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.
AccessoryBuilding 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 "AccessoryBuilding."
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."
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.
AnimalHospital 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.
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.
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.
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.
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)