(a) As used in this Zoning May 8, 2015 Code, the words "used" and "occupied" include the words "intended, designed or arranged to be used or occupied." The word "shall" is mandatory; "may" is permissive. In addition:
(1) Accessory Building or Structure. "Accessory building or structure" mean a structure (such as a garage) on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
(2) Accessory Use. "Accessory use" means a use customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.
(3) Apartment. "Apartment" means a room or suite of rooms, with bathroom and kitchen accommodations, used or designed for use as a residence by a family, located in a building containing two or more such rooms or suites.
(4) Agriculture. "Agriculture" includes agriculture, farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry.
(5) "Applicant" means any person making an application under the Planning & Zoning Code of the City of Springboro.
(6) "Application" means the process by which an Applicant submits a request and indicates a desire to be granted approval under the Codified Ordinances of the City of Springboro. An Application includes all written documentation, verbal statements and representations of the Applicant, in whatever form or forum, made by an Applicant to the City concerning such a request.
(7)
Awnin g. "Awning" means a shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework.
(8) Basement. "Basement" means a story having more than ½ of its height below average grade. A basement shall not be counted as a story for the purpose of height regulations.
(9) 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.
(10) Bicycle Parking Space. "Bicycle parking space" means an area and facility used for the securing of bicycles and includes enclosed storage, covered bicycle racks or fixed bicycle racks.
(11 ) Building. “Building” means any improvement to real estate having a roof and requiring a foundation.
(12 ) Building Coverage. See "Coverage, Building."
(13 ) 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.
(14) 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. (see Figure 11. Building Height)
Figure 11. Building Height
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(15) Canopy. "Canopy" means a permanent structure made of cloth, metal or other material attached or unattached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a completely enclosed structure but typically is supported by features other than the building facade (e.g., structural legs, building extensions, etc.).
(16) Car Wash. See "Vehicle Wash Establishment."
(17) City. "City" means the City of Springboro, Ohio
(18) Commercial Message or Speech. "Commercial message or speech" means any sign, wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
(19) Commercial Zoning Districts. "Commercial zoning districts" means the O-R, O, LBD, HBD, CBD, UVD, ADD-1, and ED zoning districts.
(20) Convenience 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 pre-made sandwiches, coffee, etc., for immediate off-premises consumption.
(21) Coverage, Building. "Building 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.
(22) Coverage, Lot. "Lot coverage" means the "building coverage" of the lot plus any other impervious surfaces, such as asphalt or concrete, expressed as a percentage.
(23) Density. "Density" means the number of lots or units per lot area, gross development area, or net development area, as applied in this Code.
(24) Development Area. "Development area," as used in this Zoning Code, means the lot area used for a development in the R-3 District. The gross Development Area is the area of the entire subject site. The net Development Area is the area of the entire site excluding the open space areas.
(25) Dissolve. "Dissolve" means a mode of changing a message on the display area of an electronic message sign where the first message gradually reduces intensity and the next message gradually increases intensity.
(26) Dog Day Care. See "Pet Day Care Facility."
(27) 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.
(28) Dwelling, Accessory. "Accessory dwelling," also known as a guest apartment, accessory apartment, or in-law apartment, an accessory dwelling means is an area located on the same lot as the principal single-family dwelling which provides supplementary housing that contains provisions for living, sleeping, and cooking. An accessory dwelling shall not be considered the principal single-family dwelling.
(29) 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.
(30) 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.
(31) 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.
(32) Dwelling, Single Family Attached. A "Single family attached dwelling" means either a "Dwelling, Two-Family (Duplex)" or "Townhouse" as follows:
A. Dwelling, Two-Family (Duplex). "Two-Family Dwelling (Duplex)" means a detached building designed exclusively for and occupied by two (2) families living independently of each other, with separate housekeeping, cooking, and bathroom facilities for each.
B. "Townhouse" means an attached single-family dwelling unit with party walls, designed as part of a series of three (3) or more dwellings, with its own front door which opens to the outdoors at ground level, its own basement, and typically, with its own utility connections and front and rear yards. Townhouses are sometimes known as row houses.
(33) Engineer. See "Professional Engineer."
(34) 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.
(35) Facade. “Facade” means the exterior wall on the front, side, or rear elevation of the building regardless of whether the building side faces a street.
