For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY.
(1) When used in combination with the following words:
(a) BUILDING(S). A detached building(s) containing an accessory use and located on the same lot as the primary building, provided all accessory buildings on a lot shall not exceed in size 240 square feet except as approved as a special permit use under § 158.044. Except where a special permit use is approved no more than two accessory buildings shall be located on each lot with the total square footage of all accessory buildings not exceeding 240 square feet. Accessory buildings shall not be located in front of the primary building.
(b) USE(S). A use(s) on the same lot as the primary use which is different from and customarily associated with the primary use, and which use has dedicated to it not more gross floor area than permitted in division (a) above.
(2) Examples, not inclusive:
Primary Building and Use | Accessory Building and Use |
Dwelling - Habitation | Carport - Vehicle Storage |
Dwelling - Habitation | Workshop - General |
Dwelling - Habitation | Greenhouse - Cultivation |
Dwelling - Habitation | Dwelling - Home Occupation |
ADULT BUSINESS. Any business activity which offers the opportunity to view specified sexual activity or view, or touch, for entertainment, specified anatomical areas. Such definition further includes but is not limited to adult arcade, adult bookstore/film store, adult cabaret, adult lounge, adult motel or hotel, adult retail store, and an adult theater.
ADULT DAYCARE CENTER. A facility which provides basic day care services to unrelated, impaired adults for more than four hours in a 24-hour period. A center shall be a distinct entity, either freestanding or a separate program of a larger organization. A center shall have a separately verifiable staff, space, budget, and participant record system. ADULT DAYCARE CENTER does not include retirement centers and senior citizen centers.
AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. The term shall not include agricultural industries such as commercial poultry or swine production, cattle or swine feed lots, fur bearing animal farms, commercial greenhouses, commercial fish or poultry hatcheries, and other similar activities.
AIRPORT or LANDING FIELD. A facility used for the landing, take-off or taxiing of aircraft.
ALCOHOLIC BEVERAGE ESTABLISHMENTS. An establishment other than a restaurant, licensed to sell alcoholic beverages for consumption on premises; that limits patronage to adults of legal age for consumption of alcohol; and in which limited food service may be accessory to the service of alcoholic beverages. Drinking establishments may include but are not limited to taverns, saloons, breweries, bars, pubs, or cocktail lounges associated with restaurants. These establishments shall meet the conditions specified in § 110.02.
ALLEY. A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
AMUSEMENT, COMMERCIAL INDOOR. An amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not audible at the bounding property line and including, but not limited to, a bowling alley or billiard parlor.
AMUSEMENT, COMMERCIAL OUTDOOR. Any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open, including but not limited to, a golf driving range, archery range and miniature golf course.
ART GALLERY. A building where art such as paintings, sculptures or other works are exhibited and/or sold to the public.
AUTOMOBILE REPAIR GARAGE. Establishments primarily engaged in general automotive repair, including but not limited to, engine, transmission, and motor repair shops, service garages, tire shops, glass replacement shops, and body repair shops.
AUTO STORAGE or AUTO AUCTION. Establishments primarily engaged in the storage and wholesale distribution of new and used passenger automobiles, trucks, trailers, and other motor vehicles, but not including machinery wrecking establishments or junkyards.
BED AND BREAKFAST INN. An owner-occupied housing unit with fewer than six individual guest rooms where short-term lodging and meals are provided for compensation.
BOARDING HOUSE. A dwelling other than a hotel where for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more, but not exceeding 20 persons, on a weekly or monthly basis.
BREWERY, CRAFT BREW. An individually owned establishment primarily engaged in brewing beer for distribution.
BREWERY, LARGE SCALE. Establishments primarily engaged in brewing beer, ale, malt liquors, and nonalcoholic beer for wholesale distribution.
BUILDING. Any structure intended for shelter, housing or enclosure for persons, animals or chattel.
BUILDING AND LANDSCAPING MATERIALS SALES YARD. A retail establishment selling hardware, lumber and other large building materials, plant materials, and other landscaping materials. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales.
