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ARTICLE 2: DEFINITIONS Section 2.01 Rules. For the purpose of this Ordinance the following rules shall apply: A. Words and numbers used singularly shall include the plural. Words and numbers used plurally shall include the singular. Words used in the present tense shall include the future. B. The word "persons" includes a corporation, members of a partnership or other business organization, a committee, board, trustee, receiver, agent or other representative. C. The word "shall" is mandatory. D. The words "use," "used," "occupy," or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed," to be used or occupied. E. The word "Commission" shall refer to the Planning and Zoning Commission of Springfield, Nebraska. F. The word "City" shall refer to the City of Springfield, Nebraska. Section 2.02 Definitions. (Ord 682) (Ord 684) Abattoir shall mean a place where cattle, sheep, hogs or other animals are killed or butchered for market or for sale; provided, however, that this shall not be taken to mean or include poultry. Also known as slaughterhouse. Abut shall mean as follows: Two adjoining parcels of property, with a common property line, are herein considered as one parcel abutting the other. Except where two or more lots adjoin only at the corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures not less than 10 feet in a single direction. Access or Access Way shall mean the place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use, as required by this Ordinance. SPRINGFIELD, NEBRASKA ZONING ORDINANCE SEPTEMBER 1998 2-1

Transcript of ARTICLE 2: DEFINITIONSspringfieldne.org/yahoo_site_admin/assets/docs/Article_…  · Web viewThe...

Page 1: ARTICLE 2: DEFINITIONSspringfieldne.org/yahoo_site_admin/assets/docs/Article_…  · Web viewThe word "City" shall refer to the City of Springfield, Nebraska. Section 2.02 Definitions.

ARTICLE 2: DEFINITIONS

Section 2.01 Rules.

For the purpose of this Ordinance the following rules shall apply:

A. Words and numbers used singularly shall include the plural. Words and numbers used plurally shall include the singular. Words used in the present tense shall include the future.

B. The word "persons" includes a corporation, members of a partnership or other business organization, a committee, board, trustee, receiver, agent or other representative.

C. The word "shall" is mandatory.

D. The words "use," "used," "occupy," or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed," to be used or occupied.

E. The word "Commission" shall refer to the Planning and Zoning Commission of Springfield, Nebraska.

F. The word "City" shall refer to the City of Springfield, Nebraska.

Section 2.02 Definitions. (Ord 682) (Ord 684)

Abattoir shall mean a place where cattle, sheep, hogs or other animals are killed or butchered for market or for sale; provided, however, that this shall not be taken to mean or include poultry. Also known as slaughterhouse.

Abut shall mean as follows: Two adjoining parcels of property, with a common property line, are herein considered as one parcel abutting the other. Except where two or more lots adjoin only at the corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures not less than 10 feet in a single direction.

Access or Access Way shall mean the place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use, as required by this Ordinance.

Accessory Building shall mean a building, part of a building or structure, which is subordinate to, and the use of which, is incidental to that of the main building, structure or use on the same lot.

Accessory Living Quarters shall mean living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises; such quarters having no kitchen facilities, and not rented or otherwise used as a separate dwelling unit. See definition of "Accessory Building."

Acre shall mean a full acre containing 43,560 square feet of area within the property lines of a lot or parcel.

Acreage shall mean any tract or parcel of land which has not been subdivided or platted.

Adjacent shall mean near, close, or abutting; i.e., an Industrial District across the street or highway shall be considered as "Adjacent."

SPRINGFIELD, NEBRASKA ZONING ORDINANCE SEPTEMBER 1998 2-1

Page 2: ARTICLE 2: DEFINITIONSspringfieldne.org/yahoo_site_admin/assets/docs/Article_…  · Web viewThe word "City" shall refer to the City of Springfield, Nebraska. Section 2.02 Definitions.

Advertising Structure shall mean any notice or advertisement, pictorial or otherwise, and all such structures used as any outdoor display, regardless of size and shape, for the purposes of making anything known, the origin or place of sale, or which is not on the property with such Advertising Structure.

Agriculture shall mean the use of land for the purpose of obtaining a profit by raising, harvesting, and selling crops or by the feeding, breeding, management, and sale of, or the production of livestock, poultry, fur-bearing animals, or honeybees, or for dairying and any other agricultural or horticultural use.

Aircraft shall mean any contrivance, now known or hereafter invented, for use or designed for navigation of or flight in the air or outer space, including missiles.

Airport shall mean any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport building or facilities, including open spaces, taxiways, and tie-down areas.

Alley shall mean a minor public service street or public thoroughfare 20 feet or less in width, through a block of lots primarily for vehicular street access to the rear or side of properties otherwise abutting on another street. Buildings facing an alley shall not be construed as satisfying the requirements of this Ordinance related to frontage on a dedicated street.

Animal Hospital shall mean a place where animals or pets are given medical or surgical treatment, and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding, and shall be only incidental to such hospital use.

Antenna, Satellite Dish shall mean Satellite Dish Antennas or Satellite Earth Stations erected to receive television signals from satellites.

Apartment shall mean a room or suites of rooms in a multi-family dwelling, or where more than one living unit is established above nonresidential uses, intended or designed for use as a residence by a single family, including culinary accommodations.

Apartment House see "Dwelling, Multi-Family."

Applicant shall be the title holder of record, his agent, or a person holding a notarized letter authorizing the person to represent the legal owner of the property.

Auction shall mean the sale of goods to the final buyer/consumer through a bidding process. (Ord. 590)

Auction Facility shall mean an indoor, fully enclosed facility with the primary purpose of holding the auction of various goods not to include livestock. See also “Sale Barn.” (Ord. 590)

Automobile and Trailer Sales Area shall mean an open area, other than a public street, alley, or other public way or open space, used for the display and/or sales of new or used automobiles or trailers, and where no repair work is done, except for minor repair of automobiles or trailers to be displayed and/or sold on the premises.

Automobile Repair, Major shall mean the general repair, rebuilding or reconditioning of engines, motor vehicles, or trailers; collision services including body, frame or fender straightening or repair; overall painting or paint shop and vehicle steam cleaning.

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Automobile Repair, Minor shall mean incidental body or fender work, or other minor repairs, painting and upholstering, replacement of parts and motor service to passenger cars and trucks, not exceeding one and one-half (1 1/2) ton capacity, but not including any operation named under "Automobile Repair, Major," or any other similar use thereto.

Automobile Trailer or Mobile Home see "Dwelling, Mobile Home."

