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ACCESSORY APARTMENT. A single dwelling unit apartment intended for use as a complete independent living facility that is in the same structure as, under the same ownership as, and subordinate to a single-family residence, and with one of the two dwelling units occupied as the principal residence of the owner.
ALTERATION. Any material change in external architectural feature(s) of any property or any change to an archaeological feature of the property, including a change or rearrangement in the structural parts or building service equipment or an enlargement, whether by extending on a side or by increasing height. ALTERATION shall include a change in design, color, texture, materials or exterior architectural feature. Ordinary maintenance to correct any deterioration or damage to a structure or to restore the structure to its condition prior to such deterioration or damage is excluded from the definition of ALTERATION, provided such work does not involve a change in design, color, texture, material or exterior architectural feature.
AMBULATORY HEALTH CARE FACILITY. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing or similar care on a less than 24-hour basis to individuals who are rendered incapable of self-preservation.
(1) KENNEL/CATTERY. An establishment for the keeping, breeding, and raising of three or more mature (over the age of four months) domesticated animals for profit, gain, or enjoyment, but shall not apply to the keeping of animals in a veterinary establishment for the purpose of observation and/or recovery necessary for veterinary treatment.
(2) PET BOARDING. A structure or premises providing overnight accommodations of household pets with or without compensation.
(3) PET OR ANIMAL TRAINING or PET DAY CARE. A structure or premises used for the training, exercising, attending to the care of, or any other animal husbandry activities for household pets with or without compensation during the day between the hours of 6:00 a.m. and 9:00 p.m.
(4) VETERINARIAN OFFICE and ANIMAL HOSPITALS. A building or structure in which facilities are provided for the prevention, cure and alleviation of disease and injury to animals and in conjunction with which there may be shelter provided, within the building or structure, during the period of treatment.
APPLICANT. A person commencing proceedings under this code to effect the development or use of land for himself or herself or for another, or for the reconstruction or construction of structures already built upon the land which may include but is not limited to the fee simple owner or the designee of the property owner bearing written authorization of the fee simple owner(s).
ASSISTED LIVING FACILITY. A long-term care facility that provides housing, personalized support services, and health care designed to meet the individual needs of persons who need help with the activities of daily life such as meals, medication management, or assistance with bathing and dressing, but do not need the degree of medical care provided in a skilled nursing facility.
ATHLETIC FACILITIES. See RECREATION, COMMERCIAL.
AUTOMATED TELLER MACHINE (ATM). An electronic device used by the public for conducting financial transactions such as withdrawing or depositing cash from a bank, savings, credit union, credit card or similar account wherein the customer operates the device independently.
AUTOMOTIVE FUELING STATIONS. The use of a building or structure or any portion thereof for the purpose of dispensing motor fuel from fixed equipment into the fuel tanks of motor vehicles and the services incidental thereto. Automotive fueling stations does not include facilities designed for the fueling of semi-trailer trucks.
AUTOMOTIVE GARAGE AND CARPORT. A residential accessory building or a residential accessory portion of a principal building, including carport which is intended for and used for storing no more than four motor vehicles, is subordinate in area to the residential living quarters and in which no business, service or industry is performed.
AUTOMOTIVE RENTAL. Any building or land used for the display and rental of motor vehicles, motorcycles, recreational vehicles, and trucks in operable condition. Vehicle rental is the use of a motor vehicle for a temporary period of time at an agreed amount of money for the rental.
AUTOMOTIVE REPAIR FACILITY. A facility that performs all customary repair services for automobiles or other motorized equipment owned by the general public.
AUTOMOTIVE SALES - NEW. Any building or land used for the display and sale of new motor vehicles, motorcycles, recreational vehicles, and trucks in operable condition.
AUTOMOTIVE SALES - USED. Any building or land used for the display and sale of used motor vehicles, motorcycles, recreational vehicles, and trucks in operable condition.
AUTOMOTIVE STORAGE LOT. Any building or premises used for storage of motor-driven vehicles pursuant to previous arrangements and not to transients, and at which automobile fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired or sold. This excludes the storage of recreational vehicles.
AUTOMOTIVE WASHING ESTABLISHMENTS. A building or enclosed area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices and/or which may employ hand labor.
AVIARY. A place for keeping birds confined.
AWNING. A framed, decorative roof-like cover attached to a building façade for the purpose of protecting doorways or windows from rain and sunlight exposure.
BASEMENT. A space having one-half or more of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and a half feet.
BED AND BREAKFAST. A private owner-occupied residence with one to three guest rooms contained within that structure and operated so that guests reside at the home for a finite and temporary basis. No kitchen facilities may be provided for use by guests.
BEEKEEPING or APICULTURE. The cultivation of bees.
BILLIARDS PARLOR or POOL ROOM. A room or building in which billiards are played.
BOARD. The Board of Zoning Appeals for the City of Springdale.
BREWERY, MACRO. Brewery that produces more than 15,000 barrels per year and may distribute outside of the region, and which may or may not include a taproom and/or restaurant. Includes the production of ciders.
BREWERY, MICRO. A limited-production brewery that produces less than 15,000 barrels per year and that typically produces specialty beers that are generally only sold locally, and which may or may not include a taproom and/or restaurant. Includes the production of ciders.
BREWERY, NANO. A limited-production brewery that uses a three-barrel or smaller system, and which may or may not include a taproom and/or restaurant. Includes the production of ciders.
BUFFERYARD. Open spaces, landscaped areas, fences, walls, berms or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights or other nuisances.
BUILDING. A structure which is permanently affixed to the land having one or more floors and a roof, being bounded by open space or lot lines, and used as a shelter or enclosure for persons, or animals, or as an enclosure for property. BUILDING shall also be construed to include structures as defined in this section unless otherwise noted, and shall be construed as if followed by the words "part or parts thereof" unless otherwise noted.
BUILDING, ACCESSORY. See STRUCTURE, ACCESSORY.
BUILDING AREA. The area of the largest floor of the main building and all accessory buildings, including unenclosed porches, but excluding terraces and steps, measured from the outside surface of the exterior walls.
BUILDING COVERAGE. The percentage of a lot covered by the main and accessory buildings.
BUILDING FRONTAGE. Total lineal feet of the building facade which fronts the principal dedicated street, or that facade upon which the main entrance to the building is situated.
Figure 600-1: Illustration of building frontage
BUILDING HEIGHT. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the vertical distance measured from the ridge of a pitched roof to the average finished grade across the face of the building containing its principal entrance.
BUILDING LINE. A line established by this zoning code, generally parallel with and measured from the front lot line, defining the limits of a front yard in which no building or structure may be located above ground except as provided in this code.
Figure 600-2: Illustration of building line
BUILDING OFFICIAL. The BUILDING OFFICIAL of the City of Springdale or his or her duly authorized agent.
BUILDING PERMIT. A permit issued by the Building Official pursuant to procedures established under the applicable city building code.