BUILDING, PRIMARY. A building in which is conducted the principal use of the lot on which it is situated. In residential districts, any dwelling shall be deemed to be a primary building on the lot on which it is situated.
BUS STATION or TERMINAL. Establishments primarily engaged in the operation of motor vehicle passenger terminals and of maintenance and service facilities, not operated by companies that also furnish motor vehicle passenger transportation.
CARETAKER or EMPLOYEE HOUSING. A detached secondary housing unit that is used for persons employed on the premise, where the principal commercial, industrial or institutional use of the site involves operations, equipment or other resources that require 24 hour oversight. Such housing shall be occupied exclusively by the caretaker and/or employee and not for rent or use as a separate housing unit by persons other than those employed on the premise. The Planning Commission must find that the principal use on the site requires the continual supervision of a caretaker, superintendent, or watchman.
CARPORT.
(1) When used in the context of § 158.025, means any accessory building constructed in conjunction with the use of a single-family or two-family dwelling and which is:
(a) Over a paved driveway;
(b) Abutting the dwelling to which it is accessory;
(c) Unenclosed, except for the one side abutting the dwelling;
(d) No more than 25 feet in total length, both within and outside the front setback; and
(e) No wider than 12 feet for a single garage and/or driveway or no wider than 24 feet for a double garage and/or driveway.
(2) No more than one carport shall be permitted for each dwelling unit.
CATERING ESTABLISHMENT. A business that prepares and delivers food for consumption on the premises of a client. Does not include mobile food vendors.
CHARITABLE or PHILANTHROPIC INSTITUTIONS. A private, tax-exempt organization whose primary function is to provide either health, social, recreational, religious, or benevolent services, or research or educational activities in areas of benefit to the public such as health, medicine or conservation of natural resources. Does not include an organization for the purpose of operating a trade or business or whose primary purpose or function is promoting the economic advancement of its members, such as a professional or trade association or a labor union.
CHURCH. A facility operated by a religious organization used exclusively as a place of worship or
for the promotion of religious activities, including accessory uses on the same site. Examples of these types of facilities include churches, mosques, synagogues, and temples. Examples of allowable accessory uses on the same site include living quarters for ministers and staff, and facilities for child day care and religious instruction.
COLLEGE or UNIVERSITY. An academic institution of higher learning, accredited or recognized
by the State of Oklahoma and offering a program or series of programs of academic study.
COMMUNITY CENTER. A public institution owned and operated by a governmental body for the social or recreational uses, health or welfare of the community served.
COUNTRY CLUB, PRIVATE. An area of 20 acres or more containing a golf course, a clubhouse and associated uses available only to private specific membership.
COVERAGE. The ratio of the gross floor area of all buildings on a lot, including the area covered by all overhanging roofs in excess of two feet, to the lot area.
CREMATORY. A facility licensed by the Oklahoma State Board of Embalmers and Funeral Directors for the disposal of human remains by cremation, dehydration, combustion, or other similar means.
DAY- CARE CENTER. Family day-care homes and nurseries, as those terms are defined and regulated in Chapter 112.
DAY CAMP FOR CHILDREN. A facility arranged and conducted for the organized recreation and instruction including outdoor activities on a daytime basis.
DISPENSARY STORE. An establishment licensed by the Oklahoma State Department of Health
pursuant to Title 63 O.S. § 421A, which allows the retail sale of marijuana, or marijuana derivatives in the form provided by licensed processors, as well as other products, including paraphernalia and clothing, to be sold to qualifying patients or their caregiver.
DISTRICT. A zoning district created herein.
DORMITORY. A building reserved exclusively for and occupied as the temporary residence of individuals enrolled in an accredited public or private educational institution which owns the building. General kitchen and eating facilities may be provided for the primary use of the occupants of the building, provided the main entrance to these facilities is from within the building.
DWELLING. Any building or portion thereof, which is designed or used as living quarters for one or more families, but not including trailer homes.
DWELLING, MULTIPLE-FAMILY. A dwelling designed to be occupied by three or more families living independently of each other, exclusive of hotels or motels.