Automobile Wash Facility shall mean a building, or portion thereof, containing facilities for the primary purpose of washing automobiles; using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand-washing of such automobiles, whether by operator or by customer.

Automobile Wrecking and Salvage Yard shall mean a lot, plot, parcel of land, or portion thereof, where three (3) or more motor vehicles, not in operating condition, are dismantled or wrecked, or are stored or kept for the sale of parts and equipment, resulting from such dismantling or wrecking. Such motor vehicles may include, but are not limited to; automobiles, tractors, and farm machinery.

Basement shall mean that portion of a building between the floor and ceiling which has more than one-half (1/2) its height below established grade. A floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story. A basement shall not be counted as a story for the purpose of height regulation.

Bed and Breakfast A bed and breakfast establishment shall mean any place of lodging that provides rented rooms to ten or fewer people that is the personal residence of the owner, that is occupied by the owner at the time of rental, and in which the only meal served to renters is breakfast. (Neb. RS 81-2,242) (Ord 732)

Billboard As used in this Ordinance, shall mean any structure or portion thereof, situated on private premises, on which lettered, figured or pictorial matter is displayed for advertising purposes, except the name and occupation of the user of the premises, the nature of the business conducted on the premises, or the products primarily sold or manufactured on the premises, and having an area of 100 square feet or more. Any signboard carrying a message accepted in this definition which also carries extraneous advertising of 100 square feet or more, shall be considered a billboard.

This definition shall not include any board, sign, or surface used to display any official notices issued by a court of public duty, or bulletin boards used to display announcement of meetings to be held on the premises on which such bulletin boards are located, nor shall it include a real estate sign advertising for sale or rent, the property upon which it stands when such sign does not exceed 50 square feet. (See Section 7)

Block shall mean a parcel of land platted into lots and bounded by public streets or by waterways, rights-of-way, unplatted land, Village or County boundaries, or adjoining property lines.

Block Frontage shall mean all property fronting one (1) side of a street between a street and right-of-way, waterway, or between intersecting or intercepting streets, the end of a dead-end street, or Village or County boundary measured along a street line.

Boarding House / Bed and Breakfast shall mean a building other than a hotel or a motel, where, for compensation and by prearrangement for definite periods, meals, lodging, or lodging and meals, are provided. This includes bed and breakfast facilities and tourist homes accommodating not more than twenty persons.

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Borrow Pit shall mean any place or premises where dirt, soil, sand, gravel, or other material, is removed by excavation or otherwise, below the grade of surrounding land for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises. Also known as ditch.

Breezeway shall mean a roofed passageway, open on at least two (2) sides, where the roof is structurally integrated with the structure of the main building. Building shall mean any structure constructed or intended for residence, business, industry for either public or private purposes, or accessory thereto, and including tents, lunch wagons, dining cars, house trailers, and similar structures whether stationary or movable.

Building, Area of shall mean the sum in square feet of the ground areas occupied by all buildings and structures on a lot.

Building, Height of shall mean the vertical distance measured from the average elevation of the finished grade at the front of the building, to the highest point of the structure, exclusive of chimneys, spires, towers, elevator penthouses, tanks, and similar projections, other than signs.

Building, Principal shall mean a building, including covered porches and paved patios, in which is conducted the principal use of the lot on which it is situated. In any residence district any dwelling shall be deemed to be the principal building on the lot on which the same is situated.

Building, Temporary see "Structure, Temporary."

Building Setback Line shall mean a line established, in general, by plat or elsewhere in this Ordinance, parallel to the front street line between which no building or portion thereof shall project except as otherwise provided in this Ordinance.

Building Site shall mean the ground area of a building, together with all open space, as required by this Ordinance.

Business see "Commerce."

Camp, Public shall mean any area or tract of land used or designed to accommodate two (2) or more camping parties, including tents, or shall mean other camping outfits, but not including trailer parks. Such camp may be publicly or privately owned and operated.

Campsite shall mean a parcel of land occupied or intended for occupancy by only one (1) of the following: tent, tent trailer, pickup camper or camping trailer.

Carport shall mean a permanent roofed structure, attached to the principal building, with not more than two (2) enclosed sides, used or intended to be used for automobile shelter and storage of the occupants of the premises. A carport shall not be construed to be a porch.

Cellar shall mean that portion of a building having more than one-half (½) of its height below grade. A cellar is not included in computing the number of stories for purpose of height measurement.

Cemetery shall mean land used or intended to be used for the disposal and interment of the remains of deceased persons, and dedicated for such purposes as columbariums, mausoleums, and crematoriums.

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Center Line see "Street Center Line."

Channel shall mean the geographical area within the natural or artificial banks of a watercourse required to convey continuously or intermittently flowing water.

Child Care Center shall mean an establishment other than a public or parochial school, which provides day care, play groups, nursery schools or education for nine (9) children under age 13, at any one time, from families other than that of the provider. In addition to these regulations, Child Care Centers shall meet all requirements of the State of Nebraska.

Child Care Home shall mean an operation in the provider's place of residence which serves at least four (4), but not more than eight (8) children at any one time, from families other than that of the provider. A Family Child Care Home I provider may be approved to serve no more than two (2) additional school-age children during non-school hours. In addition to these regulations, Child Care Homes shall meet all requirements of the State of Nebraska.

Church shall mean a permanently located building commonly used for religious worship, fully enclosed with walls (including windows and doors), having a roof, and conforming to applicable legal requirements.

Civic Use Types shall mean use types included in the performance of utility, educational, recreational, cultural, medical, protective, governmental, and other uses which are strongly vested with public or social importance. They also include certain uses accessory to the above.

Clinic, Medical or Dental shall mean a building in which a group of physicians, dentists, or allied professional assistants are associated for the purpose of carrying out their profession. The clinic may include a medical or dental laboratory. It shall not include in-patient care or operating rooms for major surgery.

Club, Private shall consist of buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit which inures to any individual and not primarily to render a service which is customarily carried on as a business.

College shall mean an educational institution offering advanced instruction in any academic field, beyond the secondary level, not including trade schools or businesses colleges.

Columbarium shall mean a structure of vaults lined with recesses for the placement of cinerary urns.

Commerce shall mean the purchase, sale or other transaction involving the handling or disposition (other than that included in the term "industry," as defined herein) of any article, substance or commodity for profit or a livelihood, including in addition, operation of tourist courts and motels, public garages, office buildings, offices of doctors and other professionals, outdoor advertising signs and structures, public stables, recreational and amusement enterprises conducted for profit, shops for the sale of personal services, places where commodities or services are sold or are offered for sale, either by direct handling or by agreements to furnish them, but not including dumps and junk yards.

