For the purpose of this title, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as hereinafter set forth. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word "herein" means "in this title"; the word "regulations" means "this title"; a "person" includes a corporation, a partnership and an incorporated association of persons such as a club; "shall" is always mandatory; a "building" includes a "structure"; a "building" or "structure" includes any part thereof; "used" 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".
AIR RIGHTS: The rights to a space above a property, for development, usually for a dissimilar use.
AIR SPACE: The space above the land which might be subject to division and sale either with, or separate from, the surface.
ALLEY: A minor right of way, dedicated to public use, from which a secondary means of access to the back or side of properties abutting a street may be obtained (not intended for general traffic circulation), and which may be used for public utility purposes.
BLOCK: A parcel of land, intended to be used for development purposes, which is entirely surrounded by public streets, highways, railroad rights of way, public walks, parks, rural lands, drainage channels or boundary lines of municipalities, and not traversed by a through street.
BOND: Any form of security, including a cash deposit, surety bond, collateral, property or instrument of credit, in an amount and form satisfactory to the city council. All bonds shall be approved by the city council whenever a bond is required by this title.
BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattel or movable property of any kind (including any structure). When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.
BUILDING CODE: A collection of regulations, adopted by the city council, setting forth standards for the construction of buildings and other structures, for the purpose of protecting the health, safety and welfare of the public.
BUILDING OR SETBACK LINE: A line or lines within a lot designating the area outside of which buildings may not be erected.
BUILDING PERMIT: Permit required before construction can be initiated. Building permit provisions are contained in title 9, chapter 2 of this code.
CHANNEL: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
CITY: The city of Elgin, Comanche County, Oklahoma.
CITY CODE: The officially adopted "city code" of the city of Elgin.
CITY COUNCIL: The official governing body of the city.
CLUSTER DEVELOPMENT: A development pattern in which uses are "clustered" rather than spread evenly throughout a parcel as in conventional lot by lot development. (Cluster development is used to preserve open space, create workable land use mixtures and save money by building fewer streets and shorter utility lines.)
COMPREHENSIVE OR COMMUNITY PLAN: The officially adopted community plan or plans for the city, which provide(s) long range development policies for the area subject to urbanization in the foreseeable future.
CONSTRUCTION PLANS: Maps or drawings accompanying a subdivision plat, showing the specific location and design of required subdivision improvements.
DEDICATION: The transfer of property from private to public ownership, under adopted subdivision regulations, as a condition of subdivision plat approval.
DEDICATION, FEE IN LIEU OF: Payments of cash, authorized and provided for in adopted subdivision regulations, when requirements for mandatory dedication of land cannot be met because of site conditions or other reasons.
DENSITY: The number of families, persons or housing units per acre of land.
DRAINAGEWAY: Any depression below the surrounding land, serving to give direction to a regular or periodic current of water.
EASEMENT: A grant by the property owner to the public, a corporation or persons, of the use of a strip of land for specific purposes.
EROSION: The general process whereby soils are removed or moved by flowing surface or subsurface water.
FLOOD HAZARD AREA: The maximum area of the floodplain that, on the average, is likely to be flooded once every one hundred (100) years (i.e., that has 1 percent chance of being flooded in any given year).
FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal water, or the unusual and rapid accumulation or runoff of surface water from any source.
FLOODPLAIN: The areas adjoining a river, stream or other body of water which have been or may be hereafter covered by floodwater.
FLOODPLAIN MANAGEMENT PROGRAM: The full range of codes, ordinances and other regulations, projects and programs relating to the use of land and construction within the limits of the floodplain. The term encompasses the city zoning ordinance, subdivision regulations and sanitary and building codes.
FRONTAGE: That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but not the ordinary side of a corner lot.
GRADE: The slope of a road, street or other public way, specified in percentage terms.
IMPROVEMENTS: Street pavements, curbs, pedestrianways, water mains, sanitary and storm sewers, monuments, trees and other appropriate items for which the city may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which city responsibility is established. All such improvements shall be properly bonded, in accordance with the provisions of this title.