BUILDING, PRINCIPAL. The building occupied by the main or principal use or activity on or intended for the premises, all parts of which building are connected in a substantial manner by common walls and a continuous roof.
CELLULAR, WIRELESS, AND PERSONAL COMMUNICATIONS.
(1) SERVICE ANTENNA. Any structure or device used to receive or transmit electromagnetic waves between cellular phones, tablets, or other personal communications devices and ground-wired communications systems including both directional antennas, such as panels, and omni-directional antennas, such as whips, and other equipment utilized to service personal communication services.
(2) SERVICE SITES. A tract, lot, or parcel of land that contains the cellular, wireless, or personal communications tower, antenna, support structure(s), parking, and any other uses associated with and ancillary to cellular or wireless communications and personal communication services transmissions.
(3) SERVICE TOWER. Any freestanding structure used to support a cellular, wireless, or personal communications service antenna.
(4) SERVICE TOWER, HEIGHT OF. The height from the base of the structure to its top, including any antenna located thereon.
(5) SUPPORT STRUCTURE. Any building or structure accessory to, but necessary for the proper functioning of, the cellular, wireless, or personal communications antenna or tower.
CEMETERY. An area of land set apart for the sole purpose of the burial of bodies of dead persons or animals, and for the erection of customary markers, monuments, and mausoleums.
CHANGEABLE COPY. A sign designed so that the characters, letter or illustrations can be changed or rearranged manually or electronically without altering the sign display surface. May also be known as reader boards.
CHILD'S PLAYHOUSE OR TREEHOUSE. A small structure for children's recreational activities.
CHURCH. See RELIGIOUS PLACES OF WORSHIP/ASSEMBLY OR CHURCH.
CITY. The City of Springdale, Ohio.
CLERK. The duly acting and qualified Clerk of Council/Finance Director of the City of Springdale.
CLUB. A building or portion thereof or premises owned or operated by a corporation, association, or group of persons for a social, educational, recreational, charitable, political, patriotic or athletic purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
CLUB, PRIVATE. Lands and facilities operated by or for a group or association.
CLUB, TEEN. All buildings and places of assembly as defined in Title XI, Chapter 122 of these Codified Ordinances regulating teen clubs. For the purposes of this chapter, teen clubs shall include teen night clubs, teen dance clubs or any entertainment establishment where the intended occupancy is either overwhelmingly or exclusively minors between 13 and 21 years of age unaccompanied by an adult parent or guardian, but not including similar events operated by a non-profit organization.
CODE. The Official Zoning Code of the City of Springdale, being Chapter 153 of the Springdale Code of Ordinances.
COMMEMORATIVE PLAQUE. A permanent sign which memorializes the historical, political, social, religious, scientific or educational significance of the premises.
COMMERCIAL VEHICLE. See VEHICLE, COMMERCIAL.
COMMISSION. The Planning Commission of the City of Springdale.
COMMON LAND. Land in a subdivision or a development area not owned as private land or occupied by dwellings, which is created for common usage by restrictions, easements, covenants, or other conditions running with the land, and which is held for the use and enjoyment by or for the owners or occupants of the dwellings in a subdivision or development area, or owned by a home or unit owners association.
COMMUNITY CENTER. A public building that can be used as a gathering place of community members that may have kitchen facilities, meeting rooms, or recreation facilities.
COMMUNITY SOCIAL SERVICE FACILITIES. A facility housing a public or non-profit agency that provides counseling, therapy, or other social or human service to persons needing such services due to physical, mental, emotional, or other disability or hardship. This definition does not include schools, hospitals, clinics, day cares, or residential uses.
COMPOSTING BIN. A fixed or moveable structure made up of fencing or other material for the purpose of containing and cultivating compost.
CONVENIENCE STORE. Small-scale retail store used for the sale of goods used on an everyday basis by consumers including, but not limited to, pre-packaged food products, household items, newspapers, and magazines.
CORPORATE IDENTITY FLAG. A flag whose design includes the trademark, insignia, logo or emblem of a corporation, business or development located on the same property.
COUNCIL. The legislative body of the City of Springdale.
COUNTY. The County of Hamilton, Ohio.
COURTYARD. Any open space unobstructed from the ground to the sky, other than a required yard, which is bounded on two or more sides by exterior walls of the building that is on the same lot.
CUL-DE-SAC. A local street, one end of which connects with another street and the other end of which is a dead-end which allows space for turning of vehicles.
CULTURAL INSTITUTION. An institution engaged primarily in the performing arts or in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes performing arts centers for theater, dance and events, museums, historical sites, art galleries, libraries, aquariums and observatories.
DAY CARE. A place in which supervision, protection and care is administered to a person or persons, by an adult other than their parents or guardians, custodians or relatives by blood, marriage or adoption, but not including overnight lodging.
DAY CARE, ADULT. A place that provides community based programs designed to meet the health, social, and related needs of functionally impaired adults during daytime hours.
DAY CARE, CHILD. A place in which child care is provided, with or without compensation during daytime hours.
DAY CARE, PET. See ANIMAL SERVICES, PET or ANIMAL TRAINING OR PET DAY CARE.
DEMOLITION. An act or process that destroys a structure in whole or in part.
DENSITY. The number of households, dwelling units, or housing structures per unit of land. To determine density, the total number of dwelling units is divided by the gross area of a site (not including public rights-of-way), expressed in dwelling units per acre.
DEVELOPER. A person commencing proceedings under this code to effect the development or use of land for himself/herself, as owner or for the owner, acting as his/her agent, or for the construction or reconstruction of structures already built upon the land.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DEVELOPMENT AREA. The area of land to be developed by a single owner or a group of owners, acting jointly, which may consist of a parcel or several parcels and includes a related group of single household dwellings, two household dwellings, multi-household dwellings, office, retail, industrial or other uses planned and developed as an entity.
DISTILLERY, MACRO. A place or establishment where the distilling of liquors is done on a large scale and such liquor is distributed for sale and which may or may not include a taproom and/or restaurant.
DISTILLERY, MICRO. A small, often boutique-style distillery, established to produce beverage grade spirit alcohol in relatively small quantities, usually done in single batches, and which may or may not include a taproom and/or restaurant.
DISTILLERY, NANO. A small-style distillery that produces no more than 500 barrels of beverage grade spirit alcohol per year for on-site consumption or for carryout, and which may or may not include a restaurant.
DISTRIBUTION CENTER. A facility that is usually smaller than an establishment's main warehouse and is used for receipt, temporary storage, and redistribution of goods according to customers' orders as they are received.
DISTRICT. A portion of the territory of the city, within which certain uniform regulations and requirements or various combinations thereof, apply under the provisions of this chapter.
DONATION DROP BOX. A receptacle designed with a door, slot, or other opening that is intended to accept and store donated items, such as, but not limited to, clothing or household items. This definition of DONATION DROP BOX shall not include trailers where personnel are present to accept donations at all times that the trailer is present and accepting donated items.