Commercial Office shall mean any administrative or clerical office maintained as a business, and any office established by a public service over which this Ordinance has jurisdiction.

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Commission shall mean the Planning and Zoning Commission of the City of Springfield, unless the context clearly indicates otherwise.

Common Area / Property shall mean a parcel(s) of land, together with the improvements thereon, the use and equipment of which are shared by the owners of the individual building sites in a Planned Development or Condominium Development.

Communication Equipment Building shall mean building(s) housing electrical and mechanical equipment necessary for the conduct of a public communications business, with or without necessary personnel.

Conditional Use Permit shall mean a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to design, number, area, location or relation to the neighborhood, could contribute to the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning district if specific provision for such special exception is made in this Ordinance, and prohibited in other districts, unless amended in the future.

Condominium An ownership regime whereby the title to each unit of occupancy is held in separate ownership, and the real estate on which the units are located is held in common ownership solely by the owners of the units, with each owner having an undivided interest in the common real estate. Condominiums may include residential, commercial, office, or industrial uses. Condominiums are subject to the Nebraska State Statutes, Section 76-801 through 76-823, the Condominium Law. (Ord 573)

Contiguous see "Abut."

Convalescent Home see "Rest Home."

Corner Cut-off shall mean the provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways.

Court shall mean a space, open and unobstructed to the sky, located at or above grade level on a lot, and bounded on three (3) or more sides by walls of a building.

Court, Enclosed shall mean a court surrounded on all sides by exterior walls of a building and lot lines, on which fences, hedges, or walls are permitted.

Court, Inner shall mean a court enclosed on all sides by the exterior walls of a building or buildings.

Court, Outer shall mean a court enclosed on all but one (1) side by exterior walls of building or buildings, or lot lines, on which fences, hedges, or walls are permitted.

Court Apartment shall mean a group of dwellings arranged about three (3) or more sides of a court, on a lot which opens to a dedicated street.

Coverage shall mean the percentage of the lot covered by buildings and structures.

Crematorium shall mean a structure containing a furnace used for the cremating of the dead, above ground

Cul-de-Sac Lot see "Lot, Cul-de-Sac."

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Day shall mean calendar day.

Day Nursery / Child Care Nursery shall mean any group of buildings, building, or portion thereof, used primarily for the daytime care of children, with or without compensation.

District shall mean a section or sections of the City of Springfield, Nebraska for which the regulations governing the use of land, height of buildings, and area of buildings and premises are uniform.

Dormitory shall mean a building intended or used principally for sleeping accommodations [sic], where such building is related to an educational or public institution, including religious institutions, and fraternities and sororities.

Drainage Way shall mean any depression two (2) feet or more below the surrounding land, serving to give direction to a current of water less than nine (9) months of the year, having a bed and well-defined banks; provided, that in the event of doubt as to whether a depression is a watercourse or drainway, it shall be presumed to be a watercourse.

Drive-in Establishment shall mean a place of business being operated for the retail sale of food and other goods, services, or entertainment. It is designed to allow its patrons to be served or accommodated while remaining in their automobiles or allows the consumption of any food or non-alcoholic beverage outside any completely enclosed structures. If, in addition to the consumption of food or non-alcoholic beverages in automobiles or elsewhere on the premises outside any completely enclosed structure, an establishment also allows for the consumption of such products within a completely enclosed structure, it shall be considered a drive-in establishment. The term "drive-in establishment" shall include, but is not limited to automobile service stations, auto laundries, drive-in restaurants, diners, grills, luncheonettes, sandwich stands, snack shops, soda fountains or short order cafes, banks, and drive-in theaters.

Driveway shall mean any vehicular access to an off-street parking or loading facility.

Drug Store shall mean a retail store engaged in the sale of prescription drugs and patent medicines, carrying related items such as cosmetics and toiletries, and such unrelated items as tobacco and novelty merchandise. Such use may also include a soda fountain or lunch counter.

Dump shall mean a place used for the disposal, abandonment, discarding by burial, incineration, or by any other means, of any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals. Such use shall not involve any industrial or commercial process.

Duplex see "Dwelling, Two Family."

Dwelling shall mean a building, or portion thereof, that contains not more than two (2) dwelling units, designed and used exclusively for residential occupancy and permitted home occupations.

Dwelling, Attached shall mean one which is joined to another dwelling unit at one (1) or more sides by a party wall or walls. Generally, such units are intended for individual ownership.

Dwelling, Cooperative shall mean a multi-family dwelling whereby the fee title to each dwelling unit is held jointly by the owners of all the dwelling units, and which the majority of units are owner-occupied.

Dwelling, Detached shall mean one which is entirely surrounded by open space on the same lot.

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Dwelling, Duplex or Two-family "Duplex dwelling," "Duplex," or "Two-family dwelling," shall mean a detached building designed to, or constructed to, contain two (2) families residing in individual dwelling units independently of one another, and shall include duplex condominium dwellings wherein the fee title to each dwelling unit is held independently of the other.

Dwelling, Manufactured Home (Ord 585) A factory built single-family dwelling, structure which is to be used as a place for human habitation, which is manufactured or constructed under the authority of 42 U.S. 3. Sec. 5403, Federal Manufactured Home Construction and Safety Standards promulgated by the US Department of Housing and Urban Development, and which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site; does not have permanently attached to its body or frame any wheels or axles, and which complies with the following architectural and aesthetic standards listed below. For the purpose of any of these regulations, manufactured homes shall be considered the same as a single-family detached dwelling. In common with single-family detached dwellings, a manufactured home dwelling unit shall have the following characteristics:

(a) The home shall have at least 1,000 square feet of floor area;

(b) The home shall have an exterior width of at least 18 feet;

(c) The roof shall be pitched with a minimum vertical rise of 2.5 inches for each 12 inches of horizontal run;

(d) The exterior material is of a color, material, and scale comparable with those existing in the residential site on which the manufactured home dwelling is being permanently installed;

(e) The home shall have a nonreflective roof material which is, or simulates, asphalt or wood shingles, tile, or rock;

(f) Permanent utility connections shall be installed in accordance with local regulations;

(g) The home shall have all wheels, axles, transporting lights, and towing apparatus removed; and

(h) The home shall be installed upon a permanent foundation that is constructed and built in accordance with local regulations.

