the physical development of the community within the jurisdiction of the local government prepared and adopted by the Commission, pursuant to state law, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.
      The document shall show the general location and extent of present and proposed physical development, including, but not limited to, housing, industrial and commercial uses, streets, parks, schools, and other community facilities.
      31.   Condominium. An estate consisting of an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof; together with a separate interest in real property, in an interest or interests in real property, or in any combination thereof.
      32.   Confinement Feeding. Any time 100 or more cattle, 100 or more swine or sheep, or 3,000 or more fowl are housed (or penned) and fed in a confined area.
      33.   Construction Plan. The maps, drawings and textual descriptions accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Commission as a condition of the approval of the plat.
      34.   County Recorder. The office of the County Recorder.
      35.   Covenant. A private legal restriction on the use of the land contained in the deed to the property or otherwise formally recorded.
      36.   Culvert. A drain that channels water under a bridge, street, or driveway.
      37.   Dedication. The setting apart of land or interests in land for use by the public by ordinance, resolution, or entry in the official minutes as by the recording of a plat.
      38.   Density. A unit of measurement; the number of dwelling units per acre of land.
         a.   Gross Density - the number of dwelling units per acre of the total land to be developed, including public right-of-way.
         b.   Net Density - the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right-of-way and other public sites.
      39.   Density, High. Any subdivision with a density greater than six (6) dwelling units per acre of gross land area.
      40.   Density, Medium. Any subdivision with a density of two (2) dwelling units per acre of gross land area.
      41.   Developer. Authorized agent(s) of a subdivider or the subdivider himself. The developer may be the owner of land proposed to be subdivided or his representative, the subdivider.
      42.   District. A section of the Planning Jurisdiction of the Town of Goodland for which regulations governing the use, height, area, site, and intensity of use of buildings and land are uniform.
      43.   Dwelling. A fixed structure of building, containing one or more dwelling units.
         a.   Single Family. A detached building designed for or occupied by not more than one (1) family.
         b.   Two Family. A detached or semidetached building designed for or occupied by not more than two (2) families.
         c.   Multiple - A building designed for or occupied by three (3) or more families living independent of one another.
      44.   Dwelling Unit. A room or group of rooms designed and equipped exclusively for use as living quarters for only one family and its household employees, including provisions for living, sleeping, cooking, and eating.   The term shall include mobile homes but shall not include house trailers or recreational vehicles.
      45.   Easement. An authorization or grant by a property owner to specific person(s) or to the public to use land for specific purposes.
      46.   Engineer. Any person who is licensed in the State of Indiana to practice professional engineering.
      47.   Escrow. A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond.
      48.   Family. One or more persons occupying a single dwelling unit, provided that all members are related by blood, adoption, or marriage.
      49.   Fence. A structure, including entrance and exit gates, designed and constructed for enclosure or screening.
      50.   Flood (or Floodwater). The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake, or other body of water.
      51.   Flood Control. The prevention of floods, the control, regulation, diversion or confinement of flood water or flood flow, and the protection, therefrom, according to sound and accepted engineering practice, to minimize the extent of floods, and the death, damage, and destruction caused thereby, and all things incidental thereto or connected therewith.
      52.   Flood Hazard Area. A flood plain, or portion thereof, which has not been adequately protected from floodwater by means of dikes, levees, reservoirs, or other works approved by the Indiana Department of Natural Resources.
      53.   Flood Plain. The relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by floodwater. The flood plain includes the channel, floodway and floodway fringe.
      54.   Flood, Regulatory. A flood having a peak discharge which can be expected to be equaled or exceed on the average of once in a hundred-year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Department of Natural Resources. The 100-year frequency flood is equivalent to a flood having a probability of occurrence of one percent (1%) in any given year (a flood magnitude which has a one percent chance of being equaled or exceeded in any given year).
      55.   Floodway. The channel of a river or stream and those portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow of any river or stream.