(36) Fade. “Fade” means a mode of changing a message on the display area of an electronic message sign where the first message gradually appears to dissipate with the gradual appearance of the next message.
(37) Family. "Family" means either of the following:
A. A domestic family, that is, one or more persons living together and related by the bonds of consanguinity, marriage, or adoption, together with domestic staff of the principal occupants and not more than one additional unrelated person, with all such individuals being domiciled together as a single, domestic, housekeeping unit in a dwelling.
B. The functional equivalent of the domestic family, that is, persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family with a demonstrable and recognizable bond which constitutes the functional equivalent of the bonds which render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must be cooking and otherwise operating as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group where the common living arrangement and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration.
(38) Farmer's Market. "Farmer's market" means an occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items (but not to include second-hand goods), and food and beverage items dispensed from booths located on-site. See also "Roadside Stands."
(39) “Flag” means a sign composed of cloth, canvas, plastic, fabric or similar lightweight, non-rigid material that can be mounted to flagpole or a building-mounted post.
(40) 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.
(41) Food Truck.
A. "Food Truck" means a licensed, motorized vehicle or mobile food unit that is temporarily stored on a privately-owned lot, publicly-owned public street where food items, freshly prepared and sold for immediate consumption, are sold to the general public. “Food Truck” means a readily movable, motorized-wheeled vehicle or a towed vehicle designed and equipped to prepare, or serve, and sell food to the public when such food is intended to be served in individual portions in a form that is edible without washing, cooking or additional preparation.
B. “Food Truck” does not include: food delivery operations and vending machines, as defined in R.C. § 3717.01(L); a nonincorporated business that is commonly operated by a child or children to sell lemonade or other beverages and snack foods; or ice cream trucks.
(42) Footcandle. “Footcandle” means a unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
(43) 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.
(44) Garden Center. "Garden center" means a retail operation that sells plants and related products for the domestic garden as its primary business. The plants sold by a garden center must be grown off-site and potted.
(45) 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.
(46) Hardship. “Hardship” " means a situation in which the strict application of this chapter upon a specific property would result in a restriction on the use of such property which is inconsistent with the intent of this chapter, is likely to substantially and unjustifiably diminish the utility of the subject property, and was not caused or permitted by either the current property owner or the person currently in possession.
(47) Home Occupation. "Home occupation" means any use or profession customarily conducted entirely within a dwelling and carried on only by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof.
(48) Hospital. "Hospital" means an institution licensed by the State of Ohio to provide out-patient and in-patient medical and surgical services for the sick and injured, and which may include such related facilities as laboratories, medical testing services, central service facilities, and staff offices.
(49) Industrial Zoning Districts. “Industrial zoning districts” means the M-l and M-2 zoning districts.
(50) Institution for Higher Education. "Institution for Higher Education" means any public, private, or non-profit educational institution that admits as regular students only persons with a high school diploma or equivalent, or admits as regular students persons who are beyond the age of compulsory school attendance.
(51) Kennels. "Kennels" means any establishment in which more than 5 households pets over 4 months in age are housed, groomed, bred, boarded, trained, and sold. A kennel may include daytime and overnight boarding in accordance with this Zoning Code. See also "Pet Day Care Facility."
(52) Light Trespass. "Light trespass," means the shining of light produced by a fixture beyond the boundaries of the property on which it is located.
(53) 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.
(54) 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."
(55) Lot Area. "Lot Area" means the total horizontal area within the lot lines of the lot, exclusive of any abutting street right-of-way or road easements, but including any other easements.
(56) Lot Coverage. See "Coverage, Lot"
(57) 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 front yards shall be provided.
(58) Lot Lines. The lines bounding a lot as follows:
A. Front Lot Line. In the case of an interior lot, the line separating such lot from the street. In the case of a corner or through lot, the line separating such lot from that street which is designated as the front street in the request for zoning compliance permit.
B. Rear Lot Line. The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to the farthest from the front lot line, not less than 10 feet long and wholly within the lot.
C. Side Lot Line. A side lot line is any lot not a front lot line or a rear lot line. A side lot line separating a lot from a side street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
D. Street Lot Line. In the case of a corner lot, the side street lot line is the line separating such lot from the street which is not designated as the front street in the plat or in the application for a building permit or zoning certificate. The yard extending between the side street lot line and the nearest part of the foundation of the principal building is a front yard.