DWELLING, SINGLE-FAMILY. A dwelling designed to be occupied by one family.
DWELLING, TWO-FAMILY. A detached dwelling designed to be occupied by two families living independently of each other.
DWELLING UNIT. One room or a suite of two or more rooms designed for and used by one family for living and sleeping purposes and having one kitchen or kitchenette.
EQUESTRIAN EDUCATION FACILITY. An indoor or outdoor facility where horses are housed, ridden, shown, displayed, or trained as part of the curriculum of and in connection with an educational program of public schools or colleges and universities.
EQUIPMENT STORAGE/RENTAL YARD. The use of any building, land area, or portion thereof, for the display, sale, rental or lease of heavy construction or farm equipment, including cranes, earthmoving and grading equipment, heavy trucks, tractors, and any warranty or repair work and other repair services conducted as an accessory use. Outdoor display of such items may be provided only as permitted by the district in which it is located.
FAMILY. One or more persons related by blood, marriage or adoption, or a group of not to exceed five persons not all related by blood or marriage, living together as a single housekeeping unit in a dwelling unit and maintaining and using the same housekeeping
facilities in common.
FAMILY DAY-CARE HOME. A private dwelling which provides care and supervision for seven or fewer children for part of the 24-hour day. The term "family day-care home" shall not include
informal arrangements which parents make independently with neighbors, friends, and others, or with caretakers in the child's own home;
FENCE.
(1) A structure, wall or hedge, erected or grown for the purpose of dividing open space, delineating boundaries, enclosure or preventing passage or sight.
(2) The height of fences shall be determined as follows:
(a) Measurement to be taken from the highest elevation contiguous to the fence from the base to the top;
(b) The fence is to follow the topography and is measured accordingly;
(c) Decorative posts are to be excluded from measurement; and
(d) Planter boxes built to effectively lower the height of the fence will be included in the measurement.
FINANCIAL INSTITUTION. An establishment primarily engaged in the facilitation of financial transactions, such as investments, loans, and deposits. Uses include banks and trust companies, credit agencies, and other investment companies.
FRATERNITY OR SORORITY LODGE or ASSEMBLY HALL. A building that is used and occupied by a nationally chartered fraternity or sorority as a principal place of residence for its members and support staff. Such residences shall have an affiliation with an accredited college or university that operates campus facilities in the City of Bethany and may contain and provide domestic and social facilities and services thereto.
FUNERAL HOME and MORTUARY. Establishments where the deceased are prepared for burial or cremation, funeral services may be conducted, and cremation may occur.
FREIGHTING YARD or TERMINAL. A transportation facility furnishing services incidental to air, motor freight, and rail transportation. Examples of these facilities include freight terminal facilities, packing, crating, inspection, and weighing services, postal service bulk mailing distribution centers, and trucking facilities, including transfer and storage.
GARAGE, PARKING. Any building or portion thereof used for the storage of four or more vehicles for profit, hire or otherwise involving compensation in which any servicing is an accessory use but where repair facilities are not provided.
GARAGE, PRIVATE. A building used for storage purposes only for vehicles used solely by the occupants and their guests of the building to which it is accessory.
GARAGE, REPAIR. A building in which are provided facilities for the care, servicing, repair or equipping of vehicles.
GASOLINE SERVICE STATIONS. The land and buildings or structures thereon used for the retail sales of gasoline, oil fuels and vehicle accessories, and accessory uses exclusive of painting, major repair or the sale of butane or propane fuels. All storage tanks for gasoline shall be below the surface of the ground and provided that no filling station shall be within 300 feet of any school, church, hospital, convalescence hospital, playground, community building or youth center or any other place where a large number of people congregate and further provided that the service station conforms to this code of ordinances.
GOLF COURSE, COMMERCIAL. A golf course privately owned but open to the public for a fee and operated as a commercial venture.
GROCERY STORE OR SUPERMARKET. A retail or wholesale store that primarily sells food, including canned and frozen foods, fresh fruits and vegetables, and fresh (raw) and prepared meats, fish, and poultry.