Dwelling, Mobile Home shall mean any prefabricated structure, composed of one or more parts, used for living and sleeping purposes, shipped or moved in essentially a complete condition and mounted on wheels, skids or rollers, jacks, blocks, horses, skirting or a permanent or temporary foundation, or any prefabricated structure which has been or reasonably can be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term mobile home shall include trailer home and camp car, but the definition shall not apply to any vehicle lawfully operated upon fixed rails.

1. Permanently Attached: Attached to real estate in such a way as to require dismantling, cutting away, unbolting from permanent continuous foundation or structural change in such mobile home in order to relocate it on another site.

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2. Permanent Foundation: Based on which building rests to be constructed from either poured concrete or laid masonry block or brick on a footing to be placed a minimum of 42" below the final ground level.

Dwelling, Modular (Is considered a conventional type single-family dwelling) shall mean any prefabricated structure, used for dwelling purposes moved on to a site in essentially complete constructed condition, in one or more parts; and when completed, is a single-family unit on a permanent foundation, attached to the foundation with permanent connections. To be a modular home it shall meet or be equivalent to the construction criteria as defined by the Nebraska State Department of Health under the authority granted by Section 17-1555 through 17-1567 Revised Statutes of Nebraska 1943, 2nd any amendments thereto, that do not meet the above criteria shall be considered a mobile home.

Dwelling, Multiple-Family shall mean a building or portion thereof, containing three (3) or more dwelling units.

Dwelling, Single-Family shall mean a building having accommodations for or occupied exclusively by one family, excluding mobile homes but including manufactured homes which meet all of the following standards:

1. The home shall be placed on a permanent foundation and have wheels, axles, transporting lights, and removable towing apparatus removed, and;

2. The home shall meet and maintain the same standards that are uniformly applied to all single-family dwellings in the zoning district.

Dwelling, Townhouse or Townhome see Townhouse. (Ord. 573)

Dwelling, Two-Family is a building containing two (2) dwelling units.

Dwelling Unit shall consist of one or more rooms which are arranged, designed or used as separate living quarters by a single family, or other group of persons living together as a household or a person living alone. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included for each "dwelling unit."

Dwelling Unit, Efficiency shall mean a dwelling unit containing only one (1) habitable room.

Easement shall mean a portion or strip of land which is part of a lot, parcel, or tract which has been reserved or dedicated for specific use for access of person, utilities, or services.

Educational Institutions shall mean public and other nonprofit institutions conducting regular academic instruction at pre-school, kindergarten, elementary, secondary, and collegiate levels, and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either (a) offer general academic instruction equivalent to the standards prescribed by the State Board of Education, or (b) confer degrees as a college or university of undergraduate or graduate standing, or (c) conduct research, or (d) give religious instruction. This definition neither includes schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or private trade schools.

Electric Distribution Substation shall mean an electric substation with a primary voltage of less than 161 KV, without distribution circuits served therefrom.

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Electric Transmission Substation shall mean an electric substation with a primary voltage of more than 161 KV, without distribution circuits served therefrom.

Eleemosynary Use shall mean a use exclusively devoted to, and supported by, a charity.

Encroachment shall mean an advancement or intrusion beyond the lines or limits as designated and established by these regulations, and to infringe or trespass into or upon the possession or rights of others, without permission.

Family shall mean one (1) or more persons occupying a single dwelling unit, provided, that all members are related by blood, marriage, or adoption, and living as a single housekeeping unit. A family may include, in addition, not more than three people who are unrelated, but provided further that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.

Farm shall mean any parcel of land containing at least ten (10) acres, which is used for raising agricultural crops, livestock, poultry, or dairy products.

Farming shall mean the growing of farm products such as grain, and their storage, as well as the raising of farm poultry and farm animals. Farming shall not include the operation of a commercial feedlot.

Feedlot or Feed Yard, Commercial shall mean a place where the principal business is the feeding of one hundred or more head of livestock and such feeding is not done as a subordinate activity to the production of crops on the premises of which the feedlot is a part. All such operations shall be conducted in conformance with all applicable state and federal regulations.

Fence shall mean any structural device forming a physical barrier which is so constructed that not less than 50% of the vertical surface is open to permit the transmission of light, air, and vision through said surface in a horizontal plane. (For board or other solid barriers, see "Wall.")

Filling Station see "Service Station."

Fishery shall mean any premises upon which breeding, hatching, or fish rearing facilities are situated when such premises are required to have a license by the State Fish and Game Commission, including ponds for commercial use.

Flood shall mean the water of any watercourse or drainway which is above the bank or outside the channel and banks of such watercourse or drainway.

Floodplain shall mean that area of land adjoining a watercourse or other body of water which has been or may be hereafter be covered by floodwater, and which has been designated by the Nebraska Natural Resources Commission, Nebraska Department of Water Resources, or the Federal Emergency Management Agency.

Floodway shall mean the channel of the stream or body of water and those portions of the adjoining floodplains designated by the Nebraska Natural Resources Commission, Nebraska Department of Water Resources or the Federal Emergency Management Agency as necessary to carry and discharge the floodwater flow of any such river, stream, or other body of water.

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Flood Proofing shall mean a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, intended primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.

Floor Area shall mean the total number of square feet of floor space within the exterior walls of a building, not including storage space in cellar or basements and not including space used for the parking of automobiles.

Fraternity House shall mean a building or structure housing a group of men associated for their common interest. Such group may eat, sleep and otherwise use such facilities as are provided on the premise.

Frontage shall mean all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the property line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

Frontage Street, Service Road, or Outer Highway shall mean those roads which parallel inter-regional or regional or other important highways, providing for access to abutting property or for circulation, and being separated from the highway by a dividing strip.

Garage shall mean a building, or portion thereof, in which a motor vehicle containing flammable or combustible liquids or gas in its tank is stored, repaired or kept.

Garage, Private shall mean a detached accessory building, or portion of a main building on the same lot as a dwelling, for the housing of vehicles for the occupants of the dwelling; including carports.

Garage, Public shall mean any garage other than a private garage.

Garage, Repair shall mean a building other than a private garage used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for renumeration [sic], hire, or sale.

Garage, Storage shall mean any premises, used exclusively or for [sic] the storage of vehicles.

Garbage shall mean any waste food material of an animal or vegetable nature, including that which may be used for the fattening of livestock.

Golf Course shall mean a lot or portion of a lot used for the playing of golf, including pitch and putt courses, but shall not include driving ranges, miniature golf courses or other similar commercial enterprises.