(59) 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. (See Figure 12 below)
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 setback (See Figure 12 below), provided, however, that the width between side lot lines at their foremost points (where they intersect with the right-of-way line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80percent requirement shall not apply. In a case where the width of the lot is not met at the required minimum front yard setback, the minimum front yard setback may be increased to meet the required lot width at the discretion of the City Engineer(see Figure 1).
Figure 12. Depth of a Lot; Width of a Lot
C . The depth to width ratio shall not exceed 4-to-1.
D . For unusually shaped lots not readily measurable, as indicated in the definition of "lot measurements" hereof, the Planning Commission shall determine whether or not a lot meets the intent of this Zoning Code regarding width, depth and yard setbacks.
(60) 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 or private road.
(61) 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.
(62) Lot Types. Lot types are as follows (also see Figure 13):
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. "Flag lot" means a lot which uses a narrow, unbuildable strip of land or stem to provide access to, or legal frontage on, a public or private street.
C. "Interior lot" means a lot other than a corner lot with only one frontage on a street.
D. "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.
Figure 13. Corner, Interior & Double Frontage Lots
(63) 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.
(64) 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.
(65) Medical Clinic. "Medical Clinic" means an institution licensed by the State of Ohio to provide out-patient medical and surgical services for the sick and injured, and which may include such related facilities as laboratories, medical testing services, central service facilities, and staff offices.
(66) Nonconformity. "Nonconformity" means a building, structure, lot, or use of land lawfully 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.
(67) Parcel. “Parcel” means a single legal lot or multiple contiguous legal lots under the same legal ownership or possession, and under the same use.
(68) Parking Lot, Off-Street. "Off-street parking lot" means 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.
(69) Parking Space, Off-Street. "Off-street parking space" shall mean a space adequate for parking a vehicle with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.
(70) Person. "Person" means a natural person, firm, association, organization, partnership, trust, company, corporation, or other legal entity, private or public, whether for profit or not for profit.
(71) Personal Service Establishment. "Personal service establishment" means an establishment or place of business primarily engaged in the provision of services of a personal nature related to the care, hygiene, or appearance of the human body or the maintenance of items worn or carried by persons. Such services are usually but not always recurrent in nature. Examples of personal service uses include, but are not limited to, beauty and barber shops, shoe repair shops, health spas, therapeutic massage, tailor shops, and the like.
(72) Pet Day Care Facility. "Pet day care facility" means a business for the temporary boarding and care of common household pets during daytime hours only. Pet day care facilities may provide related services such as grooming or training, but no animals may be bred or sold at a pet day care facility unless the pet day care facility is accessory to a principal retail use. See also "Kennel."
(73) Place of Assembly. "Place of assembly" means a facility for public assembly including, but not limited to arenas, auditoriums, conference facilities, banquet facilities, convention centers, exhibition halls, or any other use where people gather for recreational, charitable, civic, political, social, or commercial purposes.
(74) Place of Worship. "Place of worship" means a facility used for regular organized religious worship and related activities, including living quarters for church ministry or other members of the religious order who carry out their duties primarily on the site, religious education classes, and limited recreation facilities.
(75) "Planning Commission" or "Commission" means the Planning Commission of the City of Springboro, Ohio.
(76) Planning Director. "Planning Director" means the person authorized by Section 230.01 of the Administrative Code to carry out the duties of Planning Director of the City of Springboro.
(77) Professional Architect. "Professional architect" means any person registered or licensed by the State of Ohio to practice architecture.
(78) Professional Engineer. "Professional engineer" means any person licensed by the State of Ohio to practice engineering.
(79) Professional Landscape Architect."Professional landscape architect" means any person registered or licensed by the State of Ohio to practice landscape architecture.
(80) Professional Surveyor. "Professional surveyor" means any person licensed by the State of Ohio to practice surveying.
(81) 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.
(82) Public Use. "Public use" means a public school, park or administrative, cultural or recreational building, excluding public service facilities.
(83) Quasipublic Use. "Quasipublic use" means an educational, religious, charitable, philanthropic, or non-profit institution such as a church, Sunday school, parochial school, college, hospital or other institution.