GREENHOUSE and PLANT NURSERY. A retail enterprise that sells plants, garden supplies and services, and similar items not to include heavy equipment such as farm machinery.
GROSS FLOOR AREA. The sum of all horizontal areas of all the floors of a building as measured from the facade of exterior walls or from the centerline of common walls separating buildings and including, but not limited to the following spaces:
(1) Basements;
(2) Elevator shafts and stairwells at each floor;
(3) Floor space for mechanical equipment with structural head room of seven feet or more;
(4) Penthouses;
(5) Attic space providing head room of seven feet or more;
(6) Interior balconies, mezzanines and enclosed covered porches and enclosed steps; and
(7) Accessory uses in the building exclusive of parking garages.
GROUP HOME. A community-based residential facility located in a single-family zoning area that admits not more than six persons with developmental or physical disabilities who require specialized living arrangements, and that provides for such persons a home that is subject to the care and supervision of a responsible adult and which is licensed by or which has a contract with the Department of Human Services. Group homes shall be subject to all restrictions of § 60 O.S.
HALFWAY HOUSE. Means a private facility for the placement of inmates in a community setting for the purpose of reintegrating into the community inmates who are nearing their release dates. The term shall not include private prisons.
HEALTHY AND ACTIVE LIVING. Creating or transforming neighborhoods and districts to make physical activity through transportation, exercise, and recreation more likely.
HEIGHT. The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.
HOME OCCUPATION. Any occupation carried on (owned) solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling of dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main building:
(1) The business/occupation shall be restricted to the providing or performance of services. No on-site wholesale or retail sales shall be permitted.
(2) The following businesses shall not be eligible for classification as a HOME OCCUPATION:
(a) Beauty or barber shop;
(b) Tearoom/restaurant;
(c) Metal shop/cabinet shop;
(d) Lawn mower repair;
(e) Nursing home or clinic;
(f) Doctor's or dentist's office;
(g) Day-care center; or
(h) The repair of vehicles owned by someone other than the occupant; or
(i) Landscaping, tree trimming and/or lawn care service.
(3) Only two or fewer individuals (at least one of which must be an inhabitant of the dwelling) shall be engaged in the business.
(4) The home occupation shall not be conducted in an accessory building. There shall be no outdoor storage associated with any home occupation.
(5) No mechanical equipment shall be used, or activity conducted that creates excessive traffic, noise, dust, odor or electrical disturbance beyond the confines of the lot, except for such as is normally used for domestic purposes.
(6) There shall be no change in the outside appearance of the dwelling unit or any other aspect of the premises which would provide visible evidence of the conduct of the home occupation other than one sign, not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the dwelling unit.
(7) There shall not be more than one customer vehicle at a time parking off-street and no customer parking shall be permitted in the street right-of-way.
(8) A license shall be obtained and a tax paid, as required in § 110.02.
HOSPITAL. A health care institution with an organized medical and professional staff and with inpatient beds available on a 24 hour basis, which has as its primary function to provide inpatient medical, nursing, and other health-related services to patients for both surgical and nonsurgical conditions, and which usually provides some outpatient services, particularly emergency care.
HOTEL or MOTEL. A building or group of buildings under one ownership reserved primarily for
and occupied as the temporary abiding place of transients for compensation, exclusive of mobile home or recreational vehicle parks, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.
IMPROVED SURFACE. Area that is covered by a permanent hard surface, including concrete, asphalt, or pavers, in accordance with the City Engineer's standards, or any combination of materials with pervious features such as ribbon driveways that have been permitted by the Director as a functionally hard surface.
INMATE TRANSITIONAL LIVING CENTERS. See HALFWAY HOUSE.
INMATE WORK CENTERS, INMATE HALFWAY HOUSES, and INMATE PRERELEASE
CENTERS. Shall have the same meanings as used in § 57 O.S. or as defined by the Oklahoma Department of Corrections.
INPATIENT TREATMENT. See HOSPITAL.
