1260.05 DEFINITIONS.
As used in this Zoning Code, the words "used" and "occupied" include the words "intended, designed or arranged to be used or occupied." In addition:
(1) Accessory Use or Structure. "Accessory use" and "accessory structure" mean a use or structure (such as a garage) on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
(2) Agriculture. "Agriculture" includes agriculture, farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry.
(Ord. 546B. Passed 2-25-76.)
(3) Bed-and-Breakfast. “Bed-and-Breakfast” means the provision of sleeping rooms for overnight lodging of guests, usually followed by the provision of breakfast or brunch to such guests the next day, for a fee.
(Ord. 01-37. Passed 9-6-01.)
(5) Building, Principal. "Principal building" means a building in which is conducted the main or principal use of the lot on which the building is situated.
(6) Building Height. "Building height" means the vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the mean height level between the eaves and ridge of gable, hip and gambrel roofs.
(7) Conditional Use. "Conditional use" means a use permitted within a district other than a permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals. Conditional uses permitted in each district are presented in the Schedule of District Regulations immediately following the text of this Zoning Code.
(8) Conditional Use Permit. "Conditional use permit" means a permit issued by the Board of Zoning Appeals to allow a use other than a permitted use to be established within a district. (Ord. 546B. Passed 2-25-76.)
(9) Convenience-Type Food Store. "Convenience-type food store" means a store offering a limited selection of many types of foods, beverages, books and magazines, and other products for personal use. This use can include a limited variety of carry-out foods such as sandwiches, coffee, etc., for immediate consumption. Stores commonly known as carry-outs, specializing in selling beverages, but also selling other convenience-type products are included in this definition. Gasoline sales are permitted as an accessory use. However, no other automobile-related sales or services, beyond that incidental to the standard line of products sold otherwise at the store, are permitted. Gasoline sales, as an accessory use, shall normally be limited to one island of pumps. (Ord. 948. Passed 4-16-81.)
(10) Dwelling and Housing Unit. "Dwelling unit" and "housing unit" mean one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other room or dwelling unit which may be in the same structure, and containing independent cooking and sleeping facilities, including, industrialized units.
(11) Dwelling, Mobile and Modular Home. "Mobile home" and "modular home" mean a detached residential dwelling or housing unit designed for transportation, after fabrication, on streets or highways on its own wheels or on a flatbed or other trailer, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities and the like. "Mobile homes" and "modular homes" are legitimate residential uses permitted in mobile home parks, provided that the appropriate district requirements are met.
(12) Dwelling, Multi-family. "Multi-family dwelling" means a residential building designed for or occupied by two or more families, with the number of families in residence not exceeding the number of dwelling units provided, including public housing units and industrialized units.
(13) Dwelling, Single-Family. "Single-family dwelling" means a detached residential dwelling or housing unit, other than a mobile home, designed for and occupied by one family only, including public housing units and industrialized units.
(Ord. 546B. Passed 2-25-76.)
(14) Essential Services. "Essential services" means the erection, construction, alteration or maintenance, by public utilities or Municipal or other governmental agencies, of underground gas, electrical or water transmission or distribution systems, including poles, wires, drains, mains, sewers, pipes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or Municipal or other governmental agencies for the public health, safety or general welfare, but not including buildings. “Essential services” do not include the provision of Personal Wireless Services or the erection, construction, alteration or maintenance of Personal Wireless Services Facilities.
(Ord. 99-16. Passed 4-16-99.)
(15) Family. "Family" means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption or marriage, no such family shall contain over five persons.
(Ord. 546B. Passed 2-25-76.)
(16) Gasoline service station. “Gasoline service station” means any premises where gasoline, other petroleum products, motor vehicle accessories may be supplied and dispensed, and/or light maintenance activities such as engine tune-ups, lubrication, and minor repairs are conducted. Gasoline service stations shall not include premises where major automobile maintenance activities such as heavy mechanical and body work, straightening of body parts, painting, welding, storage of motor vehicles not in operating condition, or other work involving noise, glare, fumes, smoke, or similar nuisances. The temporary storage of motor vehicles not in operating condition is permitted for a period not to exceed forty-eight (48) hours and under the provisions set forth in Chapter 1270 of the Zoning Ordinance. The preparation and sale of beverages and food, and the sale of tobacco and similar conveniences, may take place as an accessory use incidental to the principal gasoline service station operation. (Compare, “motor vehicle repair and service facility.”) (Ord. 01-26. Passed 6-21-01.)
(17) Home Occupation. "Home occupation" means an occupation conducted in a dwelling unit, provided that:
A. No person other than members of the family residing on the premises shall be engaged in such occupation.
(Ord. 546B. Passed 2-25-76.)
B. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and except in the instance of a Bed and Breakfast not more than twenty-five percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation. (Ord. 01-37. Passed 9-6-01.)
C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four square feet in area, nonilluminated and mounted flat against the wall of the principal building.
D. No home occupation shall be conducted in any accessory building.
E. No traffic shall be generated by such home occupation in a greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be off the street and other than in a required front yard.
F. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
(18) Loading Space, Off-Street. "Off-street loading space" means a space logically and conveniently located for bulk pick-ups 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 shall not be included as off-street parking space in the computation of required off-street parking space.
(19) Lot. "Lot" means a parcel of land at least sufficient in size to meet the minimum zoning requirements for use, coverage and area and to provide such yards and other spaces as are required in this Zoning Code. Such lot shall have frontage on an 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.
However, in no case of diversion or combination shall any residential lot or parcel be created which does not meet the requirements of this Zoning Code.
"Lot" includes the words "plot" and "parcel."
(20) Lot Coverage. "Lot coverage" means the ratio of the enclosed ground floor area of all buildings to the horizontally projected area of the lot, expressed in a percentage.
(21) Lot Frontage. "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 in subsection (47) hereof.
(22) Lot Measurements. A lot shall be measured as follows:
A. "Depth of a lot" means the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front, and the rearmost points of the side lot lines in the rear.
B. "Width of a lot" means 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 the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the eighty percent requirement shall not apply.
C. The depth to width ratio shall not exceed four to one.
(Ord. 546B. Passed 2-25-76.)
D. For unusually shaped lots not readily measurable, as indicated in paragraphs (22)A. and B. hereof, the Planning Commission shall determine whether or not a lot meets the intent of this Zoning Code regarding width, depth and yard setbacks. (Ord. 639. Passed 5-5-77.)
(23) Lot, Minimum Area of. "Minimum area of lot" means the area computed exclusive of any portion of the right of way of any public thoroughfare.
(24) Lot of Record. "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(25) Lot Types. Lot types are as follows:
A. "Corner lot" means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
B. "Interior lot" means a lot other than a corner lot with only one frontage on a street.
C. "Through lot" means 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.
(26) Manufacturing, Heavy. "Heavy manufacturing" means manufacturing, processing, assembling, mining, storage, research, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities and ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not beyond the district in which such manufacturing is located.
(27) Manufacturing, Light. "Light manufacturing" means manufacturing or industrial uses which are usually controlled operations, relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust, operating within enclosed structures and generating little industrial traffic and no nuisances.
(28) Nonconforming Use. "Nonconforming use" means a building, structure or use of land existing at the time of enactment of this Zoning Code (Ordinance 546B, passed February 25, 1976), and which does not conform to the regulations of the district in which it is situated. (Ord. 546-B. Passed 2-25-76.)
(29) Parking Space, Off-Street. Parking Space, Off-Street. "Off-street parking space" shall mean a space adequate for parking an vehicle with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. (Ord. 06-12. Passed 5-18-06.)
(30) Person. "Person" means a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
(31) Public Service Facility. "Public service facility" means any facility or utility operated in the interest of the public, including electricity, gas, steam, telephone, telegraphy, transportation, water, sewer, solid waste disposal or any similar public service structure or land use.
(32) Public Use. "Public use" means a public school, park or administrative, cultural or recreational building, excluding public service facilities.
(33) Quasipublic Use. "Quasipublic use" means a church, Sunday school, parochial school, college, hospital or other institution of an educational, religious, charitable, philanthropic or nonprofit nature.
(34) Residence, Low Density. "Low density residence" means land to be utilized and industrialized for single-family housing units, including public housing, not to exceed four families per acre.
(35) Residence, Medium Density. "Medium density residence" means land to be used for single-family and multifamily housing units, including public and industrialized housing and permanent or mobile units.
(Ord. 546B. Passed 2-25-76; Ord. 952. Passed 5-22-81.)
(36) Restaurant, Drive-In and Fast Food. "Drive-in restaurant" and "fast food restaurant" mean a restaurant which specializes in food partially or wholly prepared in advance of the arrival of the customer, to permit the customer to obtain food quickly. Such restaurants are normally characterized by high volume, quick customer turnover and limited menus. Service for the customer while in the car is often available. Such uses normally are dependent on high traffic volume locations to generate sufficient business and serve a market area including the community or an area greater than the community.
(37) Restaurant, Neighborhood. "Neighborhood restaurant" means a restaurant which normally caters to the nearby neighborhood or part of the community primarily. Such restaurants do not generally generate high traffic volumes and generally do not provide service to the customer while in the car. Such restaurants normally have seating capacities of less than 200 people. (Ord. 948. Passed 4-16-81.)
(38) Retail Business, Convenience-Type. "Convenience-type retail business" means a small retail business whose market area is the neighborhood or part of the community, which provides convenience-type goods and personal services for the daily needs of the people within the residential area and whose volume of business does not exceed two hundred fifty thousand dollars ($250,000) per year. Examples of such businesses are drug stores, food stores, cleaners and barber shops.
(39) Retail Business, Shopping-Type. "Shopping-type retail business" means a retail or service business which supplies a wide variety of comparison goods and services to consumers in a market area that includes the community or an area greater than a community. Examples of such businesses are furniture stores, automobiles sales and service, jewelry stores and clothing shops.