(84) 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 dwelling units per acre.
(85) 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.
(86) Residential Zoning Districts. "Residential zoning districts" means the R-l, R-2, and R-3 zoning districts.
(87) 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.
(88) Restaurant. "Restaurant" means a place of business dedicated to the preparation and sale of food and beverage for immediate consumption on or off site. A restaurant may sell alcoholic beverages for consumption on the premises as an incidental use.
(89) Retail Sales. "Retail sales" means any generally recognized retail business that supplies commodities on the premises to the general public where all sales and display of goods shall occur entirely indoors. Commodities supplied may include groceries and similar food products for consumption off the premises.
(90) Retail Sales, Outdoor "Retail Sales, Outdoor" means the keeping or display, in an enclosed area outside of a building or structure, of any goods, material, or merchandise in the same place for more than 24 hours.
(91) Roadside Stand. "Roadside stand" means a removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises and to be removed at the conclusion of the seasonal sales. See also "Farmer's Market."
(92) Seasonal Sales. "Seasonal Sales" means a permitted, temporary use where goods such as agricultural products are on display and sold to the general public on a seasonal basis under permit from the City of Springboro.
(93) 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.
(94) 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.
(95) Sign. "Sign" means any object, device, display or structure or part thereof situated outdoors or adjacent to the interior of a window or doorway that is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means including words, letters, pictures, logos, figures, designs, symbols, fixtures, colors, illumination or projected images.
(96) Sign, Air-Activated."Sign, air-activated" means a sign, all or any part of, which is designed to be moved by action of forced air so as to make the sign appear to be animated or otherwise have motion.
(97) Sign, Animated. "Sign, animated" means any sign which by mechanical action or by flashing or alternating illumination or projection or by other means moves or appears to move. Unless otherwise provided for specifically in Section 1281.10, animated signs include, but are not limited to, balloons, pennants, flutter or teardrop flags, streamers and banners, with or without any sign copy. Animated signs do not include electronic message signs as allowed by this chapter.
(98) Sign Area. "Sign area" means the entire display area of a sign including any sign copy located on one or more sign faces and any framing, trim and molding, but not including the supporting structure as measured pursuant to Section 1281.03(e).
(99) Sign, Awning. "Sign, awning" means any sign that is a part of or attached to an awning.
(100) Sign, Balloon. "Sign, balloon" means a sign that is an air inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure, and equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are restrained, attached or held in place by a cord, rope, cable, or similar method. See also the definition for air-activated sign.
(101) Sign, Banner. "Sign, banner" means a temporary sign composed of cloth, canvas, plastic, fabric or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method. Banner signs attached to posts and mounted in a yard or landscaped area shall be considered a "temporary yard sign."
(102) Sign, Building. "Sign, building" means any sign attached to a building including wall signs, awning signs, canopy signs, and projecting signs.
(103) Sign, Canopy. "Sign, canopy" means any sign that is a part of or attached to a canopy.
(104) Sign, Double-Faced. "Sign, double-faced" means a sign with two faces mounted back-to-back.
(105) Sign, Drive-Through Facility. "Sign, drive-through facility" means any signage allocated along a drive-through lane that is oriented toward the customer or user in the drive-through lane.
(106) Sign, Driveway. "Sign, driveway" means a small permanent sign located near driveway access points and/or at the intersection of internal access drives.
(107) Sign, Electronic Message. "Sign, electronic message" means a sign designed so that the characters, letter or illustrations can be changed or rearranged automatically on a lampbank or through mechanical means (e.g., electronic or digital signs) wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. See also "animated sign".
(108) Sign Face. "Sign face" means any surface of a sign having a message in the form of words, numbers, graphics or symbols, whether or not divided into multiple sections identifying or advertising different tenants, vendors or products. The term "face" in this chapter shall also mean "sign face."
(109) Sign, Freestanding. "Sign, freestanding" means any sign supported upon the ground by a monument, pedestal, pole, bracing, or other permanent measure and not attached to any building.
(110) Sign, Ground. "Sign, ground" means any sign attached to or resting upon the ground, typically on a monument or pedestal structure. Ground signs are a form of a "freestanding signs."
