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 future tense; words in the singular 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 OR STRUCTURE: A building or structure which is subordinate and accessory to the principal structure on the same lot and is used for purposes customarily incidental to those of the principal use or structure. If a building or structure is attached to a principal building, it shall be considered a part thereof and not an accessory structure unless structure is separated from the principal structure or is connected to such principal structure only by means of a porch, breezeway, passageway, garage or carport. An accessory building or structure:
A. Shall be used exclusively by the occupants or owners of the main structure on the property site.
B. Shall not be permitted for sleeping quarters or living space use.
C. Shall not be permitted for conduct of business, whether for profit or otherwise.
D. May allow for one-half (1/2) bath and utility sink, except three-fourths (3/4) bath is allowed for pool house facility.
E. Shall not include a kitchen.
F. Must be located in the rear yard or side yard of the property site only.
ACCESSORY USE: A use customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the same lot therewith.
ADULT DAYCARE CENTER OR CENTER: A facility which provides basic daycare services to unrelated impaired adults for more than four (4) hours in a twenty four (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. The terms "adult daycare center" or "center" shall not include retirement centers and senior citizen centers.
ADVERTISING SIGN OR STRUCTURE: Any cloth, card, paper, metal, glass, wooden, plastic, plaster, stone sign or other sign, device or structure of any character whatsoever, including a statuary, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure shall be determined as the area of the largest cross section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties nor merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this chapter.
AGRICULTURAL BUILDING: A structure on agricultural land designed, constructed and used to house farm implements, livestock, or agricultural products or produce used by the owner, lessee, or sublessee engaged in the storage, pick up or delivery of agricultural animals, produce or products grown or raised on the premises. This term does not include dwellings.
AGRICULTURAL PRESERVE: Land designated for conservation of agricultural land and uses to protect the agricultural land base by regulating nonfarm uses and prohibiting urban residential density subdivisions and housing or other retail, commercial and industrial uses. This district is designed to apply to those areas within the city limits beyond planned or foreseeable connection to municipal water and/or sewer systems.
AGRICULTURE: The process of growing or using plants and animals for production of legal commodities. The use of land for agricultural purposes including pasture, farming, dairying, horticulture, floriculture or in the commercial production of crops, fish hatcheries or aquaculture. Also for the purposes of this chapter, the keeping of livestock for commercial or noncommercial purposes is defined as an agricultural use. Livestock includes, but is not limited to, poultry and hoofed animals such as cattle, horses, swine, goats, and sheep. Also included in this definition of agricultural uses are agricultural accessory buildings, and sales of agricultural products grown or raised on the premises. This shall not include animal rendering plants, hide production, commercial slaughtering of animals or commercial feedlots for marketing.
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.
APARTMENT HOUSE: A dwelling designed to be occupied by three (3) or more families living independently of each other; see also definition of Dwelling, Multiple.
AUTOMOBILE: A self-propelled mechanical vehicle 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, motor scooters and motorcycles.
BASEMENT: A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when 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.
BED AND BREAKFAST: A secondary or accessory use of a residential single-family dwelling allowing guest lodging and service of a single breakfast meal to resident guests.
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 (3) or more, but not exceeding twelve (12) persons on a weekly or monthly basis.
BODY PIERCING ESTABLISHMENT: An establishment whose business activity is the practice of the piercing of a part of the human body for the purpose of wearing jewelry in the opening created. This restriction does not apply to ear piercing.
BUILDING: Any structure intended for shelter, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate building.
BUILDING 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 the average height of the highest gable of a pitch or hip roof.
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.
BUILDING SITE: A single parcel of land under one ownership, occupied or intended to be occupied by a building or structure.
COVERAGE: The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.
DAYCARE:
A. "Daycare home (family daycare home)" means any place, home, or institution which receives seven (7) or less children under the age of eighteen (18) years for less than thirty (30) hours per week who are not of common parentage for care apart from their parents, legal guardian or custodian.
B. "Daycare center" means any place, home or institution which receives eight (8) or more children under the age of eighteen (18) years for more than thirty (30) hours per week who are not of common parentage for care apart from their parents, legal guardian or custodians.
C. "Daycare home" and "daycare center" shall not apply to the following:
1. Care provided in the child's own home or by relatives;
2. Informal arrangements which parents make with friends or neighbors for the occasional care of their children;
3. Programs in which school aged children are participating in home schooling;
4. Programs operated during typical school hours by a public school district;
5. Programs operated during typical school hours by a private school that offers elementary education in grade kindergarten through third grade;
6. Summer youth camps for children at least five (5) years of age that are accredited by the American Camping Association or other national standards setting agency or church camp accreditation program;
7. Programs in which children attend on a drop in basis and parents are on the premises and readily accessible;
8. Nursery schools, kindergartens or other facilities whose purpose is primarily educational, recreational or medical and which operate part day childcare programs which provide care and supervision for eight (8) or more children for fifteen (15) hours per week;
9. Facilities whose primary purpose is medical treatment.
DISTRICT: Any section or sections of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class or kind of building therein.