DRIVE-THROUGH FACILITY. An establishment or facility that by design of physical facilities or by service or packaging procedures encourages or permits customers to receive a service or obtain a product or to be entertained while remaining in a motor vehicle on the premises.
DRIVEWAY or ACCESS DRIVE. A prepared cementitious, asphaltic, or other durable surface area, as approved by the City Engineer, providing ingress and egress for vehicles from private property to and from a private or public right-of-way.
DRY CLEANER. A facility where garments and other fabric materials may be laundered or dry cleaned.
DUMPSTER. See WASTE CONTAINER UNIT OR WASTE COLLECTION UNIT.
DWELLING. A building or structure designed or occupied exclusively for residential use and permitted accessory uses for one or more households, but not including a tent, cabin, trailer, hotel, motel, mobile home or manufactured home.
DWELLING, MULTI-HOUSEHOLD. A building consisting of three or more dwelling units, each dwelling unit being the residence of a single household.
DWELLING, MULTI-HOUSEHOLD, AGE RESTRICTED. Developments that are specifically restricted to persons 55 and older, and whose residents that are 55 or older occupy at least 90 percent of the occupied units. Anyone under the age of 19 are restricted from being a permanent resident. Developments may include a range of housing types including single-family homes, townhomes, cluster homes, or multi-family buildings.
DWELLING, SINGLE HOUSEHOLD. A building or structure consisting of a single dwelling unit only, separated from other dwelling units by open spaces, not including a manufactured home.
DWELLING, TWO HOUSEHOLD. A building consisting of two and no more than two single household dwelling units which may be either attached side by side or one above the other, and each unit having either a separate or combined entrance or entrances.
DWELLING UNIT. Space within a dwelling comprising living, dining, and sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by one household.
DWELLING UNIT AREA. The sum of the gross fully enclosed floor area above the basement level, excluding garages, plus those floor areas not more than three feet below finished grade, including those rooms and closets having the minimum ceiling height of seven feet, and the natural light and ventilation required by the city building code. For the purposes of this code, the finished grade shall be the final average elevation around the dwelling after development. Rooms above the first floor of a dwelling unit may be included only if they are directly connected by permanent stairs and a hallway. If under a pitched roof, they also must have one-half of the room area with a minimum ceiling height of seven feet. No portion of the room with a ceiling height of less than five feet shall be included. In a multi-household apartment building, garages, and public or common halls, stairways, loading facilities, recreational area, and storage rooms shall be excluded. The following shall govern measurements used in computing the area of a dwelling unit:
(1) The gross floor area for frame building shall be measured from the exterior face of the enclosing walls at the respective floor line.
(2) For dwelling units in two household residences and multi-household buildings measurements shall be as provided in division (1) of this definition, except that measurements involving party walls shall be made to the center line of the party wall.
EARTH TONE. Colors that draw from a palette of browns, tans, greys, greens, and some dark muted reds. Earth tone colors are muted and flat in an emulation of the natural colors found in dirt, trees, and rocks.
EASEMENT. The right of a person or entity to use, for a specific purpose or purposes, common land or private land owned by another.
EDUCATIONAL INSTITUTION. A facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high schools, high schools, and technical and collegiate level courses.
EMPLOYEE. A person who works for another person for financial or other compensation.
ENGINEER. The designated engineer or engineers of the City of Springdale.
ENTERTAINMENT, LIVE/DANCING. An event, performance, or activity designed to entertain others.
FABRICATION. The assembly, alteration, processing, or treatment of a product. This definition does not include manufacturing or machine tooling.
FAÇADE. That portion of a building including a canopy or awning facing the street or that wall of a building through which there is primary access for customers. Where more than one business occupies the same building, the facade for each business shall be that portion of the building occupied by the business which faces the street or which provides the primary access.
FARM MACHINERY. All machines and tools used in the production, harvesting, and care of farm products, including trailers used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at a speed of 25 miles per hour, or less.
FARMERS MARKET. An organized seasonal outdoor market containing six or more independent vendors open to the public at which locally grown produce and flowers, value-added agricultural products, and fresh baked goods are sold by persons or their representatives who typically grow, harvest or process such items from their farm or agricultural operation.
FENCE. A man made yard structure which forms, or which has the intended purpose to form, a barrier to light, sound, wind, snow, animals, vehicles, or pedestrians.
FINANCIAL INSTITUTION. Any building, property or activity of which the principal use or purpose of which is the provision of financial services including, but not limited to banks, facilities for automatic teller machines (ATM's), credit unions, savings and loan institutions, and mortgage companies.
FINISHED GRADE. The elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
FITNESS OR HEALTH CLUB. See RECREATION, COMMERCIAL.
FLOODPLAIN. Any land area susceptible to being inundated by water from any source and as identified on the FEMA flood insurance maps.
FLOOR AREA. The total area of all of the floors of the building used by one or more activities. Such area shall be measured from the exterior faces of the building.
FLOOR AREA, GROSS. The total floor area used for the main and accessory activities and storage areas of the building served.
FLOOR AREA, NET. The total floor area of a building, excluding stairwells, elevator shafts, equipment and mechanical rooms, rest rooms, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FOOD MARKET OR GROCERY STORE. A retail or wholesale store that primarily sells food, including canned and frozen goods, fresh fruits and vegetables, and fresh and prepared meats, fish, and poultry.
FOOD PROCESSING. A business that prepares food and beverages for off-site consumption, including delivery services. This classification includes catering kitchens, bakeries, and the small-scale production of specialty foods, such as sweets.
FOOTCANDLE. A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one standard candle.
FREEWAY. A divided arterial highway for through traffic, to which access from the abutting properties is prohibited, and all street crossings are made by grade separated intersections.
FUNERAL HOME OR MORTUARY. An establishment primarily engaged in the provision of services involving the care, preparation or disposition of human dead. Typical uses include funeral parlors, crematories, mortuaries, or columbaria.
GARAGE. A building or a part of a residence that includes a garage door, in which to store vehicles and personal property, and is incidental to the use of the property.
GARAGE DOOR. A large door on a garage that opens either manually or by an electric motor and is large enough to accommodate a passenger vehicle.
GARDEN, COMMUNITY. A site operated and maintained by an individual or group to cultivate trees, herbs, fruits, vegetables, flowers, or other ornamental foliage for the following uses: personal use, consumption, donation or off site sale of items grown on the site.
GARDEN, PRIVATE. A garden located on a privately-owned site not maintained by a group.
GOVERNMENT BUILDING. Any building, structure, or use, or portion thereof, used by a governmental agency for administrative or service purposes, but not including buildings devoted solely to the storage and maintenance of equipment and materials.
GOVERNMENT STORAGE YARD. Buildings and yards devoted solely to the storage and maintenance of government equipment and materials.
GRADE. A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, when the lot line is more than six feet from the building, between the building and a point six feet from the building.