(111) Sign, Hazardous. "Sign, hazardous" means any sign which by its location, design or construction creates or contributes to a health or safety hazard, even though such sign may be in conformance with this chapter in all other respects. Any sign not conforming to the requirements of the Ohio Building Code (OBC) and the National Electrical Code (NFPA-70) or any other applicable structural or safety regulations is per se hazardous. Failure of the applicant to provide a certification of compliance from an Ohio professional engineer or architect upon request will result in a determination that a sign is hazardous.
(112) Sign, Mobile. "Sign, mobile" means a sign painted on or affixed to motor vehicles, or to open or enclosed trailers, designed and licensed for transportation of cargo on the public streets.
(113) Sign, Multi-Faced. "Sign, multi-faced" means a sign with three or more faces.
(114) Sign, Nonconforming. "Sign, nonconforming" means any sign that was erected legally prior to the adoption of this amendment, but which does not comply with subsequently enacted sign restrictions and regulations, or other applicable code requirements.
(115) Sign, Obsolete. "Sign, obsolete" means a sign that is in poor structural or aesthetic condition due to damage, deterioration or lack of proper maintenance.
(116) Sign, Permanent. "Sign, permanent" means any sign designed to be permanently attached to a structure or to the ground, which is permitted to remain in place for an unlimited period of time.
(117) Sign, Pole. "Sign, pole" means any permanent freestanding sign supported by one or more uprights, poles or braces placed in or upon the ground surface and not attached to any building.
(118) Sign, Portable. "Sign, portable" means any sign that is designed to be or capable of being moved or transported, and not permanently affixed or attached to any building, structure, or grounds. A "portable sign" does not include "sidewalk signs."
(119) Sign, Projecting. "Sign, projecting" means a sign that is affixed perpendicular to a building or wall and extends more than six inches beyond the face of such building or wall and the lowest point of which sign is not less than eight feet above the sidewalk or ground level.
(120) Sign, Roof. "Sign, roof” means a sign erected or maintained in whole or in part upon, against, or directly above the roof or parapet line of a building.
(121) Sign, Sidewalk. "Sign, sidewalk" means a temporary sign that may be placed on the sidewalk, in the public right-of-way or on a private sidewalk/walkway, during business hours in accordance with this chapter and which may include an "A-frame sign" or a "T-frame sign" as defined below:
A. "Sign, A-Frame" means a freestanding temporary sign that is ordinarily in the shape of an "A" or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure.
B. "Sign, T-Frame" means a freestanding temporary sign that is ordinarily in the shape of an upside down "T" or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure.
(122) Sign, Soffit. "Sign, soffit" means a sign suspended from the soffit of a roof or building overhang.
(123) Sign, Temporary. "Sign, temporary" means a sign that is neither permanently anchored to the ground, nor permanently affixed to a structure, nor mounted on a chassis, and intended for a limited period of display.
(124) Sign, Temporary Yard. "Sign, temporary yard" means a temporary sign that is placed in a yard, grass, or other landscaped areas that requires two posts or supporting elements. Banner signs mounted on two posts and placed in a yard shall be defined as a temporary yard sign. Additionally any temporary sign supported by a single post shall not be defined as a temporary yard sign.
(125) Sign, Wall. "Sign, wall" means a sign attached directly to an exterior wall of a building and which does not extend more than six inches from nor above the roof line or beyond the limits of the outside wall, with the exposed face of the sign in a plane parallel to the building wall.
(126) Sign, Window. "Sign, window" means a sign attached to, in contact with, placed upon or painted on the window or door of a building which is intended for viewing from the outside of such building. This does not include merchandise located in a window.
(127) Solar Energy Systems. "Solar energy systems" 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.
(128) Story. "Story" means the portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
(129) Story, Half. "Half Story" means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than 3feet above the top floor level and in which space not more than 2/3 of the floor area is finished off for use.
(130) 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.
(131) Swimming Pool, Community and Club. "Community swimming pool" and "club swimming pool" mean a pool capable of containing water to a depth at any point greater than 24 inches which is constructed by an association of property owners, or by a private club, for use and enjoyment by members of the association or club and their families.
(132) Swimming Pool, Private. "Private swimming pool," not including a farm pond, means any pool, lake or open tank capable of containing water to a depth at any point greater than 24 inches and intended for swimming.