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: A detached dwelling designed to be occupied by three (3) or more families living independently of each other, exclusive of hotels or motels.
DWELLING, SINGLE-FAMILY: A detached dwelling designed to be occupied by one family.
DWELLING, TWO-FAMILY: A detached dwelling designed to be occupied by two (2) families living independently of each other.
EXCESS SEWER CAPACITY: Equals the net value of the capacity calculated using Manning's formulas, of the most restrictive sewer pipe segment located in the same minisystem in which the proposed sewer connection is to be made, minus the sum of the existing and calculated contributing peak flows from all existing sewer mains tributary to the most restrictive sewer pipe segment and all potential development of land tributary to this same point, respectively. Excess sewer capacity shall be determined from data acceptable to the city engineer provided by the requesting party.
FAMILY: One or more persons related by blood, marriage or adoption, or a group of not to exceed five (5) persons (excluding servants), not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club or similar dwelling for group use. A family shall not be deemed to include domestic servants employed by the family.
GARAGE APARTMENT: A dwelling unit for one family erected above a private garage.
GARAGE, PARKING: Any building, or portion thereof used for the storage of four (4) or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.
GARAGE, PRIVATE: An accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests of the building to which it is accessory.
GARAGE, PUBLIC: Any garage other than a private garage, available to the public, where vehicles are parked or stored for remuneration, hire or sale.
GARAGE, REPAIR: A building in which are provided facilities for the care, servicing, repair or equipping of automobiles.
GASOLINE SERVICE OR FILLING 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.
GRAVITY FLOW SEWER: The portion of the sanitary sewer system comprised of pipes, manholes and cleanouts that relies on the force of gravity to collect and transport sewage from the point of connection with the building sewer to the point of discharge. Specifically does not include pumps, force mains or other systems that transport sewage using artificially developed pressure such as pump systems.
GROUP HOME: A dwelling occupied by more than five (5) and less than ten (10) unrelated individuals living as a single nonprofit household when sponsored by a not for profit corporation and so recognized by the state of Oklahoma, department of human services.
HIGHWAY 7 CORRIDOR OVERLAY DISTRICT: The CO Highway 7 corridor overlay district is intended to provide visual and scenic protection regulations along the Highway 7 corridor through the city to promote a visually appealing and compatible quality of development for existing and future citizens, investors, developers and travelers. The regulations of the underlying base zoning district or districts remain applicable, except as modified, extended or restricted by this overlay district.
HOME OCCUPATION: Any occupation carried on solely by the inhabitants of a dwelling 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 trading in merchandise is carried on and in connection with which there is no display of merchandise or advertising 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 except as is customary for purely domestic or household purposes. A beauty or barber shop, tearoom or restaurant, rest home or clinic, doctor's or dentist's office, childcare center, tourist home, or cabinet, metal or auto repair shop shall not be deemed a home occupation.
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 trailer court or camp, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.
KENNEL 1 : Includes a cattery and means any premises wherein a person, firm or corporation engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
The definition of a kennel shall exclude persons or household members who own one dog and/or one cat for breeding purposes for personal ownership and/or sale of puppies and/or kittens.
KITCHEN: Having all three (3) of the following appliances:
A. Sink.
B. Refrigerator.
C. Built in countertop cooking facilities.
Additional appliances such as dishwasher or microwave ovens that may be combined with any two (2) or three (3) of the above appliances to constitute a kitchen. "Wet bars" are defined as utilizing a sink and/or refrigerator only, with the refrigerator not over six (6) cubic feet in size.
LOT: Any plot of land occupied or intended to be occupied by one main building, or a group of main buildings, and accessory buildings and uses, including such open spaces as are required by this chapter and other laws or ordinances, and having its principal frontage on a street. A lot may be replatted, or it may be a building site comprised of parts of platted lots or of more than one platted lot.
LOT AREA: The total area measured on a horizontal plane, included within lot lines.
LOT, CORNER: A lot which has at least two (2) adjacent sides abutting for their full lengths 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 average 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 FRONTAGE: That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINES: The lines bounding a lot.
MEDICAL FACILITIES: Any of the following:
Convalescent, Rest Or Nursing Home: A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.
Dental Clinic Or Medical Clinic: A facility for the examination and treatment of ill and afflicted human outpatients, provided that patients are not kept overnight except under emergency conditions.
Hospital: An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities and staff offices which are an integral part of the facilities.
Offices For Dentists, Doctors, Oculists, Optometrists, Osteopaths And Chiropractors: The same as dental or medical clinic.
Public Health Center: A facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.
Sanatorium: An institution providing health facilities for inpatient treatment or treatment and recuperation making use of natural therapeutic agents.