Grade shall mean: (a) For buildings having walls adjoining one street only, the elevation of the sidewalk shall be calculated at the center of the wall adjoining the street. (b) For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk shall be calculated at the center of all walls adjoining the streets. (c) For buildings having no wall adjoining the street, calculate the average level of the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street; and where no sidewalk exists, the sidewalk grade shall be established by the Department of Public Works and Utilities.

Greenhouse shall mean a building or structure constructed chiefly of glass, glass-like translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants.

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Greenway shall mean a parcel or parcels of land, together with improvements thereon, dedicated as an easement for access and/or recreation; usually a strip of land set aside for a walkway, bicycle trail, bridal path, or other similar access ways.

Guest shall mean any transient person who occupies a room for sleeping purposes.

Guest House see "Accessory Living Quarters."

Guest Room shall mean a room which is designed to be occupied by one (1) or more guest for sleeping purposes, having no kitchen facilities, not including dormitories.

Half-Story shall mean a story under a gable, hip, or gambrel roof, plates of which are not more than three (3) feet above the floor of such story.

Hedge shall mean a plant or series of plants, shrubs, or other landscape material, so arranged as to form a physical barrier or enclosure.

Height of Building see "Building, Height of."

Highway, Inter-Regional shall mean a "U.S." designated highway with a 100 foot right-of-way, or more, on which partial control of access, geometric design, and traffic control measures are used to expedite the safe movement of through vehicular traffic.

Highway, Regional shall mean a "State" designated highway with a 100 foot right-of-way, or more, on which partial control of access, geometric design, and traffic control measures are used to expedite the safe movement of through vehicular traffic.

Highway Setback Line shall mean the future right-of-way line, or plan lines of any highway as shown in the Comprehensive Development Plan for highway use. A yard abutting such a highway shall be measured from the centerline of this future right-of-way line.

Hog Ranch shall mean any premises where five (5) or more weaned hogs are maintained.

Home for the Aged shall mean the same as “Rest Home”.

Home Occupation shall mean any occupation or activity carried on by a member of the family residing on the premises, in connection with which (a) there is no sign other than a non-lighted and non reflecting name plate not more than two (2) square foot in area, which may designate the home occupation carried on within, in letters not to exceed two inches in height, and must be attached to the building wherein the home occupation is conducted; (b) there is no commodity sold upon the premises, except that which is prepared on the premises in connection with such occupation or activity; (c) there is no person employed other than a member of the family residing on the premises; (d) there is no mechanical equipment used except of a type that is similar in character to that customarily found in the home; and (e) no traffic shall be generated by such home occupation in greater volumes than would be normally generated in the neighborhood.

Hospital shall mean any building, or portion thereof, used for the accommodation and medical care of sick, injured, or infirm persons; and including sanitariums, alcoholic sanitariums, institutions for the cure of chronic drug addicts and mental patients.

Hospital, Animal see "Animal Hospital."

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Hotel shall mean a building in which lodging or boarding and lodging are provided for more than 20 persons, primarily transient, and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. A hotel may include restaurants, taverns, club rooms, public banquet halls, ballrooms, and meeting rooms.

Hotel, Motor see "Motel."

House Trailer see "Mobile Home."

Industry shall meant the manufacture, fabrication, processing, reduction, or destruction of any article, substance or commodity, or any other treatment thereof, in such a manner as to change the form, character or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage, and other similar types of enterprise.

Institution shall mean a non-profit corporation or a non-profit establishment for public use.

Junk or Salvage Yard shall mean an area where waste or scrap materials (including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles) are brought, sold, exchanged, stored, baled, packed, disassembled, or handled. A "junk or salvage yard" includes an auto wrecking yard, but does not include uses established and operated entirely within enclosed buildings.

2-15Kennel, Breeding shall mean any lot or premises on which three (3) or more dogs or cats, or any combination thereof, owned by the occupant of the premises, are kept for the purpose of raising and training for show or sale.

Kennel, Commercial shall mean any place where more than three (3) adult dogs, cats, or any combination thereof, are kept for boarding or other fee, or any place where more than five (5) over three (3) months old are kept for any purpose.

Kennel, Personal shall mean any lot or premises on which no more than two adult dogs, two adult cats or two adult rabbits are kept for the owner’s personal needs, with incidental sales. The total number of adult dogs, adult cats and adult rabbits shall not exceed four adult animals. For the purpose of this definition, an adult dog, cat or rabbit is a dog, cat or rabbit that is more than four months old. (Ord. 645)

Kitchen shall mean any room or area intended, or designed to be used, or maintained for the cooking, storing, and preparation of food.

Landfill or Sanitary Landfill shall mean a sanitary disposal project where solid waste is buried between layers of earth.

Landscaping shall include all the original planting or suitable vegetation, in conformity with the requirements of this Ordinance, and the continued maintenance thereof.

Lawful shall mean not in conflict with any laws, ordinances, or statutes existing at the time of the enactment of this Ordinance.

Loading shall mean the removal or placement of any commodity in, on, or from a vehicle of any type.

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Loading Space or Loading Berth shall mean a space within the main building or on the same lot which provides for the standing, loading, or unloading of trucks and which has a minimum dimension of 12 by 45 feet and a vertical clearance of at least 15 feet.

Local Street or Local Highway shall mean a street or road primarily for service at or [sic] abutting property.

Lot shall mean a parcel, lot or portions of lots of record occupied by, or intended to be occupied by, a use permitted by this Ordinance, and its accessory buildings and including the open spaces and parking required under this Ordinance. Said lot shall have frontage along a public street, private road, or permanent ingress/egress easement that meets the standards of the city.

Lot, Corner shall mean a lot situated at the intersection of two (2) or more streets, the interior angle of such intersections not exceeding 135 degrees. The front of such lot shall be the shortest of the two sides fronting on streets. The other yard shall be referred to as the Street Side Yard.

Lot, Coverage shall mean the total lot area covered by buildings or structures.

Lot, Depth shall mean the average horizontal distance between the front line and the rear lot line of a lot, measured within the lot boundaries.

Lot, Double Frontage shall mean a lot, other than a corner lot, having non-intersecting frontage on two streets, private ways or courts. Primary access shall be restricted on a double frontage lot to the minor of the two streets or to the front line as determined at time of platting or as defined by this ordinance.

Lot, Interior shall mean a lot other than a corner lot.

Lot, Nonconforming shall mean a lot having less area or dimension than required in the district in which it is located; and which was lawfully created prior to the zoning thereof, whereby the larger area or dimension requirements were established.