(133) Subdivision Regulations. "Subdivision regulations" mean 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.
(134) Tree, evergreen. "Evergreen tree" shall mean any trees that does not lose its leaves or needles at the end of their growing season.
(135) Tree, Ornamental. "Ornamental tree" means trees that are smaller deciduous trees that have appealing aesthetic characteristics such as flowers, unique foliage, bark, or branching. The City may keep a list of acceptable ornamental trees.
(136) Tree, Shade. "Shade tree" shall mean trees that are larger deciduous trees with spreading canopies. Shade trees typically grow to heights greater than 40 feet at maturity, have canopies that provide an expanse of shade, and therefore, are effective in reducing the urban heat buildup due to paved surfaces such as parking lots. The City shall keep a list of acceptable shade trees.
(137) 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.
(138) 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.
(139) Vehicle Repair, Minor and Major: "Vehicle repair, minor" and "vehicle repair, major" mean the following:
A. "Minor vehicle repair" means engine tune-ups; servicing of brakes, air conditioning, exhaust systems; oil change or lubrication; wheel alignment or balancing; or similar servicing or repair activities that do not require any significant disassembly or any storing of vehicles on the premises overnight.
B. "Major vehicle repair" means engine and transmission rebuilding and general repairs, rebuilding or reconditioning; collision service; steam cleaning; undercoating and rust proofing; painting; welding; and similar services that normally require significant disassembly and possible storage of vehicles on the premises overnight.
(140) Vehicle Fueling Station. "Vehicle fueling station" means a place for retail sale and dispensing of fuel directly into motor vehicles or approved containers. Vehicle fueling stations may also incorporate a convenience store operation.
(141) Vending Machine. "Vending machine" means a machine that dispenses merchandise.
(142) Veterinary Hospital, Clinic, or Office. "Veterinary hospital, clinic, or office" 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.
(143) Vehicle Wash Establishment. "Vehicle wash establishment" means a commercial establishment contained within a building where vehicles are washed.
(144) Yard. "Yard" means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 3 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. (see illustration and definitions for "Front Yard," "Side Yard," and "Rear Yard")
(145) Yard, Front. "Front yard" means a yard extending between side lot lines across the front of a lot adjoining a public street from the front lot line to the nearest point of the foundation of the principal building.
A. 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 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.
B. 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.
(146) Yard, Rear. "Rear yard" means a yard extending across the rear of the lot between the inner side yard lines from the rear lot line to the nearest point of the foundation of the principal building. 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.
(147) Yard, Side. "Side yard" means a yard extending from the rear line of the required front yard to the front lot line of the required rear yard 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 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.
Figure 14. Yard Terms
(148) Zoning Certificate. "Zoning certificate" means a document issued by the 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.
(149) 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.
(150) Zoning Districts. "Zoning Districts" are classified as follows:
A. "Business Zoning District(s)" or "Business Districts" means the LBD Local, the HBD Highway, the CBD Central, and UVD, Urban Village Districts identified in Chapter 1261 of the Zoning Code of the City of Springboro.
B. "Manufacturing Zoning Districts" or "Manufacturing Districts" means the M-1 Light Manufacturing and M-2 Heavy Manufacturing Zoning Districts identified in Chapter 1261 of the Zoning Ordinances of the City of Springboro.
C. "Office Zoning District(s)" or "Office Districts" mean the O-R, Office-Residential Zoning District, and O Office Zoning Districts identified in Chapter 1261 of the Zoning Ordinances of the City of Springboro.
D. "Residential Zoning District(s)" or "Residential Districts" means the R-1 Estate- Type Residential, R-2 Low Density Residential, and R-3 Medium Density Residential Zoning Districts identified in Chapter 1261 of the Zoning Ordinances of the City of Springboro.
(151) Zoning Inspector. "Zoning Inspector" means the Zoning Inspector of the City of Springboro.
(152) Zoning Map. "Zoning Map" means the Official Zoning Map of the City of Springboro, Ohio.
(Ord. 0-15-4. Passed 2-19-15; Ord. O-20-2. Passed 1-2-20; Ord. O-20-13. Passed 7-16-20; Ord. O-21-6. Passed 6-17-21.)