ITINERANT VENDOR. Any person who engages in, does, or transacts any temporary or transient business in the town and who, for the purpose of carrying on such business, occupies any location for a period of less than 90 days.
JAIL and CORRECTIONAL FACILITY. Public or private facilities providing for the confinement of juvenile offenders, for the incarceration, confinement or detention of individuals arrested for or convicted of a crime, or for the punishment, correction and/or rehabilitation of individuals convicted of crimes whose freedom is restricted.
KENNEL. Any premises wherein any person, firm, corporation, or other legal entity engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
LABORATORY, SCIENTIFIC or RESEARCH. Laboratories for research or testing, but not for manufacturing, providing all work is conducted within an enclosed building and no noise, odor, smoke or other element of the operation is noticeable from outside the building.
LIBRARY. A public facility for the use and loan, but not sale, of literary, musical, artistic, or reference materials.
LOT. A parcel of land the location, size and dimension of which are determined according to the most recent document legally filed of record pertaining to the same.
LOT AREA. The horizontal area included within lot lines, exclusive of any property over which there is an easement for flood control and/or drainage purposes. This exclusion shall not apply to lots platted prior to December 13, 1973.
LOT, CORNER. A lot which has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of the two sides is less than 135 degrees.
LOT DEPTH. The minimum distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. The boundaries of a lot and the boundaries shall be conterminous with right-of-way lines for those portions of a lot which abut a street or alley.
LOT WIDTH. The minimum distance between the side lot lines, measured at the front yard setback line, except where specifically otherwise provided.
MANUFACTURING, HEAVY. A facility accommodating manufacturing processes that involve
and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community. Examples of heavy manufacturing uses include concrete product manufacturing, garbage transfer stations, glass product manufacturing, plastic, rubber and other synthetic product manufacturing, and textile and leather product manufacturing. Permitted uses shall be conducted in a manner that no noxious odor, fumes or dust will be emitted beyond the property line of the lot on which the use is located.
MANUFACTURING, LIGHT. A facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. Examples of light manufacturing uses include clothing and fabric manufacturing, electronics and appliance manufacturing, and food and beverage product manufacturing. Permitted uses shall be conducted in a manner that no noxious odor, fumes or dust will be emitted beyond the property line of the lot on which the use is located.
MASSAGE CLINIC. Any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on the activity of "massage," defined as any method of pressure on or friction against the external soft parts of the body with the hand or with the aid of any mechanical or electrical apparatus or appliance commonly used in this practice by a massage therapist.
MEDIA BROADCAST SERVICES. Commercial and public communications, including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus, including antennas and towers, which are instead defined under "Telecommunications Facilities."
MEDICAL or DENTAL FACILITY. The use of space by individuals licensed in the State of Oklahoma to practice medicine, osteopathy, dentistry, chiropractic, podiatry, psychiatry, clinical psychology or other health-related professions on an outpatient basis. The professional services provided in the
medical office space is for the occupant's own patients and not for patients of unrelated outside practitioners.
MIXED USE. A development or structure which clusters homes, jobs, stores, parks, and services within walking distance of one another.
MOBILE and MANUFACTURED HOMES. The meaning given in Chapter 152 of this code of ordinances, whether used as a dwelling unit or not.
MOBILE and MANUFACTURED HOME PARK. A contiguous parcel of land under single ownership which has been developed for the placement of manufactured/mobile homes for non-transient use.
MUSEUM. A building serving as a repository for a collection of natural, scientific, or literary objects of interest, or works of art, and arranged and designed to be used by members of the public for viewing, with or without admission charge.
NIGHT CLUB or DANCE HALL. A facility serving alcoholic beverages for on-site consumption, and providing entertainment, examples of which include live music and/or dancing, comedy, etc.
NET FLOOR AREA. The gross floor of the building less non-public and non-work spaces, such as
storage rooms, hallways, warehouses, utility closets or restrooms.
NONCONFORMING. When used in combination with the following words:
(1) STRUCTURE. A structure in noncompliance with applicable setback, coverage or height regulations but which, on the effective date of this chapter, lawfully occupied the lot on which it is situated.
