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For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the plural, and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory.
ACCESSORY BUILDING: A building customarily incidental and subordinate to the main building and located on the same lot with the main building,
ACCESSORY USE: A use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same premises.
ADVERTISING SIGN OR STRUCTURE: Any material or structure of any character whatsoever, placed for outdoor advertising in any manner whatsoever. Neither directional, warning nor other signs posted by public officials in the course of their public duties shall be construed as "advertising signs" for the purpose of this title.
AGRICULTURE: The use of land for the production of crops and livestock including greenhouses and nurseries for the raising of plants and sale of farm products raised on the premises but shall not be construed to mean the commercial processing of farm products.
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.
BASEMENT: A story partly or wholly underground. For purposes of height measurement, a "basement" shall be counted as a story if more than one-half (1/2) 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 on the premises.
BOARDING HOUSE: A dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals, and/or lodging and meals, are provided for three (3) or more persons.
BODY PIERCING: The procedure in which an opening is created in the human body for the sole purpose of inserting jewelry or other decoration, excepting ear piercing.
BUILDING: Any structure intended for shelter, housing, or enclosure for persons, animals or chattels.
BUILDING LINE OR BUILDING SETBACK LINE: A line or lines designating the area outside of which buildings may not be erected.
BUILDING, MAIN: A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a "main building" on the lot on which it is situated.
CHILDCARE CENTER OR DAY NURSERY: Any place or home operated by an individual or an organized group which cares for three (3) or more children under twelve (12) years of age on a regular basis for compensation. This definition shall not include public or private schools or kindergartens or state or federal institutions.
CLINIC: An office or group of offices devoted to diagnosis and treatment of physical or mental illness, treatment of injury, or ministering to dental or optical needs, but which does not provide patients with board or room overnight.
CLUB: A nonprofit association of persons who are bona fide members, paying regular dues, and organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMPREHENSIVE PLAN: The official city plan of Davis, Oklahoma.
CONVALESCENT HOME, NURSING HOME OR REST HOME: A home for the aged, recuperating, chronically ill, or incurable persons, in which two (2) or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation.
COUNCIL: The city council of the city of Davis.
COVERAGE: The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs, except as specified under subsection 11-5-2B of this title.
DISTRICT: Any section or sections of the city of Davis for which the regulations governing the use of land and the use, density, bulk, height, and coverage of buildings are uniform.
DWELLING: Any building or portion thereof which is designed or used as living quarters for one or more families.
DWELLING, MULTI-FAMILY: A dwelling designed for occupancy by three (3) or more families living independently of each other, but not including auto or trailer courts or camps, hotels, or resort type hotels.
DWELLING, SINGLE-FAMILY: A dwelling designed to be occupied by one family.
DWELLING, TWO-FAMILY: A dwelling designed for occupancy by two (2) families living independently of each other.
DWELLING UNIT OR LIVING UNIT: One or more rooms designed for or used for the total living needs of one family.
FAMILY: One or more persons occupying a living unit as an individual housekeeping organization as distinguished from a group occupying a boarding house, lodging house or hotel.
FLOOR AREA OR FLOOR SPACE: The sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior faces of the exterior walls or from the centerlines of walls separating two (2) buildings.
FRONTAGE: The distance for which property abuts one side of a street, road, highway or other public way measured along the dividing line between the public way and private property.
GARAGE APARTMENT: A dwelling for one family erected as part of a private garage.
GARAGE, PRIVATE: A detached accessory building or a portion of the principal building used or intended for use by the occupants of the premises for storage of passenger vehicles, trucks or trailers.
GARAGE, PUBLIC: Any garage, other than a private garage, available to the public, used for the care, servicing, repair, or equipping of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.
GASOLINE OR SERVICE STATION: Any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels, or other automobile accessories, and incidental services including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles, but not including painting, major repair or automatic automobile washing or the sale of butane or propane fuels.
HEIGHT: The vertical measurement of any building or structure on any parcel of land measured from the average elevation of the lot or parcel to the uppermost gable, facade, or cornice.
HEIGHT LIMIT: The limit of height as imposed in this title for any structure or building or permitted use within the zoning district.
HOME BUSINESS: Any occupation conducted for profit by an individual or family at his place of residence.
HOME OCCUPATION 1 : Any occupation or profession carried on by the inhabitants which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided, that no merchandising is carried on and in connection with which there is no display of merchandise or sign other than one nonilluminated nameplate not more than two (2) square feet in area attached to the main or accessory building, and no mechanical equipment is used or activity is conducted which creates an objectionable level of noise, dust, odor or electrical disturbance beyond the confines of the lot on which said occupation is conducted, and there is no unsightly accumulation of junk or used parts. It is further provided that a "home occupation may employ on the premises no one outside the family residing in the dwelling; except, that a doctor or dentist with an office within the home may employ one nurse or trained technician. A barbershop, tea room or restaurant, rest home, clinic, childcare center, tourist home or motel or a metal or auto repair shop shall not be deemed a "home occupation". See also section 11-11-4 of this title for further definition.