GREEN SPACE. Area of the lot covered with grass, landscaping and vegetation.
GREENHOUSE. A glassed or translucent enclosure used for the cultivation or protection of plants.
GROUP HOME. A public or private facility which provides placement services for children and is licensed, regulated, approved, and operated under the direction of, or otherwise certified as a group home by, the State of Ohio.
GROUP HOME, ADULT. A residence or facility that provides accommodations and supervision to six to 16 unrelated adults at least three of whom require personal care services.
HEDGE. A row of shrubs or bushes, whose intended purpose either at planting or maturity is to form a barrier to light, sound, wind, snow, animals, vehicles, and pedestrians.
HOME OCCUPATION. Any occupation, profession, use or activity which is customarily incidental to the principal residential use of the premises and is conducted by a resident occupant which does not alter the exterior of the property or affect the residential character of the neighborhood.
HOSPITAL. A facility providing physical or mental health services, inpatient or overnight accommodations, and medical or surgical care of the sick or injured.
HOTEL or MOTEL. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding house or lodging house.
HOUSEHOLD. A group of individuals not necessarily related by blood, marriage, adoption or guardianship, living together in a dwelling unit as a single unit.
IMPERVIOUS SURFACE. Any material that prevents the absorption of stormwater into the ground located directly below the material.
IMPROVED SURFACE. A prepared cementitious, asphaltic, or other durable surface area, as approved by the City Engineer.
INCIDENTAL. An object or use necessarily found in connection with the principal structure or use, but subordinate and secondary thereto.
INSPECTOR. The Building Inspector of the City of Springdale.
KITCHEN. A room or part of a room that is designed, built, used or intended to be used for food preparation and dishwashing; but not including a bar, butler's pantry or similar room adjacent to or connected with a kitchen.
LABORATORY. A facility for medical, optical, orthotic, prosthetic, or dental laboratory services, photographic, analytical, or testing services and scientific research facilities.
LANDSCAPING. The improvement of a lot, parcel or tract of land with grass, shrubs, and trees. Landscaping may include pedestrian walks, flower beds, ornamental objects such as fountains, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.
LAUNDRY or LAUNDROMAT. A facility where patrons wash and dry clothing or other fabrics in machines operated by the patrons or by an employee of the facility.
LAW DIRECTOR. The designated attorney or attorneys for the City of Springdale.
LIBRARY. A facility that contains books, periodicals, and other materials for reading, viewing, listening, study, or reference, that consists of a room, set of rooms, or building where such materials may be read or borrowed.
LIGHT, CUTOFF. An artificial outdoor light source designed to ensure that no light is directly emitted above a horizontal line parallel to the ground.
LIGHT, NON-CUTO FF. An artificial outdoor light source designed to allow light to be directly emitted above a horizontal line parallel to the ground.
Figure 600-3: Examples of cutoff and non-cutoff lighting
LIGHT, OUTDOOR. Any source that is installed or mounted outside of an enclosed building, but not including street lights installed or maintained along public streets by a government agency or public utility.
LIGHT TRESPASS. Light which goes beyond the boundary of the site on which the light source is located.
LIVESTOCK. An equine animal regardless of the purpose for which they are raised, and any animal raised for human food products or fiber. These include porcine animals, bovine animals, caprine animals, ovine animals, poultry, alpacas, llamas, or any other animal designated as LIVESTOCK by the State of Ohio. See R.C. § 904.01
LOADING AREA/DOCK. An off-street space or berth for the loading or unloading of vehicles on the same lot as the structure they serve.
LOT. A division of land separated from other divisions for purposes of either sale, lease, or separate use, described on the recorded subdivision plat, recorded survey map, or by metes and bounds.
Figure 600-4: Illustration of lot configurations and types
LOT AREA, GROSS. The gross lot area is the sum of the land areas encompassed within the property lot lines.
LOT AREA, NET. The net lot area is the total area within the lot lines of a lot, excluding any street right-of-way or other legal public dedication.
LOT, CORNER. A lot abutting on two streets at their intersection, if the interior angle of intersection is not more than 135°.
LOT DEPTH. The mean horizontal distance of a lot measured between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot with opposite ends abutting on public or private streets.
LOT FRONTAGE. The lineal distance of a property line which abuts a public right-of-way.
LOT, INTERIOR. A lot other than a corner lot or a double frontage lot.
LOT LINE. The boundary of a lot separating it from adjoining public, common, or private land, including a public street.
LOT LINE, FRONT. The lot line separating an interior lot from the street upon which it abuts; or the lot line of a corner lot upon which the building fronts.
LOT LINE, REAR. A lot line parallel or within 45° of being parallel to, and most distant from, the front lot line.
LOT LINE, SIDE. A lot line which is neither a front nor a rear lot line.
Figure 600-5: Illustration of lot setbacks and lot lines
LOT OF RECORD. Land designated as a separate parcel on a subdivision plat, in the records of the Recorder of Hamilton County; or a parcel of land, the deed to which was of record on or prior to the date of the enactment of this code.
LOT, PANHANDLE. A lot also known as a "rear lot" or a "flag lot" which utilizes a narrow strip of land or stem to provide access to, or legal frontage on, a public street or private street. The panhandle of such lot is not considered a building site, nor is the area of such included in calculating the lot area.
LOT, VACANT. A lot without a building or structure.
LOT WIDTH. When used in connection with BUILDING LINE, the horizontal distance of a lot measured along the building line at a right angle to the mean lot depth line. When used in connection with FRONT LOT LINE, it shall be construed to require measurement along the street right-of-way. When used in connection with neither, it shall be construed to require measurement at both.
LOT, ZONING. A parcel or parcels of land abutting a dedicated street occupied or intended to be occupied by a main building and those accessory structures or uses customarily incidental to it together with such open spaces as required by this zoning code. A ZONING LOT shall consist of all property held under conditions described in R.C. Chapter 5311 or in the case of landominium uses shall consist of:
(1) All common lands and common facilities in which individual unit owners have a right or easement of enjoyment subject to the right of a homeowner or unit association to assess a proportionate share of the maintenance, improvement, and enlargement of common land and common facilities on the individual unit owners; and,
(2) The parcels of land on which are located the units owned by all individual unit owners who have such right or easement. Otherwise, unless the context clearly indicates the contrary, the term LOT as defined in this section is used synonymously with ZONING LOT in this code, and it may or may not coincide with LOT OF RECORD.
MAINTENANCE AND REPAIR SERVICE. An establishment providing repair services for personal and household goods, such as household appliances, computers, television, audio or video equipment, office machines, furniture and leather goods. This classification excludes building maintenance services and maintenance and repair of automobiles and other vehicles and equipment.
MANUFACTURING, LIGHT. The assembling, altering, converting, fabricating, finishing, processing or treatment of a product utilizing a relatively clean and quiet process which does not include or generate objectionable or hazardous elements such as smoke, odor, vibration, water pollution or dust and which is operating and storing products and materials in a completely enclosed structure.