      56.   Floodway Fringe. Those portions of the flood hazard areas lying outside the floodway.
      57.   Floor Area. The sum of the horizontal areas of such story of the building measured from the exterior faces of the exterior walls, exclusive of areas of basements, unfinished attics, attached garages, breezeways and unenclosed porches.
      58.   Floor Area, Ground. The area of a building in square feet, as measured in a horizontal plane at the ground floor level within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages and exterior stairways.
      59.   Frontage. The length along the street right-of-way line of a single lot, tract, or development area between the side lot lines of the property. It is that side of a lot abutting a street and ordinarily regarded as the front of the lot.
      60.   Garage, Private. An accessory building for parking or storage of not more than three (3) motor vehicles per family, not more than one (1) of which may be a commercial vehicle of not more than three (3) tons gross vehicle weight. A garage designed to accommodate two (2) motor vehicles for each family housing in a two-family or multi-family dwelling shall be considered a private garage.
      61.   Garage, Public. Any building, except those defined herein as a private garage, used for the storage, or care of motor vehicles, or where such vehicles are equipped for operation, repaired, or kept for renumeration, hire, or sale.
      62.   Governing Body. The Goodland Town Council which is the body of local government having the power to adopt ordinances.
      63.   Governmental Attorney. An attorney licensed in the State of Indiana and designated by the Town Council to furnish legal assistance for the administration of these regulations.
      64.   Grade. The slope of a road, street, or other public way specified in terms of percentage (%).
      65.   Health Department and Health Officer. The agency and person designated by the Newton County Commissioners to administer the health regulations of the local government.
      66.   Highway. See Street.
      67.   Home Occupation. Any occupation carried on within the walls of a dwelling and not visible or noticeable in any manner or form from outside the walls of the dwelling.
      68.   Hotel or Motel. A building in which lodging, or boarding are provided and offered to the public for compensation. As such it is open to the public in contradistinction to a rooming house, boarding house, lodging house, or dormitory which is herein separately defined.
      69.   Improvement. Any alteration to the land or other physical constructions associated with subdivision and building site development.
      70.   Improvement, Lot. Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.
      71.   Improvement, Public. Any drainage ditch, roadway, sidewalk, tree, lawn, off-street parking area, lot improvement or other facility for which the local or state government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local or state government responsibility is established. All such improvements shall be properly bonded.
      72.   Improvement Location Permit. A site plan review permit signed by the Building Commissioner stating that a proposed improvement complies with the provisions of this Chapter.
      73.   Improvement, Temporary. Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
      74.   Individual Sewage Disposal System. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.
      75.   Infrastructure. The fixed public works and facilities necessary in a community, such as sewers, water systems and streets.
      76.   Jurisdiction. Jurisdiction of local government means all land within its boundaries and any land outside its boundaries over which it is authorized to exercise powers under these regulations.
      77.   Land. The earth, water and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.
      78.   Land Use. The development existing on land.
      79.   Land Surveyor. Any person who is licensed in the State of Indiana to practice professional land surveying.
      80.   Loading Space, Off-Street. 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. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
      81.   Local Government. The Town Council which is by law to enforce subdivision regulations within its planning jurisdiction.
      82.   Lot. A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, or transfer of ownership or for building development.
      83.   Lot Area. The area of the horizontal plane of the lot bounded by the vertical planes of the front, side, and rear lot lines.
      84.   Lot Frontage. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determine 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 "Yards" in this section.