INTENSITY: The degree to which land is used (often used synonymously with "density").
LOT: A parcel of land, intended as a unit for the transfer of ownership or for development, of at least sufficient size to meet minimum zoning ordinance requirements for use, coverage and area, and to provide such yards and other open spaces as are required. Such lot shall have frontage on a public street and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of record; or
D. A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any lot or parcel be created which does not meet the requirements of this title or the city adopted zoning ordinance.
LOT AREA: The total horizontal area included within lot lines.
LOT, CORNER: A lot located at the intersection of, and abutting on, two (2) or more streets.
LOT DEPTH: The average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.
LOT, DOUBLE FRONTAGE: A lot which runs through a block from street to street and has nonintersecting frontage on two (2) or more streets.
LOT FRONTAGE: That dimension of a lot, or portion of a lot, abutting on a street, except the side dimension of a corner lot.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE ADJUSTMENT: A relocation of the lot lines of two (2) or more lots included in a plat which is filed of record, for the purpose of making necessary adjustments to building sites.
LOT LINES: The lines bounding a "lot", as defined herein.
LOT, MOBILE HOME: A parcel or tract of land for the placement of a single mobile home and for the inclusive use of its occupants.
LOT OF RECORD: A separate and distinct parcel of land, designated on a legally recorded subdivision plat or a legally recorded deed filed in the records of the Comanche County Courthouse.
LOT, REVERSE FRONTAGE: A double frontage lot which is designed to be developed with the rear yard abutting a major street and with the primary means of access provided on a minor street.
LOT SPLIT: Any division of land by metes and bounds description into two (2) or more parcels for the purpose, whether immediate or future, of transfer of ownership, and which constitutes a "subdivision", as herein defined.
LOT, TOWNHOUSE: A lot shown on a townhouse plat and intended as the site of a single, attached dwelling unit.
MANUFACTURED HOUSING: A dwelling unit fabricated on or after June 15, 1976, in an off site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the federal manufactured housing construction and safety standards code. The three (3) types of manufactured housing are defined as meeting all of the requirements listed below, and are to be considered separate from mobile or modular housing:
A. Type I manufactured housing shall:
1. Have more than one thousand (1,000) square feet of occupied space in a typically double section or larger multi-section unit, with a minimum width of twenty feet (20');
2. Be placed onto a permanent foundation, and be anchored to the ground, in accordance with the city foundation code or other adopted foundation requirements, and the manufacturer's specifications;
3. Utilize a permanent perimeter enclosure, in accordance with municipally approved installation standards;
4. Have wheels, axles and hitch mechanisms removed;
5. Have all utilities connected, in accordance with the appropriate municipal codes and the manufacturer's specifications;
6. Have siding material of a type customarily used on site built residences in the community and neighborhood;
7. Have roofing material of a type customarily used on site built residences in the community and neighborhood;
8. Have a one hundred (100) square foot (minimum), attached, covered and/or enclosed parking garage, which is compatible with other housing in the immediate area; all parking and driveway areas shall be hard surfaces;
9. Have legitimate front and rear doors; and
10. Have a minimum eave width of six inches (6").
B. Type II manufactured housing shall:
1. Have more than seven hundred twenty (720) square feet of occupied space in a single, double, expando or multi-section unit (including those with add a room units);
2. Be placed onto a permanent foundation, and be anchored to the ground, in accordance with the city foundation code or other adopted foundation standards, and the manufacturer's specifications;
3. Utilize a permanent perimeter enclosure, in accordance with municipally approved installation standards;
4. Have wheels, axles and hitch mechanisms removed;
5. Have utilities connected in accordance with appropriate municipal codes and the manufacturer's specifications;
6. Have siding material of a type customarily used on site built residences in the community and neighborhood;
7. Have roofing material of a type customarily used on site built residences in the community and neighborhood;
8. Have a one hundred (100) square foot (minimum), attached, covered and/or enclosed parking garage, which is compatible with other housing in the immediate area; all parking and driveway areas shall be hard surfaced;