MAP. A drawing showing geographic, topographic, or other physical features of the land.
MAY. Indicates a permissible course of conduct or conditions, but as used in this code does not mean that other courses of conduct or conditions are likewise permissible unless otherwise explicitly expressed.
MEDICAL CLINIC, OUTPATIENT. A building or portion thereof used to provide medical care on less than a 24-hour basis to individuals who are not rendered incapable of self-preservation by the services provided.
MEETING FACILITY. A building that includes large rooms designed to be used for business meetings, gatherings, or conferences.
MIXED USE. A building, lot, or development that contains a mixture of uses including residential, commercial, and/or industrial uses.
MOBILE USE, FOOD. A vehicle or cart used to prepare and serve food and/or beverages in individual portions in a ready-to-consume state. It does not include the sale of groceries or vegetables and fruits not prepared for immediate consumption at the vehicle.
MOBILE USE, MEDICAL. A vehicle used for the following: blood donations, immunization, medical evaluation, imaging, diagnostic or testing procedures. It does not include massage or any type of surgery.
MODEL HOME. A house in a newly built development that is furnished and decorated to be shown to prospective buyers.
MOTOR VEHICLE. Any vehicle, including house trailers and recreational vehicles, propelled or drawn from power other than muscular power or power collected from overhead electric trolley wires.
MUNICIPALITY or CITY. The City of Springdale, Ohio.
MUSEUM. A building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, or artistic value.
NONCONFORMING BUILDING. A building existing lawfully at the time this zoning code, or an amendment thereto, became effective, but which does not conform to the area, height, or bulk of building, yard, or other requirements of the district in which it is located.
NONCONFORMING SIGN. A permanent sign existing on any premises which was legal on the effective date of the applicable section or sections of this zoning code, but which does not conform with the provisions of this zoning code.
NONCONFORMING USE. The use of a building or land, existing lawfully at the time this zoning code, or an amendment thereto, became effective, but which does not conform to the use regulations, off-street parking requirements, loading requirements, performance standards, or other regulations of the district in which it is located.
NON-PROFIT ORGANIZATION. An organization exempt from taxation under Sec. 501 (c) (3), (4), (7), (8), (10) or (19) of the Internal Revenue Code, Title 26, U.S.C., as in effect on the effective date of this zoning code, and/or incorporated under R.C. Chapter 1702 pertaining to non-profit corporations.
NURSERY. A place where the primary activity is the growing of plants, trees and shrubs for sale.
NURSING HOME. See SKILLED NURSING FACILITY.
OFF-PREMISE ADVERTISING. A premise or a portion of a premise that is leased or sold to an entity for the use of advertising a business, commodity, or commercial or non-commercial service or entertainment that is not located on the premise.
OFF-STREET LOADING SPACE. An open or enclosed area, including an area within a building, accessible to a public street and available whenever needed for the loading of goods or products to the main use.
OFF-STREET PARKING SPACE. An open or enclosed area accessible to a public street for parking of motor vehicles of owners, occupants, employees, customers, or tenants of the main use.
OFFICE. A building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations.
OFFICE, MEDICAL. Offices organized as a unified facility for licensed physicians, dentists, chiropractors, or other health care professionals providing diagnosis or care of sick or injured persons but are not provided with room and board and are not kept overnight on the premises. Medical services and medical clinics include medical and dental laboratories incidental to the medical office use.
OPACITY. The measurement of the screening effectiveness, particularly the amount of light which passes through the screening material.
OPEN SPACE. An area of land or an area of water, or a combination thereof, that is designed for either environmental, scenic, or recreational purposes. It may include buffer areas, active and passive recreation areas, wooded areas, water courses, and similar amenities. OPEN SPACE shall not include off-street parking areas, streets, or part of road rights-of-way.
OUTDOOR COMMERCIAL DINING AREA. A porch, patio, deck or other area used for consumption of food and/or beverages by the public which is not completely enclosed within the exterior building walls, windows and doors of a limited restaurant, full service restaurant or a drinking establishment, and which may or may not have a solid roof cover.
OUTDOOR ENTERTAINMENT. The provision of television or musical, theatrical, dance, cabaret, or comedy act performed by one or more persons either electronically amplified or not and/or any form of dancing by patrons and guests outside of the principal building on a deck or patio.
OUTDOOR SALES/DISPLAY. Any unenclosed area exhibiting sample goods, merchandise or vehicles for rental, lease or sale.
OUTDOOR STORAGE. The keeping, in an enclosed or unenclosed area, of any goods, junk materials, merchandise or vehicles in the same place for more than 24 hours.
OUTDOOR VENDING MACHINE. Any self-contained or connected appliance, machine, and/or storage container located outside or in a non-enclosed space that dispenses or provides storage of a product or service. Newspaper racks, pay telephones, air pumps, vacuum machines, and automated teller machines are not considered or regulated as vending machines.
OWNER. Fee simple owner, or his or her authorized agent.
PARCEL. Any quantity of land and water capable of being described with such specificity that its location and boundaries may be established as distinct from other parcels which is designated by its owner or developer as land to be used or developed as a unit, or which has been used or developed as a unit.
PARK AND RIDE FACILITY. Parking lot provided to encourage transfer from private automobile to mass transit or to encourage carpooling for purposes of commuting.
PARK, PUBLIC. Any land owned by the public and open for use by the general public for active or passive recreational purposes or as a refuge for wildlife.
PARK, PRIVATE. A park or playground which is not owned by a public agency, and which is operated for the exclusive use of private residents or neighborhood groups and their guests and not for use by the general public.
PARKING AREA or PARKING LOT. An area of ground upon a lot that is used for the parking of vehicles.
PARKING DRIVE. The driveway or access drive by which a car enters and departs a parking space.
PARKING GARAGE. A structure built that may be above grade, below grade, or a combination thereof, that provides off-street parking for motorized vehicles.
PARKING SPACE. See OFF-STREET PARKING SPACE.
PASSENGER CAR. Any motor vehicle designed and used for carrying not more than 12 persons but which is not a truck designed by the manufacturer to carry a load of more than one ton, recreational vehicle or commercial tractor.
PEDESTRIAN WAY. A public or private right-of-way solely for pedestrian circulation.
PERFORMANCE STANDARD. A criterion established to control the dust, effluent, smoke, fire and explosive hazards, glare, heat, noise, odor, toxic and noxious matter, vibrations, and other conditions created by, or inherent in, uses of land or buildings.
PERSON. An individual, firm, partnership, association, joint venture, corporation, trust, or any other legal entity, including his, her or its agents.
PERSONAL SERVICE. An establishment primarily engaged in providing individual services generally related to personal needs, such as, but not limited to, barber shops, beauty shops, nail salons, day spas, travel agencies, and photographic studios.