      85.   Lot Types. Terminology used in this Chapter with reference to different types of lots is as follows:
         a.   Corner Lot. A lot at the junction of and fronting on two or more intersection streets.
         b.   Depth of Lot. The mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.
         c.   Lot Width. The width of the lot between side lot lines at the front building line as prescribed by the front yard regulations.
         d.   Lot Line. Any boundary line of a lot.
         e.   Lot Area. The total horizontal area within the lot lines of a lot.
         f.   Lot Coverage. The percentage of a lot occupied by buildings.
         g.   Interior Lot. A lot with only one frontage on a street.
         h.   Through Lot. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
         i.   Reversed Frontage Lot. A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
      86.   Master Plan. See Comprehensive Plan.
      87.   Mobile Home. A portable manufactured housing unit designed for transportation on a chassis and for placement on a temporary or permanent foundation, possessing a body width of not less than eight (8) feet and an overall body length of not less than thirty-two (32) feet less hitch. Any such mobile home shall comply in full with standards, rules, and regulations prescribed in (NFPA No. 501B, 2017, Mobile Home Code.)
      88.   Mobile Home Park. A parcel of land on which two or more mobile homes are regularly accommodated with or without charge, including any building or other structures, fixtures, or equipment that is used or intended to be used in providing that accommodation and for which a state license is required.
      89.   Monument. Any permanent marker either of stone, concrete, galvanized iron pipe, or iron or steel rods used to identify the boundary lines of any tract, parcel, lot, or street lines.
      90.   Non-Conforming. A building or use, existing at the effective date of the 1985 Code, or amendments thereto, that does not conform to provisions and regulations for the District in which it is located.
      91.   Nonresidential Subdivision. A subdivision whose intended use is other than residential, such as commercial or industrial.
      92.   Off-Site (Off-Premise). Any premises or structure not located within the area. of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
      93.   Open Space. A public or private outdoor area expressly set aside for the use and benefit of many unrelated people.
      94.   Ordinance. Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
      95.   Owner. Any person, firm, association, syndicate, partnership, corporation, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
      96.   Performance Bond. An amount or money or other negotiable security paid by the subdivider or his surety to the Town Council which guarantees that the subdivider will perform all actions required by the Town Council regarding an approved plat, and provides that if the subdivider defaults and fails to comply with the provisions of an approved plat, the subdivider or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat.
      97.   Planned Unit Development. A subdivision designed as a combination of residential, commercial, and/or industrial uses planned for a tract of land to be developed as a unit under single ownership or control, which is developed for the purpose of selling individual lots or estates, whether fronting on private or dedicated streets, which may include two or more principal buildings.
      98.   Plan Commission. The Town of Goodland Plan Commission.
      99.   Plat. The Drawing, map, or plan of a subdivision or other tract of land or a replat of such including certifications, descriptions and approvals.
      100.   Plat, Final. The final and formal presentation of the map, plan or record of a subdivision and any accompanying material, as described in these regulations.
      101.   Plat, preliminary. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.
      102.   Premises. One or more lots which are in the same ownership and are contiguous or separated only by a road or waterbody, including all buildings, structures, and improvements.
      103.   Professional Office. Office of a member or members of a recognized profession as defined by the United States Bureau of Census.
      104.   Reserve Strip. A strip of land between a partial street and adjacent property, which is reserved or held in public ownership for future street extension or widening.
      105.   Resubdivision (Replat). A change in a map for an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivision.
      106.   Right-Of-Way. A strip of land occupied or intended to be occupied by transportation facilities, public utilities or other special public uses. Rights-of way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.
      107.   Right-of-Way Width, Street. The distance between property lines measured at right angles to the center line of the street.
      108.   Road. See Street.
      109.   Sale or Lease. Any immediate or future transfer of ownership, any possessory interest in land, including contract of sale, lease, devise, or transfer, of an interest in a subdivision or part thereof, whether by deed, metes and bounds, contract, or other written instrument.
      110.   Same Ownership. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated associations, in which a stockholder, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
      111.   Screening. Any means of protecting an area of land from the adverse visual and audible effects of another area. The specific requirements for screening are set forth in this Chapter.
      112.   Setback. The distance between a building and the nearest street right-of-way line or property line regardless of whether it is the front, side, or rear of the building. It is an imaginary line established by the Zoning Code that requires all buildings to be set back a certain distance from property lines.