(40) Sewer, Central and Group. "Central sewer" and "group sewer" mean a publicly approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.
(41) Sewer, On-Site. "On-site sewer" means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(42) Shall and May. "Shall" is mandatory; "may" is permissive.
(43) Sign. "Sign" means any device designated to inform or attract the attention of persons not on the premises on which the sign is located.
(44) Structure. "Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, "structure" includes buildings, mobile homes, walls, fences, billboards and poster panels.
(45) Use. "Use" means the specific purpose for which land or a building is designed, arranged or intended, or for which it is or may be occupied or maintained. "Permitted use," or its equivalent, shall not be deemed to include a nonconforming use.
(46) Variance. "Variance" means a waiver or suspension of any of the provisions of this Zoning Code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of an action of the applicant, a literal enforcement of this Zoning Code would result in unnecessary and undue hardship. A variance is authorized only for the height, area and size of a structure or the size of a yard or open space. The 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.
(47) Yard. "Yard" means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet 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 the height limitations and requirements limiting obstruction of visibility.
(48) Yard, Front. "Front yard" means a yard extending between side lot lines across the front of a lot adjoining a public street. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of three feet, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights of three feet and ten feet.
In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Building and Zoning Inspector may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.
In the case of all corner lots, a front yard of the required depth shall be provided on all frontages. The minimum depth of required front yards shall be measured horizontally from the property line or right-of-way line to the main building, or any projection thereof, other than the projection of the usual uncovered steps, uncovered balconies or uncovered porches.
(49) Yard, Rear. “Rear yard” means a yard extending across the rear of the lot between the inner side yard lines. In the case of through lots and corner lots, there shall be no rear yards, but only front and side yards. The depth of a required rear yard shall be measured between the building and the rear lot line.
(Ord. 05-12. Passed 5-5-05.)
(50) Yard, Side. "Side yard" 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 required front yards. In the case of corner lots, yards remaining after full and half-depth front yards have been established shall be considered side yards. The 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.
(51) Zoning Certificate. "Zoning certificate" means a document issued by the Building and Zoning Inspector and/or the Board of Zoning Appeals authorizing the use of lots, structures, uses of land and structures and the characteristics of use.
(Ord. 546B. Passed 2-25-76.)
(52) Zoning Code. "Zoning Code" means Ordinance 546B, passed February 25, 1976, as amended, codified herein as Title Six of Part Twelve - the Planning and Zoning Code.
(53) Motor vehicle repair and service facility. “Motor vehicle repair and service facility” means any premises where major motor vehicle maintenance activities such as heavy mechanical and body work, straightening of body parts, painting, welding, storage of motor vehicles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in gasoline service stations. (Compare, “gasoline service station.”)
(Ord. 01-26. Passed 6-21-01.)
(54) Animal Hospital and Veterinary Clinics. “Animal hospital and veterinary clinics” means any establishment that provides health care for household pets under the care of professionals licensed by the State of Ohio. This use also includes short-term bordering of household pets while under the care of a licensed veterinarian. Such household pets shall be bordered indoors within a primary structure.
(55) Kennels. “Kennels” means any establishment in which more than five (5) households pets over four (4) months in age are housed, groomed, bred, boarded, trained, and sold.
(Ord. 03-5. Passed 1-16-03.)
(56) Subdivision Regulations. “Subdivision regulations” means the provisions provided for in the Subdivision Regulations of the City of Springboro, Ohio as provided for in Title IV of the Planning and Zoning Code of the City of Springboro.
(Ord. 04-41. Passed 8-19-04.)
(57) Fully Shielded Light Fixture. “Fully shielded light fixture,” means a lighting fixture constructed in such a manner that all light emitted either indirectly or directly is projected below the horizontal.
(58) Light Trespass. “Light trespass,” means the shining of light produced by a fixture beyond the boundaries of the property on which it is located.
(59) Glare. “Glare” means light emitting from a fixture with intensity great enough to reduce a viewer’s ability to see and in extreme cases to cause momentary blindness.
(Ord. 05-13. Passed 5-5-05.)
(60) Floor Area. “Floor Area” means the total horizontal area of all floors finished as usable area as measured from the outside of the exterior walls. The calculation of floor area shall not include unfinished basements and attic spaces; terraces, breezeways and open porches; uncovered stops and garages and carports. (Ord. 06-28. Passed 8-17-06.)
(61) Parking Lot, Off-street. “Parking Lot, Off-Street” shall mean that portion of a parcel that is designated for the parking of vehicles. Off-street parking lots shall be so designed, maintained, and regulated in accordance to the provisions of the Planning and Zoning Code so that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another. (Ord. 06-12. Passed 5-18-06.)
(62) Solar energy systems. "Solar energy systems" shall mean any solar energy device, including solar photovoltaic panels, solar thermal panels or tubing, or any similar devices, as well as associated appurtenances, that rely on solar radiation as an energy source for the purpose of heating and cooling or generating electricity. (Ord. 12-37. Passed 8-16-12.)