PET, HOUSEHOLD. An animal such as a dog, cat, parrot, parakeet, canary, rabbit, hamster, gerbil, guinea pig, aquarium fish or turtle, or white mouse or rat which is commonly bred for the exclusive purpose of the personal use and enjoyment of an owner or harborer thereof, and for which exclusive purpose the owner or harborer keeps or maintains such animal. A HOUSEHOLD PET shall not include an exotic animal such as a lion, tiger, tarantula, bear, boa constrictor, alligator, crocodile, piranha, pot-bellied pig, or an animal of a poisonous species or variety, whether domesticated or not. Also, a HOUSEHOLD PET shall not include animals meeting the definition of "livestock" or "dangerous wild animal" as established by the State of Ohio. See R.C. § 904.1 or R.C. § 935.01.
PLAN. A drawing of a proposed design or of work to be performed.
PLANNER. The land use planner or planners of the City of Springdale or his or her duly authorized agent.
PLAT. A map of a lot, parcel, subdivision, or development area on which the lines of each element are shown by accurate distances and bearings.
PORTABLE STORAGE UNITS. Any enclosed unit made of metal or other durable construction material designed for permanent or temporary storage of personal property which is designed to be transported by vehicle.
PRIVATE LAND. Land in a subdivision or development area which shall be adjoining, attached, and assigned to a single household dwelling, two household dwelling, apartment building, or townhouse building to be held by the owner of the dwelling or building as an open space for all occupants of a residence or all occupants of a multi-household development.
PUBLIC SAFETY FACILITY. A facility for public safety and emergency services, including police and fire protection and police and fire training facilities.
RAZOR WIRE. Wire that is fitted with sharp razor edges or intermittent blades and used as an obstacle, barrier, or fence.
RECREATION, COMMERCIAL. A public or private recreation facility operated as a commercial activity, including but not limited to batting cages, bowling alleys, dragstrips, raceways, golf driving ranges, archery ranges, mechanical rides, miniature golf courses, golf courses, tennis clubs, arenas, amphitheaters, stadiums, health and fitness facilities, and swimming pools. COMMERCIAL RECREATION does not include indoor or outdoor gun shooting ranges. Indoor commercial recreation uses must have all activities and uses within completely enclosed buildings. COMMERCIAL RECREATION uses that involve both indoor and outdoor activities shall be classified as an outdoor commercial recreation use. COMMERCIAL RECREATION uses may include on-premises eating and/or drinking establishments that are subordinate to the principal recreation use.
REGULATION. Any rule, law, ordinance, restriction, or other mandatory provision adopted or enacted under authority of law and intended to control, require, or prohibit an act.
RELIGIOUS PLACES OF WORSHIP/ASSEMBLY OR CHURCH. An institution that a congregation of people regularly attends to participate in or hold religious services, meetings and other activities, including buildings in which the religious services of any denomination are held.
RESIDENTIAL CARE FACILITY. See ASSISTED LIVING FACILITY.
RESTAURANT. An establishment whose principal business is the selling of food and beverages to the customer in a ready-to-consume state, in individual servings.
RESTAURANT, BAR. A use primarily functioning as an alcoholic beverage consumption establishment or tavern, serving customers on the premises.
RESTAURANT, FAST CASUAL. An eating establishment that sells food and/or beverages in a ready-to-consume state and whose principal method of operation typically includes customers ordering from a counter and food is either taken to a table by the customer or delivered to a table by an employee and the food is made fresh when ordered and is not pre-packaged or pre-prepared. A FAST CASUAL RESTAURANT typically does not include a drive-thru or pick-up window, but if it does have a drive-thru, its hours of operation are limited to the indoor dining hours.
RESTAURANT, FAST FOOD. An eating establishment that sells food and/or beverages in a ready-to-consume state and whose principal method of operation includes providing customers pre-prepared or pre-packaged food and/or beverages in disposable containers for consumption either on- or off-premises. FAST FOOD RESTAURANTS typically include drive-thru or pick-up windows which are a major source of business for the establishment and may operate outside of the hours of any indoor dining room.
RESTAURANT, SIT-DOWN. A restaurant whose principal business is the sale of food and/or beverages in a ready-to-consume state and whose principal method of operation includes the sale of food and service to patrons seated at tables or counters for consumption within the establishment.
RETAIL SALES. An establishment engaged in the sales of goods, including, but not limited to: clothing and shoes, jewelry, luggage and leather goods, alcoholic beverage sales, furniture and home furnishings, electronic appliances, sporting goods and hobbies, books, periodicals and music, tobacco sales, department stores, florists, office suppliers and stationary, gifts and novelties, pets, hardware, pawn shops, video stores and auto parts. The classification includes the retail sale of merchandise not specifically listed under another use classification.
RIGHT-OF-WAY. All of the land included within an area which is dedicated, reserved by deed, or granted by easement for street purposes.
RIPARIAN CORRIDOR EASEMENT. A buffer zone of restricted development and limited land use adjacent to all perennial streams and rivers. The purposes of the riparian buffer zone are: to protect public and private water supplies, to trap sediment and other pollutants in surface runoff, to promote bank stabilization, to protect riparian wetlands, to minimize the impact of floods, to prevent decreases in base flow, to protect wildlife habitat, and to generally maintain water quality.
ROADWAY. That portion of a right-of-way available for vehicular travel, including parking lanes.
SATELLITE DISH. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, or horn. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, and satellite microwave antennas.
SCHOOL. See EDUCATIONAL INSTITUTION.
SEATING CAPACITY or MAXIMUM SEATING CAPACITY. The MAXIMUM SEATING CAPACITY of the building as determined by the Ohio Building Code.
SELF STORAGE FACILITY. A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-storage of personal property.
SERVICE STRUCTURE. Includes, but is not limited to, loading docks, propane tanks, dumpsters, electrical transformers, utility vaults which extend above the ground or are located on a building, ground mounted utility equipment, and electrical and other equipment or elements providing service to a building or a site.
SETBACK. The required minimum horizontal distance between the building line and the related front, side or rear property line.
Figure 600-6: Measurement of front yard setback
SEXUALLY ORIENTED BUSINESSES. Chapter 120 of the Springdale Code of Ordinances defines and regulates the location of SEXUALLY ORIENTED BUSINESSES. For the purpose of this chapter, SEXUALLY ORIENTED BUSINESSES shall include but not be limited to the following: adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, massage parlor, nude model studio, and sexual encounter establishments.
SHALL. Imposes a mandatory requirement or restriction.
SHOPPING CENTER. A grouping of stores and/or shops primarily retail and service uses, together with the space for parking, circulation, and services designed and developed as a unit typically with shared access points, parking, and signage.
SHOULD. Expresses that the application of such factors, standard, or course of conduct is desired and essential unless commensurate factors or standards are permitted or achieved.
SHOWROOMS. A room used for the display of goods or merchandise. To be used as a place to view rather than buy merchandise.