      113.   Setback, Front. The distance between a building and the street right-of-way line nearest thereto.
      114.   Sign. A name, identification, image, description, display, or illustration which is affixed to or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity facility, service, event, attraction, person, or business and which is visible to passers-by from any public or semi-public property.
      115.   Special Exception Use (Conditional Use). A special use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals because of its unusual nature. Conditional uses permitted in each district are listed in the Official Schedule of District Regulations.
      116.   Special Exception Permit (Conditional Use). A permit issued by the Board of Zoning Appeals to allow a use other than a principally permitted use to be permitted within the district.
      117.   Standard Specifications. Standard specifications set by the laws of the State of Indiana.
      118.   Street. A general term denoted a public way for purposes of vehicular travel, including the entire area within the right-of-way. The term "street" also includes the terms highway, parkway, road, thoroughfare, avenue, boulevard, land, court, place, and other such terms. The recommended usage is: highway or street in urban area; highway or road in rural area.
         a.   Alley. A street intended to provide secondary access to the rear or side of lots or to buildings in urban areas and not intended for the purpose of through vehicular traffic.
         b.   Arterial. A system of streets and roads which form an integrated network of continuous routes primarily for through traffic. The "arterial" system is stratified into "principal" (or major) and "minor" categories.
            i.   Principal. Serves corridor traffic movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel or connects major population centers in rural areas or serves major centers of activity and highest traffic volume corridors with the longest trip desires in urban areas.
            ii.   Minor. Links other cities, large towns and traffic generators, and provides a substantial amount of interstate and intercounty service in rural areas; or interconnects and augments with the principal arterials to provide service to trips of moderate length for intracommunity in urban areas.
         c.   Collector. A system of streets and roads which generally serve travel of primarily intra-area and intra-county importance with approximately equal emphasis to traffic circulation and land access service. The "collector" system is generally further stratified into a “major” and “minor” category. The system collects and distributes traffic between the arterial and local systems.
         d.   Cul-de-sac. A local street open at one end only and with a special provision for a vehicle turnaround.
         e.   Dead-end. A local street open at one end only and without a special provision for a vehicle turnaround.
         f.   Frontage. A local street or road auxiliary to and located on the side of an arterial for service to abutting property and adjacent areas, and for control of access. (Sometimes also called a "marginal access street.")
         g.   Highway. A term applied to streets and roads that are under the jurisdiction of the Indiana Department of Transportation.
         h.   Local. A system of streets and roads which primarily provide access to higher order system.
         i.   Loop. A local street with both terminal points on the same street or origin.
         j.    Perimeter. Any existing street to which the parcel of land to be subdivided abuts on only one (1) side.
         k.   Private. A local street that is not dedicated or accepted for public use or maintenance which provides vehicular and pedestrian access.
         l.   Public. Street under the control of and kept by the public, established by regular governmental proceedings for the purpose, or dedicated by the authorities and for the maintenance of which are responsible.
      119.   Structure. 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, walls, swimming pools, fences and signs.
      120.   Subdivider. A subdivider shall be deemed to be the individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceeding for the subdivision of land in accordance with the provisions of this Article. The subdivider need not be the owner of the property; however, he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
      121.   Subdivision. The division of a lot, tract, or parcel of land, vacant, or improved, which is divide or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or interests for the purpose of offer, sale, lease, or development either on the installment plan, or upon any and all other plans, terms, and conditions, including resubdivision and all changes in street or lot lines, provided, however, that division of land for agricultural purposes and division of land in parcels of more than ten (10) acres shall not be considered a subdivision under the terms of the Article. Subdivision includes the division or development of residential and non-residential zoned land, whether by deed, metes and bounds description, or other recorded instrument. However, this Chapter shall not apply to any of the following:
         a.   An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth, or building setback lines of each building site below the minimum zoning requirements and does not change the original number of lots in any block of the recorded plat.
         b.   An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property.
         c.   The unwilling sale of land as a result of legal condemnations as defined and allowed in the Indiana State Law;
         d.   Widening of existing streets to conform to the Comprehensive Plan,
         e.   The acquisition of street rights-of-way by a public agency in conformance with the Comprehensive Plan.
         f.   The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage.