NONCONFORMING USE: A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.
OFF STREET PARKING SPACE: A parking space not on or extending over any public easement or right of way.
PARKING SPACE: A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with a permanently surfaced driveway connecting the parking space with a street or alley.
PROPANE, BULK STORAGE: The storage of LPG in large tanks, when found throughout this part, bulk storage as a permitted use and/or a use permitted on review, shall mean the storage and/or warehousing of the LPG product designated for commercial or industrial application.
PROPANE, DISPENSARY: Dispensary, or dispensing stations, are large LPG tanks that are designed to service/fill portable LPG tanks. Typically these portable LPG tanks are, but not limited to, propane grill tanks, forklift cylinders, and roof cylinders. These tanks can typically hold up to two thousand (2,000) gallons.
PROPANE, LIQUEFIED PETROLEUM GAS: When found throughout this part, liquefied petroleum gas listed as a permitted use and/or a use permitted on review, shall mean, and be limited to, the retail sale of LPG containers that are sold from an exterior steel cabinet that is lockable. These LPG tanks are serviced/filled off site. This is commonly known as a cylinder exchange program for LPG containers.
PROPANE WHOLESALE: The selling of LPG in large quantities to be retailed by others.
REASONABLY ACCESSIBLE: 3-103E of the DPUA rules and regulations.
ROADSIDE STAND: Any structure or land used for the sale of agricultural or horticultural produce, livestock or merchandise produced by the owner or the owner's family on their farm.
ROOMING HOUSE: A building where lodging only is provided for compensation to three (3) or more, but not exceeding twelve (12) persons; a building which has accommodations for more than twelve (12) persons shall be defined as a "hotel" under the terms of this chapter.
SALVAGE YARD, AUTOMOBILE: Any property upon which there are stored or kept two (2) or more unlicensed, inoperable, wrecked or junked motor vehicles except in conjunction with a body shop; provided, however, that this shall not prohibit the storage or keeping of not more than two (2) such vehicles on a residential property when within the rear yard and screened from sight of adjacent properties, streets or alleys or the keeping of more than two (2) such vehicles when within an enclosed building.
SANITARY SEWERAGE DISPOSAL SYSTEM: The network of sewers, together with sewage lift stations, and all appurtenances necessary for the collection of sewage, to include treatment works.
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.
STABLE, PUBLIC: A stable other than a private stable, with a capacity for more than two (2) horses or mules.
STORY: That portion of a building, other than a 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 has the line of intersection of roof decking and wall face not more than three feet (3') above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.
STREET: Any public or private thoroughfare which affords the principal means of access of abutting property.
STREET, INTERSECTING: Any street which joins another street at an angle, whether or not it crosses the other.
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 which is attached to something having a location on the ground.
TATTOO PARLOR ESTABLISHMENT: An establishment whose business activity is 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.
TOURIST COURT: 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.
TOURIST HOME: A dwelling in which sleeping accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation.
TRAILER COURT OR MOBILE HOME PARK: A parcel of land under single ownership which has been designed or improved or is intended to be used or rented for occupancy by more than one house trailer or mobile home.
TRAILER HOME, MOBILE HOME OR HOUSE TRAILER: A portable or mobile living unit used or designed for human occupancy on a permanent basis.
TRAILER HOME OR MOBILE HOME SPACE: A plot of ground within a trailer court designed for the accommodation of one mobile home.
TRAILER, TRAVEL OR CAMPING:
Boat: A vehicle for traveling in or on the water not exceeding thirty feet (30') in body length, eight feet (8') in width, or eleven feet (11') in overall height. Height includes the trailer if the boat is mounted on a trailer. A vehicle meeting the above definition except for size is not deemed incidental to the dwelling unit.
Recreational Vehicle: A vehicular unit not exceeding forty feet (40') in body length, eight feet (8') in width, or eleven feet (11') in overall height, primarily designed as a temporary living quarters for recreational, camping, or travel use; it either has its own motive power or is designed to be mounted on or drawn by another vehicle. Recreational vehicle includes motor homes, truck campers, travel trailer and camping trailer. A vehicle meeting the above definition except for size is not deemed incidental to dwelling unit.
YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest 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 line and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.
YARD, REAR: A yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. 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 front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building. (Prior code § 16-7; amd. Ord. 1254, 12-17-1985; Ord. 1414, 12-26-1996; Ord. 1427, 2-25-1997; Ord. 1509, 7-25-2000; Ord. 1531, 8-14-2001; Ord. 1558, 2-25-2003; Ord. 1559, 2-25-2003; Ord. 1640, 10-24-2006; Ord. 1680, 10-27-2009; Ord. 1695, 2-8-2011; Ord. 1698, 8-9-2011; 2015 Code; Ord. 1757, 8-23-2016)
Notes
| 1 | 1. See also section 4-102 of this code. |