SIGN. A sign is any display, figure, drawing, painting, placard, poster or other device placed or designed to be visible from a public right-of-way or adjoining property which is designed, intended or used to convey a message, advertise, inform, or direct attention to a person, institution, organization, activity, place, object or product.
SIGN, AWNING. A sign painted on or attached to, or supported by an awning in any manner.
SIGN, BUILDING PROJECT. A sign which directs attention to the promotion, development, and construction of the property on which it is located and which identifies the architects, engineers, contractors, banks, and other individuals or firms involved with the construction.
SIGN, CABINET. A sign that is printed on a plastic, acrylic, or similar material face that is mounted on a box or cabinet that houses the lighting source and equipment.
SIGN, CAMPAIGN. A sign expressing an opinion or advocating action on any non-commercial issue or a sign identifying a candidate(s) for public office.
SIGN, CANOPY. A sign attached to the soffit or fascia of a canopy, of a covered entrance or walkway, or to permanent awning or marquee. See SIGN, PROJECTING.
SIGN, CHANNEL CUT LETTERS. Individual internally illuminated letters, numbers, or graphics that are surface mounted and may use a variety of light sources.
SIGN, DIRECTIONAL. A sign indicating the direction to which attention is called for purposes of aiding vehicular or pedestrian traffic on the lot on which the sign is located.
SIGN, ELECTRONIC. A sign which displays a text message or graphic image by illuminating a matrix of light emitting diodes (LED) in a programmed pattern to illustrate text or a graphic image.
SIGN, GROSS AREA. The entire area including all of the surfaces placed or designed to be visible from a public right-of-way, and measured as the area enclosed by the closest shaped rectangle which completely encloses the sign face, the sides of which make contact with the extreme point or edges of the sign, excluding the supporting structure if such structure does not form a part of the advertisement of the sign proper. The area of a sign composed of characters or words, if such characters or words stand-alone without framing or additional backdrop, which is attached directly to a large, uniform building wall surface, shall be the smallest rectangle which encloses the entire group of characters or words.
SIGN, GROUND. A sign supported by direct contact with the ground, a permanent base, or rests upon one or more posts or supports and does not exceed eight feet in height.
SIGN, HEIGHT. The height of a ground sign shall be determined by measuring the vertical distance between the top part of the sign to the elevation of the ground beneath the sign at the point of the sign located the closest to the public right-of-way and prior to construction, excluding any additional elevation added by the creating of berming or mounding.
SIGN, INFORMATIONAL. A sign which is designed to give general information to the public concerning the location of places for lodging or eating, vehicle service, natural phenomenon, weather, time, historic sites, areas of natural scenic beauty or outdoor recreational facilities and similar information.
SIGN, NAMEPLATE/IDENTIFICATION. A sign indicating the name, address, or profession of the person or persons occupying a lot or building or any portions thereof.
SIGN, OUTDOOR ADVERTISING DEVICE. Any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or any other contrivance designed, intended, or used to advertise or to give information in the nature of advertising, or any part thereof, the advertising or informative contents of which are visible from the main traveled way of any highway on the interstate system or primary system in this state.
SIGN, POLE. A sign, usually double-faced, that is supported by one or more supports placed in or upon the ground surface and not attached to any building. Such sign may also be commonly known as a pylon or monolith sign and may be the same width from top to bottom.
SIGN, PROJECTING. A sign, other than a wall sign, erected on the outside wall of a building and which projects out at an angle therefrom.
SIGN, REAL ESTATE. A sign advertising the sale, rental, or lease of the premises or part of the premises on which the sign is displayed.
SIGN, TEMPORARY. A sign or searchlight of any type, including banners and pennants, and inflatable objects to announce special events or sales, to announce the sale, lease, or rental of property, and designed for use for a limited period of time.
SIGN, TRAILER OR MOBILE. A sign commonly attached to a trailer, or similar device, and mobile, with or without illumination.
SIGN, TRANSPORTABLE. A temporary sign that is movable when mounted on a chassis, truck bed, or trailer, which may be illuminated, that may display a changeable message face on one side.
SIGN, WALL OR PANEL. A sign integral with the exterior face of an exterior wall of a building, or attached to the wall or parallel with the wall and projecting not more than 18 inches therefrom.
SIGN, WINDOW. 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.
SKILLED NURSING FACILITY. A facility that offers short and long-term care for individuals who need rehabilitation services or who suffer from serious to persistent health issues. Certificates of need are issued by the State of Ohio for bed units. Skilled nursing facilities do not include facilities providing surgical or emergency medical services, substance abuse programs, or mental health facilities.
SMALL CELL FACILITY. Small cell facilities are between 20 and 30 feet in height, including distributed antenna systems (DAS) and small cell sites, communication nodes, antennas, fiber optic cables, radio transceivers, and any additional equipment associated with transmission, which are typically used to supplement the service of larger communication towers and reduce the need for additional larger communication towers.
SMALL WIND ENERGY TURBINES (SWETs). A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics. SWETs shall have a rated capacity of not more than 100 Kilowatts, be intended primarily to produce energy for on-site power consumption and reduce the need to purchase utility power from the grid, and have the ability to sell power back to the grid.
SOLAR FARM. A utility-scale commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or various experimental solar technologies, for the primary purpose of wholesale or retail sales of generated electricity.
SOLAR PANEL. Panels installed on a building or on a lot to allow for the conversion of solar energy to electrical current.
STACKING SPACE. A space specifically designed and designated as a waiting area for vehicles patronizing a drive-through facility or service bay.
STAFF. Person employed by the City of Springdale including consulting professionals and agents of the city.
STANDARD. A test, measure, model, or example of quantity, extent, or quality.
STORY. That portion of a building, other than a basement as defined herein, included between the finished floor and the finished floor next above, or, if no floor above, the space between the floor and the ceiling next above.
STREET, ALLEY. A narrow roadway intended to provide access to the rear or sides of lots or buildings and not intended for through traffic.
STREET, ARTERIAL. Shall be as defined and as designated on the adopted Thoroughfare Plan of the city.
STREET, COLLECTOR. Shall be as defined and as designated on the adopted Thoroughfare Plan of the city.
STREET, LOCAL. Shall be as defined and as designated on the adopted Thoroughfare Plan of the city.
STREET, MAJOR ARTERIAL. Shall be as defined and as designated on the adopted Thoroughfare Plan of the city.
STREET, PRIVATE. A street held in private ownership or one that has not been accepted by the City of Springdale.
STREET, PUBLIC. A public way for purposes of vehicular travel, including the entire area within the rights-of-way.
STREET, SECONDARY ARTERIAL. Shall be as defined and as designated on the adopted Thoroughfare Plan of the city.
STRUCTURE. Anything constructed or erected for use with location on, within, or attachment to the ground for purposes as regulated by this code.