Lot, Through [sic] shall mean a lot having frontage on two (2) dedicated streets, not including a corner lot.

Lot, Width shall mean the average horizontal distance between the side lot lines of a lot.

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Lot Area, Gross shall mean the area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a lake or river.

Lot Line, Front shall be that boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public or private way as designated.

Lot Line, Rear shall be any boundary of a lot which is not a front lot or a side lot line.

Lot Line, Side shall be any boundary of a lot which is not a front lot or a rear lot line.Lot of Record shall mean a lot which is part of a subdivision which has been legally recorded in the office of the Register of Deeds of Sarpy County at the time of the passage of this title.

Marquee shall mean a permanent roofed structure attached to, and supported by the building, and projecting over public property at least 15 feet above grade.

Mausoleum shall mean a structure of vaults for the entombment of the dead, above ground.

Medical Office shall mean any building or portion of a building used, or intended to be used as an office, for the practice of any type of medicine, including chiropractics [sic], dentistry or optometry. It shall also include clinics of a medical or dental nature.

Medical or Dental Clinic see "Medical Office."

Mobile Home see "Dwelling, Mobile Home."

Mobile Home Park shall mean a tract of land containing suitable drives, utilities, and other supporting elements, and devoted to the sole purpose of accommodating, on a lease or rental basis, mobile homes located therein permanently or semi-permanently.

Mobile Home Space shall mean the area of land within a Mobile Home Park set aside for use as a site for one (1) mobile home, including the open spaces around said mobile home, as are required in the Zoning Ordinance.

Modular Home see "Dwelling, Modular Home."

Motel, Motor Court, Motor Hotel, Lodge, or Inn shall mean the same as Hotel except it is designed to accommodate any number of guests, the building or buildings are designed primarily to serve tourists traveling by automobile, and ingress or egress to rooms need not be through a lobby or office.

Nonconforming Building or Structure shall mean any building or structure which, when constructed, was lawful, but currently:

1. Either does not comply with all of the regulations of this Ordinance or with any amendment hereto governing bulk for the zoning district in which such building or structure is located.

2. Or is designed or intended for a nonconforming use.

Nonconforming Lot shall mean a recorded lot, lawful at the time of the enactment of this Ordinance, which does not conform to the minimum area yard or frontage requirements of the district in which it is located.

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Nonconforming Use shall mean an existing use of a structure or land which does not comply in some respect with the use regulations applicable to new uses in the zoning district in which it is located.

Nursery School see "Day Nursery."

Nursing Home see "Rest Home, Nursing Home, or Convalescent Home."

Open Space shall mean any land developed as yards, parks, landscaped green area, and recreational areas including community centers, and is exclusive of areas developed for off-street parking.Outdoor Advertising see "Advertising Structure" and "Sign."

Outdoor Storage Container An “outdoor storage container” is defined as a fully enclosed, detached, and self-supporting structure, by itself incapable of motion or movement. The container must be manufactured/assembled off-site and transportable, by means other than its own, to a location where it is set into place on a graded surface of concrete, asphalt, or gravel and not upon a foundation or wheels. It shall be made of metal or a similar stable, durable, and acceptable material and shall not include a foundation, electricity, plumbing, or other mechanical systems as part of its assembly or use.

Parking Lot shall be an area consisting of one or more parking spaces for motor vehicles together with a driveway connecting the parking area with a street or alley and permitting ingress and egress for motor vehicles.

Parking Space shall be an area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street or alley, and permitting ingress and egress of an automobile.

Parkway shall mean an arterial highway with full or partial control of access, and located within a park or ribbon of parklike development.

Person shall mean an individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, city, special district, or any other group or combination acting as an entity, except that it shall not include the County of Washington [sic], Nebraska.

Petroleum Bulk Tank shall mean a local wholesale distribution facility designed to serve the needs of the immediate surrounding area.

Pharmacy or Prescription Pharmacy shall mean a retail store engaged in, and limited to, the sale of prescription drugs, patent medicines, and surgical supplies.

Planned Unit Development (P.U.D.) shall mean a development under one (1) ownership which is designed and built as a planned unit by such one (1) ownership.

Premises shall mean a lot, together with all buildings and structures thereon.

Private Well shall mean any well drilled for use by an individual, group, corporation, partnership or other governmental entity other than the city. Such wells will be subject to all applicable city and state regulations.

Processing as relating to a winery shall mean to distill, rectify, ferment, brew, make, mix, concoct, manufacture, blend, bottle, or fill an original package with any alcoholic liquor and includes blending but

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does not include the mixing or other preparation of drinks for serving by those persons authorized and permitted in the act to serve drinks for consumption on the premises where sold. (Ord. 518)

Professional Office shall mean any building or portion of a building used, or intended to be used, as an office for a lawyer, architect, engineer, land surveyor, optometrist, accountant, and other similar professions.

Professional Services shall mean services provided by physicians, surgeons, chiropractors, osteopaths, physical therapists, dentists, architects, engineers, lawyers, and accountants.

Property Line see "Lot Line."

Provisions shall mean all regulations and requirements referred to in the text.

Public Way shall mean any sidewalk, street, alley, highway, easement, or other public thoroughfare.

Quarry shall mean any premises from which rock, sand, gravel, and similar resources are being removed, or are intended to be removed.

Quasi-Public Organizations shall mean any non-government organization that is devoted to public service and welfare.

Recreational Vehicle shall mean a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. Recreational vehicles include but are not limited to travel trailers campers, motor coach homes, converted buses and trucks, boats, and boat trailers.

Recreational Vehicle Storage shall mean a location ( such as a warehouse or out of doors enclosed are) to place or leave a recreational vehicle for preservation and later use.

Residence shall mean a building used, designed, or intended to be used, as a home or dwelling place, for one (1) or more families.

Rest Home, Nursing Home, or Convalescent Home shall mean a facility for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders. Such facility does not contain equipment for surgical care or for the treatment of disease or injury, and is subject to applicable state requirements.

Restaurant shall mean any building or structure in which food and drinks are prepared for service to customers, within such structure.

Retail Store shall mean a business selling goods, wares or merchandise directly to the ultimate customer.

Rezoning see "Zoning District, Change of."

Road see "Street."

Roadside Stand shall mean a structure for the display and sale of products on a temporary or seasonal basis.

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Room shall mean an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways, and service porches.

Rooming House see "Boarding House."