(2) USE. An activity carried on in noncompliance with applicable district regulations but which, on the effective date of this chapter, lawfully occupied the lot on which it is conducted.
NURSING, CARE FACILITY, CONVALESCENT, OR REST HOME. All those facilities required to be licensed under the Oklahoma Nursing Home Care Act (63 O. S. §§ 1-1902 et seq.) to provide resident nursing care facilities, and the definitions within the Oklahoma Nursing Home Care Act shall be used in interpreting the provisions of this chapter. Drug and/or alcohol abuse treatment facilities are excluded from this definition.
OPEN DISPLAY, COMMERCIAL. The outdoor display of retail goods and products located outside of an enclosed business. Open display uses such as car, truck, and boat sales and/or rentals are prohibited, except as a Special Permit Use as authorized under § 158.044 of the zoning ordinance.
PARKING AREA. A permanently surfaced area enclosed or unenclosed, sufficient in size to store vehicles together with a permanent surfaced driveway connecting all parking spaces with a street or alley.
PARKING SPACE. A permanently surfaced area enclosed or unenclosed, being 821 feet in width and 18 feet in depth and intended for the parking of vehicles.
PARKING SPACE, OFF-STREET. A parking space not on or extending over any public easement or right-of-way.
PEST CONTROL SERVICES. A commercial pest control business or occupation which is performed primarily off-site. Only those support activities, such as office work and storage of equipment is conducted at the business location and provided:
(1) No on-site storage of more than 30 gallons of pesticide or herbicide;
(2) No batch mixing of chemicals, other than individual tank mixing on each truck operated on-site; and
(3) No repair of chemical equipment on-site.
PETROLEUM PRODUCTS, STORAGE and WHOLESALE. A facility for the bulk storage and wholesale distribution of gasoline, diesel fuel, and/or other fuels and petroleum products.
PHARMACY. A retail store that primarily sells prescription drugs, which may also sell nonprescription drugs and medical supplies, other health care products, and a limited variety of convenience items.
PROFESSIONAL OFFICES. Professional offices, such as accounting, real estate, insurance, architectural or engineering offices where chattels, goods, wares or merchandise are not created, stored, exchanged or sold.
PUBLIC PARK and PLAYGROUND. A public area reserved for natural or artificial landscaping, which may include recreational facilities and structures.
PUBLIC UTILITY STATION. A structure or facility used by a public or quasi-public utility agency to store, distribute, generate electricity, gas, telecommunications, and related equipment, or to pump chemically treated water. This does not include storage or treatment of sewage, solid waste, or hazardous waste.
PUBLIC SAFETY FACILITIES. A facility including ambulance dispatch facilities, fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters.
PUBLISHER. An establishment engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals.
RECREATIONAL VEHICLE PARK. A site under private ownership designed and intended to be used, by campers with recreational vehicles or tents.
Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and may also include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.
RETAIL, GENERAL. Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include antique stores, craft stores, clothing, shoes, and accessories, hardware stores, recreational equipment, religious goods, stationary, and toy stores and shall be larger than 4,000 square feet.
RETAIL, SPECIALTY. Stores and shops where the majority of the business is devoted to the sale of specialty goods. Such uses include delicatessens, pottery studios, tuxedo stores, small-scale book stores, and video rental stores and shall be no larger than 4,000 square feet.
RESTAURANT or EATING ESTABLISHMENT (NOT DRIVE-IN TYPE). Any eating or drinking establishment where the preparation and serving of food is the primary business of such establishment. The term "primary business" means that the gross receipts from the sale of food are equal to or exceed 50% of the entire gross receipts of such establishment.
RESTAURANT or EATING ESTABLISHMENT (DRIVE-IN). A building or portion thereof where food and/or beverages are sold, and where a driveway is located so that vehicles may drive up to a window and receive food and/or beverages for consumption either on the premises or elsewhere.
ROOMING HOUSE. A building where lodging only is provided for compensation to three or more, but not exceeding 20 persons. A building which has accommodations for more than 20 persons shall be a hotel, as defined herein.