STRUCTURE, ACCESSORY. A subordinate structure detached from the main building on the same lot or on an adjacent lot of common ownership, the use of which is incidental and accessory to that of the main building. For the purpose of this code, detached structure shall mean that the accessory structure does not share a common wall or foundation with the principal building or structure.
STRUCTURE, PRINCIPAL. The primary structure located on the lot.
STRUCTURE, STORAGE. See STRUCTURE, ACCESSORY.
STRUCTURE, TEMPORARY. A structure without a foundation or footing, to be removed upon the expiration of the permitting time frame.
STUDIO, COMMERCIAL. A building, or portion thereof, that is used or intended to be used for nonacademic group instructional purposes for a fee, which includes but is not limited to arts, crafts, dance, and computer instruction.
SWIMMING POOL. An open tank or structure either above or below ground designed to contain a depth of at least 24 inches of water at any point, including the lounging and spectator areas and any accessory buildings, structures or equipment. Detention or retention ponds shall not be considered a swimming pool.
TAPROOM. A place in which alcoholic drinks are available and are generally served on tap.
TATTOO PARLOR. Any permanent premises, business, location, or facility where tattooing occurs.
TEMPORARY OCCUPANT. An activity or use that is conducted for a fixed, limited duration with the intent to discontinue the activity upon the expiration of the fixed time period. Temporary occupants shall not operate for longer than 90 days.
THEATER, MOVIE THEATER, OR INDOOR THEATER. A building in which movies are screened before a live audience, or in which dramatic performances are carried out.
THOROUGHFARE PLAN. The City of Springdale Thoroughfare Plan.
TRAILER. Any vehicle without motor power designed or used for carrying property or persons wholly on its own structure and for being drawn by a motor vehicle, and includes any such vehicle when formed by or operated as a combination of a semitrailer and a vehicle of the dolly type such as that commonly known as a trailer dolly, and a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at a speed greater than 25 miles per hour, except a house trailer and travel trailer.
USE. Any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained, or occupied; or any activity conducted in a building, other structure or on the land.
USE, ACCESSORY. A use located on the same zoning lot with the main building, other structure, or land, which is subordinate and related to that of the main building or main use.
USE, COMMERCIAL. Any activity or business involving the sale of goods or services carried out for profit.
USE, CONDITIONAL. A use which is permitted in a district only if a conditional use permit is therefore expressly authorized by the Planning Commission in accordance with § 153.204: Conditional Use Permits.
USE, INDUSTRIAL. Any activity or business involving the manual, mechanical or chemical transformation into new products including the assembling of component parts.
USE, INSTITUTIONAL. Institutional means any non-profit, religious, or public use such as a church, public or private school, hospital, or government owned and operated building.
USE, PERSONAL SERVICES. Activities conducted in an office, store or other place of business catering to the personal needs of a customer such as, but not limited to, those activities normally conducted by a barber, beautician, tailor, or dressmaker.
USE, PRINCIPAL. A use which is permitted as of right in a district for which a zoning certificate shall be issued by the Building Official, provided that the applicant meets the applicable requirements of this code.
USE, TEMPORARY. A use permitted for a period of time specified per this code.
VACANT, LAND OR BUILDING. A building that has been abandoned or is not occupied by its owner or lessee or a lot without a building or structure.
VARIANCE. The administrative relief provided by the Board of Zoning Appeals from the strict terms of the relevant regulations.
VEHICLE. Everything on wheels or runners, including motorized bicycles, but does not mean vehicles operated exclusively on rails or tracks or from overhead electric trolley wires and vehicles belonging to any police department, municipal fire department, or volunteer fire department or used by such department in the discharge of its functions.
VEHICLE, COMMERCIAL. A vehicle which displays any commercial activity and which use is primarily for commercial purposes.
VEHICLE, RECREATIONAL. A vehicular portable structure designed and constructed to be primarily used as a temporary dwelling for travel, recreational, and vacation uses including but not limited to the following:
(1) MOTOR HOME. A self-propelled recreational vehicle constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.
(2) TRAVEL TRAILER. A non-self-propelled recreational vehicle measured exclusive of bumper and tongue or coupling, and including tent type fold out camping trailer.
(3) TRUCK CAMPER. A non-self-propelled recreational vehicle, without wheels for road use, and designed to be placed upon and attached to a motor vehicle. TRUCK CAMPER does not include truck covers which consist of walls and roof but do not have floors and facilities for using same as a dwelling.
VEHICLE STORAGE YARD. Fleet storage or other inactive vehicle storage which is not accessible to vehicular traffic of the general public.
VEHICULAR USE AREA. All areas subject to vehicular traffic including parking lots, accessways, loading areas and service areas.
VENDING MACHINE, OUTDOOR. A self-service container, structure, storage unit or other device for dispensing consumable food products and goods. This definition excludes news racks of publications and printed material.
WALLS. A vertical structure of a linear nature that is a barrier and is used as a boundary, as a means of protection or confinement or as a buffer, which is made of manufactured materials, such as but not limited to wood or stone material.
WAREHOUSING. The indoor storage and wholesale of goods, materials, or merchandise for shipment to or processing on other property, and for sale to retailers and jobbers rather than consumers. See Table 253-1: Non-Residential Permitted Uses and Table 302-2: Number of Off-Street Parking Space Requirements.
WASTE CONTAINER UNIT OR WASTE COLLECTION UNIT. A container having a capacity of at least one cubic yard used for the temporary storage of rubbish or materials to be disposed, recycled or donated pending collection.
WHOLESALING AND DISTRIBUTION. A facility for storage and wholesale distribution of merchandise and bulk goods and non-retail store sales, including electronic shopping, mail-order houses and other direct-selling establishments. This use classification excludes retail sale of goods at discount prices for individual consumption.
YARD. That portion of the open area on a lot extending between a building and the nearest lot line.
YARD, FRONT. The yard extending from the front wall of the main building to the front lot line across the full width of the lot. For the purposes of these regulations, any yard abutting a street shall be considered a FRONT YARD.
YARD, REAR. The yard extending from the rear wall of the main building to the rear lot line across the full width of the lot.
YARD, SIDE. The yard extending between a side lot line and the nearest wall of the main building, and from the front yard to the rear yard; however, for a corner lot the side yard extends from the front yard to the rear lot line along the side street and shall be considered as a second front yard for the purposes of these regulations.
Figure 600-7: Typical yard locations on an interior lot and corner lot
ZONING CERTIFICATE. A document issued by the Building Official authorizing buildings, structures or uses which are consistent with the terms of this zoning code and for the purpose of carrying out and enforcing its provisions.
(Ord. 4-2016, passed 3-2-16; Am. Ord. 33-2016, passed 11-16-16; Am. Ord. 6-2017, passed 2-15-17; Am. Ord. 36-2017, passed 9-20-17; Am. Ord. 39-2017, passed 10-4-17; Am. Ord. 24-2019, passed 9-4-19; Am. Ord. 04-2020, passed 1-15-20)