Sale Barn shall mean an indoor, fully enclosed facility for the auction of livestock. A fenced on-site holding area shall accompany said facility for the temporary warehousing of livestock. (Ord. 590)

Sanitarium shall mean a health station or retreat, or other place where patients are housed and where medical or surgical treatment is given. This does not include mental institutions or places for the treatment of narcotic addicts. School, Elementary, Junior High or High shall mean public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, and secondary levels; and includes special education and preschool facilities. Such institutions shall offer general academic instruction equivalent to the standards prescribed by the State Board of Education.

School, Private shall mean an institution conducting regular academic instruction at kindergarten, elementary, and secondary levels operated by a nongovernmental organization, and shall include preschool facilities.

School, Trade shall mean schools offering preponderant instruction in the technical, commercial, or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technical school, and similar commercial establishments operated by a nongovernmental organization.

Self-Storage Facility, Enclosed shall mean a building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, and other residential uses with no commercial transactions permitted other than the rental of the storage units and excludes the storage of hazardous or explosive materials.

Separate Ownership shall mean ownership of a parcel of land by a person who does not own any of the land abutting such parcel.

Servants Quarters (Separate) shall mean complete living quarters either attached or detached from the main dwelling, including kitchen facilities, but not rented or used for permanent or temporary living quarters by members of the family. (See Family)

Service Station shall mean any building, structure, or land used for the dispensing, sale, or offering for sale at retail of any automobile fuels, oils, or accessories, including lubricating or washing of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor re-building, body and fender repair or spray painting, but including temporary storage of wrecked, inoperable, or unlicensed vehicles outside a screened and enclosed area for more than ten days.

Setback Line, Front Yard shall mean the line which defines the depth of the required front yard. Said setback line shall be parallel with the right-of-way or highway setback line when one has been established.

Setback Line, Rear Yard or Side Yard shall mean the line which defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom the perpendicular distance prescribed for the yard in the district.

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Sign shall mean any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:

1. Signs not exceeding one (1) square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations;

2. Flags and insignia of any government except when displayed in connection with commercial promotion;

3. Legal notices: Identification, informational, or directional signs erected or required by governmental bodies;

4. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights;

5. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

Sign, Business shall mean a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered, upon the premises where such sign is located or to which it is affixed.

Sign, Flashing shall mean any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this Ordinance, a moving, illuminated sign shall be considered a "flashing sign".

Sign, Gross Area Of shall mean the entire area within a single continuous perimeter enclosing the extreme limits of such sign, and in no case passing through or between any adjacent elements of same.

Site Plan shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land.

Sorority House shall mean a building or structure housing a group of women associated for their common interest. Such group may eat, sleep, and otherwise use such facilities as are provided on the premises.

Stable, Private shall mean a detached accessory building for the keeping of horses, owned by the occupants of the premises and not kept for remuneration, hire or sale.

Stand, Temporary see "Structure, Temporary."

Story shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six (6) feet above grade and more than 50% of that total perimeter, or is more than 12 feet above grade at any point, then such basement or cellar shall be considered a story.

Story, One-Half see "Half-Story."

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Street shall mean a public thoroughfare or right-of-way dedicated, deeded, or condemned for use as such, other than an alley, which affords the principal means of access to abutting property including avenue, place, way, drive, land, boulevard, highway, road, and any other thoroughfare except as excluded in this regulation.

Street, Center Line shall mean the center line of the surveyed street right-of-way.

Street, Local shall mean any street, dedicated as such, serving as the principal [sic] means of access to property.

Street, Major shall mean a street with a 70 foot right-of-way or more, and used to expedite the safe movement of local city vehicular traffic. The Major Streets are designated and established in the Springfield Comprehensive Development Plan.

Street, Minor shall mean a street with a 50 foot right-of-way or more, and used to expedite the safe movement of local city vehicular traffic. The Minor Streets are designated and established in the Springfield Comprehensive Development Plan.

Street, Side shall mean that street bounding a corner or reversed corner lot, and which extends in the same general direction as the line determining the depth of the lot.

Street Line shall mean the dividing line between a lot, tract or parcel of land and a contiguous street.

Structure shall mean anything constructed or erected, other than a fence or retaining wall, which requires location on or in the ground or is attached to something having a location on the ground, including but not limited to advertising signs, billboards, posterboards, patios, swimming pools, and mobile homes.

Structure, Advertising see "Advertising Structure."

Structure, Temporary shall mean a structure which is readily movable, and used or intended to be used for a period not to exceed six (6) consecutive months.

Structural Alterations shall consist of any change in the supporting members of a building, including, but not limited to bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Subdivision shall mean the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. It includes re-subdivision and, when appropriate to the context, relates to the process of re-subdividing or to the land or territory subdivided.

Swimming Pool shall mean a body of water in an artificial or semi-artificial receptacle or other container, whether located indoors or outdoors, used or intended to be used, for private swimming by adults or children, or both; including all structures, appurtenances, equipment, appliances, and other facilities appurtenant to, and intended for, the operation and maintenance of a swimming pool. The provisions of this Ordinance shall be applicable to all pools having a minimum depth of greater than 18 inches of water.

Total Floor Area shall mean the area of all floors including finished attics, basements, and other areas where floor to ceiling height is not less than six (6) feet.

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Townhouse A dwelling unit having a common wall with or abutting one or more adjacent dwelling units in a townhouse structure, with its own front and rear access to the outside, and neither above nor below any other dwelling unit. A townhouse may be owner-occupied. (Ord. 573)

Townhouse Ownership Ownership of a townhouse is allowed whereby the title of each unit of occupancy, and the real estate on which the unit resides, is held in separate ownership. The minimal ownership shall be the unit and footprint of property on which the unit occupies. The maximum ownership shall be the unit and an area of land which shall reflect the property if the common wall was extended to serve as a property line. (Ord. 573)

Townhouse Structure A building formed by at least two townhouses and not more than twelve contiguous townhouses with common or abutting walls. For the purpose of the side yard regulations, the structure containing a group of townhouses shall be considered as one building occupying a single lot. (Ord. 573).

Tract shall mean any parcel, lot area or piece of property in or within one (1) mile of the corporate limits of Springfield, Nebraska.

Trade Area shall mean the area served by an existing commercial development, or to be served by the proposed commercial development, and from which said development draws its support.

Trailer, Automobile shall mean a vehicle without motive power, designed and constructed to travel on the public thoroughfares, and to be used for human habitation, or for carrying property, including a trailer coach.

Trailer, Cabin shall mean any camp car, trailer or other vehicle, with or without motive power, designed and constructed to travel on the public thoroughfares, and designed or used for human habitation. A dependent cabin trailer is one not equipped with a toilet for sewage disposal. An independent cabin trailer is one equipped with a toilet for sewage disposal.