      122.   Subdivision Plat. The final map or drawing, described in these regulations, on which the subdivider’s plan of subdivision is presented to the Commission for approval and which, if approved shall be submitted to the County Recorder for filing.
      123.   Subdivision Regulations or Subdivision Control Ordinance. The Sections of this Chapter for ensuring the orderly development of land by requiring coordination of new public facilities with existing facilities; and providing standards for lot layout, street design, utilities and easements to assure compatibility with long-range Comprehensive Plan.
      124.   Terrain Classification. For purposes of these regulations and to guide the application of geometric design criteria, terrain has been classified as follows:
         a.   Level. That condition where street sight distances, as governed by both horizontal and vertical restrictions, are generally 1ong or could be made to be so without construction difficulty or major expense.
         b.   Rolling. That condition where the natural slope consistently rise above and fall below the street grade line and where occasional steep slopes offer some restriction to normal horizontal and vertical street alignment.
         c.   Hilly. That condition where longitudinal and transverse changes in the elevation of the ground with respect to a street are abrupt and where the roadbed is obtained by fragment benching or side hill excavation.
      125.   Thoroughfare Plan. A plan and maps established by the Town Council pursuant to law as a portion of the Comprehensive Plan, showing the location of streets and roads functionally classified into systems. Such a plan generally includes the location of public facilities, utilities and desirable future infrastructure. The plan as approved, adopted and established by law and any amendments or additions, including those resulting from the approval and filing of subdivision plats, are adopted by the Town Council as a continuous updating of the plan.
      126.   Town. Town of Goodland being the governmental body having jurisdiction of the parcel of land under consideration.
      127.   Traffic Control Devices. All signs, signals, markings and devices placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
      128.   Travel Trailer. A vehicular portable structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation, and other short term uses having a body width not exceeding eight (8) feet and a body length not exceeding thirty-five (35) feet.
      129.   Use. Any activity, occupation; business, or operation carried on in a building or other structure or on a tract of land.
      130.   Use, Principal. The main use of a lot.
      131.   Use, Accessory. A use customarily incidental and subordinate to the principal use of a building and located on the same lot with such principal use of a building.
      132.   Utilities. Installations for transmission of water, sewage, gas, electricity, telecommunications and storm water and similar facilities providing service to and used by the public.
      133.   Variance. A modification of the strict terms of the relevant regulations of this Chapter where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this Chapter would result in unnecessary and undue hardship.
      134.   Vicinity Map. A small-scale map showing the location of a tract of land in relation to a larger area.
      135.   Yard. An open space unobstructed from the ground up on the same lot with a principal structure, extending along a lot line or street line and inward to the structure. The size of the required yard shall be measured as the shortest distance between the structure and a lot line or street line.
         a.   Yard, Front. A yard between a principal structure and a street line and extending the entire length of the street line.   In the case of a corner lot, or a through lot, the yards extending along all streets are front yards.
         b.   Yard, Rear. A yard between a principal structure and a rear lot line and extending the entire length of the rear lot line.
         c.   Yard, Side. A yard between a principal structure and. a side lot line, extending from the front yard to the rear yard.
      136.   Zoning. The division of an area into districts and the public regulation of the character and intensity of the use of the land, and of the buildings and structures which may be located thereon, in accordance with a comprehensive plan.
      137.   Zoning Administrator. See Building Commissioner.
      138.   Zoning Code or Chapter. A legal tool for accomplishing the objectives of a land use plan. It is an effective regulatory measure designed to encourage high standards of development and to foster the most efficient use of land.