SALE BARN. Barns, pens and sheds for the temporary holding and sale of livestock.
SALVAGE or JUNK YARD. Any land or building where metals, plumbing materials,
appliances, vehicles, vehicle parts, rags or paper, machinery or similar items or material are kept, salvaged, stored, dismantled and/or offered for sale as whole units, as salvaged parts or as processed materials.
SCHOOL, BUSINESS. A business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, barber college, beauty school or commercial art school, but not including manual trade schools.
SCHOOL, COMMERCIAL TRADE. A business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and similar trades.
SCHOOL, PRIVATE, ELEMENTARY or SECONDARY. A private institution intended for the purpose of elementary or secondary education, which does not secure the major part of its funding from public sources.
SCHOOL, PUBLIC. Consists of all free schools supported by public taxation, and shall include nurseries, pre-schools, kindergartens, elementary and secondary schools, and technology center schools, not to exceed two years of junior college work, and such other schools, classes, and instruction as may be supported by the public.
SELF-SERVICE LAUNDRY or DRY-CLEANING ESTABLISHMENT. Any attended or unattended place, building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from or dry-cleaning wearing apparel, cloth fabrics and textiles of any kind by means of a mechanical appliance which is operated primarily by the customer. Cleaning, pressing and laundering shops shall employ no more than 12 people on the premises.
SHELTER. A temporary residential facility, which provides overnight accommodations and incidental services for homeless persons and/or families on a short-term basis.
SHOOTING RANGE, INDOOR. An area enclosed at which a handgun, rifle, or other firearm is
discharged at a target, designed to prevent a projectile fired from a firearm at a target from going beyond the boundaries of the area, by use of a backstop or other barrier that is designed to completely stop the projectile or prevent a potentially dangerous ricochet.
SETBACK. The minimum yard specified.
SIGHT TRIANGLE. The area formed by measuring from the point of intersection of two lot lines a distance of 25 feet along each lot line and connecting the points so established to create a triangle with at least one side abutting street right-of-way.
STORY.
(1) The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
(2) A basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed in the premises.
STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use. A HALF STORY containing living quarters shall be counted as a full story.
STREET. Any public or private thoroughfare which affords the principal means of access to abutting property.
STREET, INTERSECTING. Any street which joins another street at an angle, whether it crosses the other.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground, or which is attached to something having a location on the ground.
SWIM or TENNIS CLUB. A private recreational club where swimming, tennis, and other related uses take place, available only to private specific membership. All private swimming and/or tennis clubs shall be properly lit, screened, and be open during regular business hours.
SWIMMING POOL, COMMERCIAL. A structure located either indoors or outdoors and designed to be primarily used for swimming or other related recreational or athletic purposes, generally open to the public with an admission fee.
SWAP MEET, FLEA MARKET, and OTHER SIMILAR USES. A collection or group of stalls, booths, tables or other similar arrangement, used by individual vendors, for the display and sale of various items of new or used personal property, either inside a building or outside in the open.
TATTOO and/or BODY PIERCING SHOP. An establishment where the tattooing or piercing of human body parts is administered.
TELECOMMUNICATION FACILITIES. The site, structures, equipment and appurtenances used to
transmit, receive, distribute, provide, or offer wireless telecommunications services. This includes but is not limited to antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronics and switching equipment.
TEMPORARY EMPLOYMENT SERVICES- DAY LABOR BUSINESS. Any enterprise engaged in
procuring temporary employment for individuals who arrive and/or wait at the premises in which the temporary employment business is located on a regular basis for work assignments or transportation to a work site. Such use shall be prohibited in the C-H District and on any property having frontage along the NW 39th Street Expressway. If such use requires parking, a Conditional Use Permit must be obtained.
TRANSITIONAL LIVING FACILITY. Shelter provided for persons for an extended period, where the space is re-occupied by another program recipient after a set period. Generally, the housing is integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing. Not for the housing of inmates.