Trailer Camp shall mean any site, lot, parcel or tract of land which is improved, used, or intended to provide a location for the servicing or temporary accommodation of one (1) or more trailers which are used for travel, camping, or recreational purposes.

Trailer Court or Mobile Home Park or Trailer Park shall mean a space or area containing at least five (5) acres designed, equipped, or maintained for the harboring, parking, or storing of cabin trailers, mobile homes, house trailers, or house cars which haul such trailers, or house cars [sic] being used as living or sleeping quarters for humans.

Trailer, Residential see "Mobile Home."

Transient shall mean a person who is receiving accommodations for a price, with or without meals, for a period of not more than 180 continuous days in any one (1) year.

Transportable House shall mean a trailer house, mobile home, double-wide trailer house, or transportable factory-built house constructed to travel on wheels, and to be used for human habitation.

Truck Service Station shall mean an occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for "Service Station."

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Truck & Trailer Sales Lot shall mean an open area where trucks or trailers are sold, leased or rented, and where no repairs, repainting, or remodeling are done.

Urban Lot shall mean any lot which lies, in whole or in part, within the boundaries of an urban area as described in this Ordinance.

Use of Property shall mean the purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

Use, Accessory shall mean a structure detached from the principle building, located on the same lot and incidental and subordinate in use and size to the principal building or use.Use, Permitted shall mean a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and standards of such district.

Use, Principal shall mean the main use of land or buildings as distinguished from a subordinate or accessory use. A "principal use" may be "permitted" or "special."

Used Materials Yard shall mean any lot or a portion of any lot used for the storage of used materials. This shall not include "Junk Yards" or "Automobile Wrecking Yards."

Utility Easement see "Easement."

Utilities, Overhead or Underground "Local Distribution System" shall mean the local service distribution circuit or lines and related appurtenances served from a substation, or generator facility, town border station, reservoir, or terminal facility which is served from a main supply line, main transmission line, or main feeder line as may be applicable to electric, communications, gas fuel, petroleum, fertilizer, or other chemical utilities. Local electric distribution systems shall be limited to include all lines and appurtenance carrying a primary voltage of less than 161 KV from an electric transformer substation to the consumer. The local telephone distribution system shall be limited to include the local exchange lines, the local toll lines, and the local communications equipment facilities structure.

Utilities, Overhead or Underground "Transmission Line, Supply Line, Wholesale Carrier or Trunk Line, Main Feeder Line," or other applicable designation, shall mean the main supply or feeder line serving a local distribution system of utilities, and shall include, but is not limited to pumping stations, substations, regulating stations, generator facilities, reservoirs, tank farms, processing facilities, terminal facilities, towers, and relay stations.

Variance shall mean a relaxation of the terms of the Zoning Ordinance 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 the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship. As used in this Ordinance, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; 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 non-conformities in the zoning district or uses in an adjoining zoning district.

Visual Obstructions shall mean any fence, hedge, tree, shrub, wall or structure exceeding three (3) feet in height, measured from the crown of intersecting or intercepting streets, alleys, or driveways, which limit the visibility of persons in motor vehicles on said streets, alleys or driveways. This does not include trees kept trimmed of branches below a minimum height of eight (8) feet.

Wading Pool shall mean the same as “Swimming Pool”.

SPRINGFIELD, NEBRASKA ZONING ORDINANCE SEPTEMBER 1998 2-22

Page 23: ARTICLE 2: DEFINITIONSspringfieldne.org/yahoo_site_admin/assets/docs/Article_…  · Web viewThe word "City" shall refer to the City of Springfield, Nebraska. Section 2.02 Definitions.

Wall shall mean any structure or device forming a physical barrier, which is so constructed that 50% or more of the vertical surface is closed, and prevents the passage of light, air, and vision through said surface in a horizontal plane.

Warehouse shall mean a building or buildings used for the storage of goods, of any type, when such building or buildings contain more than 200 square feet of storage space, and where no retail operation is conducted. See "Wholesaling."

Water Supply, Community shall mean a water supply provided by a publicly-owned corporation or a private organization which has a permit to serve two (2) or more dwelling units on abutting properties.Water Supply, Private shall mean a water supply provided by a source other than a Community Water Supply.

Wholesaling shall mean the selling of any type of goods for the purpose of resale.

Winery shall mean any enterprise which produces and sells wines produced from grapes, other fruit, or other suitable agricultural products of which at least seventy-five percent is grown in this state. (Ord. 518)

Yard shall mean an open space on the same lot with a building or structure, unoccupied and unobstructed from the ground to the sky, except as otherwise permitted in this Ordinance. A "yard" extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located.

Yard, Front shall mean a yard extending across the front of the lot between the side lot lines, said depth being the minimum required horizontal distance between the street line and the principal building.

Yard, Rear shall mean a yard extending across the rear of a lot measured between the side lot lines, said depth being the minimum horizontal distance between the rear lot line and the rear of the principal building.

Yard, Side shall mean a yard between the main building and the side line of the lot being the minimum horizontal distance between the building and side lot line, and extending from the front yard line to the rear yard line.

Yard, Street Side shall mean a yard adjacent to a street, other than a front yard on a corner lot.

SPRINGFIELD, NEBRASKA ZONING ORDINANCE SEPTEMBER 1998 2-23

Rear Yard

Front Yard

Side Yard

Rear Yard Setback

Side Yard Setback

Front Yard Setback

Street (Right of Way)

Yard Locations

Page 24: ARTICLE 2: DEFINITIONSspringfieldne.org/yahoo_site_admin/assets/docs/Article_…  · Web viewThe word "City" shall refer to the City of Springfield, Nebraska. Section 2.02 Definitions.

Zone see "District."

Zoning Administrator is the person appointed by the City Council and designated as the Official responsible for enforcing and administering all requirements of the City of Springfield Zoning Ordinance.

Zoning District see "District."

Zoning District, Change of shall mean the legislative act of removing one (1) or more parcels of land from one (1) Zoning District on the Zoning Map of the City.

Zoning Map shall mean the map or maps incorporated into this Ordinance as a part thereof, designating the Zoning Districts.

Zoning Permit shall mean a written statement issued by the Zoning Administrator authorizing buildings, structures, or uses in accordance with the provisions of this Ordinance.

SPRINGFIELD, NEBRASKA ZONING ORDINANCE SEPTEMBER 1998 2-24