HOSPITAL: A building or portion thereof used for the accommodation of sick, injured or infirm persons, and providing meals and night accommodation as a matter of course.
HOTEL: A building or group of buildings under one ownership containing six (6) or more sleeping rooms occupied or intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including an auto or trailer court or camp, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.
INDUSTRY: Manufacture, preparation, treatment, storage or repair of any article, substance, or commodity for commercial use.
KENNEL 2 : Any lot or premises on which four (4) or more dogs, more than six (6) months of age are kept.
LAUNDROMAT OR HELP YOURSELF LAUNDRY: A laundry providing home type washing, drying and ironing machines for hire to be used by the customers on the premises.
LOADING DOCK OR SPACE: An off street space or berth, on the same lot with the building, for the parking of a commercial vehicle while loading or unloading merchandise or materials.
LOT: A plot or parcel of land adequate for occupancy by a use herein permitted if it provides the yards, area, and off street parking herein required and fronts directly upon a street.
LOT AREA: The total horizontal area included within the lot lines.
LOT, CORNER: A lot which has at least two (2) adjacent sides abutting on a street; provided, that the interior angle at the intersection of such two (2) sides is less than one hundred thirty five degrees (135°).
LOT DEPTH: The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE: Any side or boundary of a lot where it abuts upon another lot or upon a street or an alley right of way.
LOT OF RECORD: A separate parcel on a legally recorded subdivision plat or a legally recorded deed filed in the records of Murray County, Oklahoma.
MOBILE HOME: A portable or mobile living unit, to include a house trailer, recreational vehicle or bus used or designed as a residence, business or industrial location and hooked up to utilities.
NONCONFORMING USE: A building or structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated. This use was in effect at the time this title was adopted, amended, or as is otherwise provided in the zoning ordinance.
OFF STREET PARKING: Space reserved for the parking of motor vehicles or conveyances off the street.
OPEN SPACE: That portion of any lot which is not covered by buildings, which is open and unobstructed to the sun and sky except for the ordinary projection of cornices and eaves or porches.
PARKING SPACE: A sealed and dust free space at least eight and one-half feet by twenty feet (81/2' x 20'), exclusive of driveways or accessways.
PERMITTED USE: A use of a structure or a parcel of land allowed by the use regulations of the district in which it is located.
ROOMING HOUSE: A dwelling where rooms are let to three (3) or more persons but not over twenty (20) persons, usually by the week or month. Structures housing more than twenty (20) persons must be classed as a hotel.
SETBACK: The minimum distance back from a property line where buildings may be constructed.
SIGN, TEMPORARY: Sign used to advertise the premises for sale, rent, or lease.
STORY: That portion of a building, other than an uninhabited basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF: A space under a sloping roof which, at a height of three feet (3') above the floor, does not exceed two-thirds (2/3) of the floor area of the story immediately below and which does not contain an independent apartment.
STREET: Any public right of way over twenty feet (20') wide which affords the principal means of access to abutting property.
STREET, COLLECTOR: Residential streets designed to carry traffic from minor streets to major streets.
STREET, MAJOR: An arterial street which is designated on the thoroughfare plan and is designed to carry traffic between cities and to connect the various segments of the city.
STREET, MINOR: Any street not designated as a major or a collector street, intended primarily to provide access to residential areas.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground.
TATTOOING: The practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment, excepting medical micropigmentation performed pursuant to the medical micropigmentation act.
TOURIST COURT OR MOTEL: An area containing one or more buildings designed or intended to be used as temporary sleeping facilities of one or more transient persons or families and intended primarily for automobile transients.
TRAILER PARK OR MOBILE HOME PARK: A parcel of land not less than two (2) acres in size, under single ownership, which has been designed or improved or is intended to be used or rented for occupancy by two (2) or more trailer houses or mobile homes.
VARIANCE: Any modification of the terms of this title as applied to a specific property.
YARD: An open space at grade between a building and the adjoining lot lines. In measuring a yard for the purpose of determining the width or depth of the front, side, or rear yards, the least horizontal distance between the lot line and the main building shall be used.
YARD, FRONT: A yard located in front of the front elevation of a building and extending across the lot between the side yard lines and being between the front property line and the main building or any projection thereof other than steps.
YARD, REAR: A yard extending across the rear of a lot and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the "rear yard" shall be considered as parallel to the street upon which the lot has its least dimension. However, on both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDE: A yard between the building and the side line of the lot and extending from the nearest front yard line to the nearest rear yard line and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps.
ZONING MAP: The adopted zoning map of the city of Davis together with all amendments. (Ord., 2-6-1978; amd. Ord. 394, as amended 4-8-2002; 2004 Code; Ord. 468, 3-12-2007)
1. See also section 11-11-4 of this title.
2. See also subsection 6-5-9C of this code.