TREATMENT FACILITY. An institution designed for the care and rehabilitation of patients suffering from drug and/or alcohol abuse or related problems. This definition shall have the same meaning as defined in 43A O.S. § 3-403 pertaining to the Alcohol and Drug Abuse Services Act.
UNLIGHTED PRIVATE TENNIS COURT. A tennis court located within the rear yard of a private residence. To safeguard the amenity of residential areas against the adverse effects associated with the use of a private tennis court, an application for special review must be submitted and reviewed by planning staff.
USABLE OPEN SPACE. The portion of a lot which is open; not allocated to off-street parking spaces, parking areas, streets or any public dedication and unoccupied and unobstructed, provided that patios, natural landscaping and recreational facilities shall not be deemed obstructions.
VEHICLE. A self-propelled mechanical device designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, trucks, buses and motorcycles.
VEHICLE STORAGE. A service facility for the long-term storage of operative cars, trucks, buses, recreational vehicles, and other motor vehicles, for clients. Does not include auto salvage yards.
VETERINARY HOSPITAL. A type of animal care facility where common household pets are provided with preventative care and/or are treated for illness, injury, or disease, but does not include animal shelters.
WAREHOUSE. A building or portion thereof used for storage of any merchandise, stock, furnishings or vehicles of a business of any kind, except that of storage area operated in conjunction with a retail business located on the same property shall not be a warehouse.
WAREHOUSE, MINI. A building or portion thereof used exclusively for storing the excess personal property of an individual or family when such is not located on the lot with their residence, such as a passenger automobile, house trailer, motorcycle, boat, camper or other items of personal property generally stored in residential accessory buildings, exclusive of any merchandise, stock, furnishings or business vehicles of any kind.
WASTEWATER TREATMENT PLANT. A utility facility for the collection and treatment of sanitary sewage and storm water through mechanical, chemical and biological processes for the purpose of improving the quality of wastewater.
WHOLESALE OR WAREHOUSE ENTERPRISE. Establishments engaged in the storage and sale of commercial goods or commodities, usually in bulk, for purchasers other than individual customers. Examples include the wholesale distribution of furniture, household goods, farm supplies, and electrical, plumbing, heating and air conditioning supplies and equipment, but not to include freight distribution centers, large storage facilities or the use of delivery trucks in the routine operation of the business.
YARD. A space at grade between a building on a lot and the adjoining lot line as measured by the shortest horizontal distance between the lot line and the primary building.
YARD, FRONT. The yard extending across a lot between the side lot lines and established according to the first one of the conditions below which applies, the conditions being prioritized in descending order.
(1) For planned or existing commercial or industrial uses, it is the yard adjacent and parallel to a major street or expressway if the lots abut such a facility;
(2) It is the yard adjacent and parallel to the street upon which the lot has its shortest dimension; or
(3) It is the yard indicated as the front on the subdivision plat filed of record.
YARD, MINIMUM. The smallest yard that shall remain unoccupied, unobstructed and without infringement by any structure on a lot.
YARD, REAR. The yard(s) at the opposite end of the lot from the front yard and extending across the lot between the side lot lines.
YARD, SIDE. All yards on a lot other than front and rear yards and extending across the lot between the front and rear lot lines.
ZONING ADMINISTRATOR. Community Development Director.
ZOO. A facility owned and operated for a fee, where live animals, birds and reptiles are housed and displayed.
(Prior Code, § 13-602) (Ord. 1211, passed 4-20-82; Am. Ord. 1253, passed 10-4-83; Am. Ord. 1452, passed 10-3-89; Am. Ord. 1508, passed 1-18-94; Am. Ord. 1673, passed 7-2-02; Am. Ord. 1678, passed 9-3-02; Am. Ord. 1687, passed 11-5-02; Am. Ord. 1753, passed 6-21-05; Am. Ord. 1758, passed 1-17-06; Am. Ord. 1759A, passed 2-7-06; Am. Ord. 1847, passed 4-19-10; Am. Ord. 1862, passed 4-17-12; Am. Ord. 1974, passed 8-6-19)