9. Have legitimate front and rear doors; and
10. Have a minimum eave width of six inches (6").
C. Type III manufactured housing shall:
1. Have more than four hundred (400) square feet of occupied space, in a single, double, expando or multi-section unit (including those with add a room units);
2. Be placed onto a support system, in accordance with municipally approved installation standards;
3. Be enclosed with foundation siding or skirting, in accordance with municipally approved installation standards;
4. Be anchored to the ground, in accordance with the manufacturer's specifications and the city's appropriate, adopted code; and
5. Have utilities connected, in accordance with appropriate city requirements and the manufacturer's specifications.
METES AND BOUNDS: A system of describing and identifying land, by measures (metes) and direction (bounds), from an identifiable point of reference.
MOBILE HOME: Any single-family dwelling designed for transportation on streets and highways on its own wheels or on flatbed or other trailers (both highway and rail) and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to utilities and similar operations.
MOBILE HOME PARK: Unsubdivided land or property which is used, or intended to be used, or rented for occupancy by two (2) or more mobile homes, trailers or movable sleeping quarters of any kind.
MOBILE HOME SUBDIVISION: A unified development of mobile home lots which has been subdivided for the purpose of individual ownership, and which is governed by the provisions of this title, the adopted subdivision regulations, and this code.
MODULAR HOME: A factory fabricated, transportable building unit, not built on a permanent chassis, designed to be used by itself or to be incorporated with similar units on a permanent foundation. The term is intended to apply to major assemblies and does not include prefabricated subelements incorporated into a structure at the site. A modular unit will be considered as a permanent, detached, single-family dwelling unit, and therefore, different from a "mobile home", if it meets all of the following requirements:
A. The manufacturer of the unit must certify that the structure is designed only for erection or installation on a site built permanent foundation. A "site built permanent foundation" is a system of supports, including piers, either partially or entirely below grade, which is:
1. Capable of transferring all loads imposed upon the structure into soil or bedrock without failure;
2. Placed at an adequate depth below grade to prevent frost damage; and
3. Constructed of concrete, steel, treated lumber or grouted masonry.
B. The manufacturer must certify that the structure is not designed to be moved once erected or installed on a site built permanent foundation.
C. The manufacturer must certify that the structure is designed and manufactured to comply with the residential code for one- and two-family dwellings.
D. The manufacturer must certify that, to the manufacturer's knowledge, this structure is not intended to be used other than on a site built permanent foundation.
MONUMENT OR MARKER: A subdivision improvement, designed to provide permanent survey reference points within a subdivision, which may be of one of three (3) types:
A. Type A: A noncorrosive metal plate set in portland cement or asphaltic concrete;
B. Type B: Iron bar or pipe set in concrete; or
C. Type C: Iron bar set in unexcavated soil.
100-YEAR FLOOD: A flood of a frequency expected to occur on the average of once every one hundred (100) years or a flood magnitude which has a one percent (1%) chance of occurring in any given year.
PARCEL: A lot or contiguous group of lots, in single ownership or under single control, and usually considered as a unit for purposes of development.
PEDESTRIANWAY: A right of way dedicated to public use to facilitate pedestrian access to streets and properties.
PLANNED RESIDENTIAL DEVELOPMENT: A form of development usually characterized by a unified site design for a number of housing units, and incorporating such techniques as clustering structures, providing common open space, density increases and a mix of building types and land uses. (This permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot by lot basis.)
PLANNING COMMISSION: The municipal planning commission of the city.
PLAT, FINAL: A map of a land subdivision, and any required accompanying material, prepared in a form suitable for filing of record, with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas and other dimensions of land.
PLAT, PRELIMINARY: A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.
PLAT, SKETCH: A sketch of a proposed development, submitted to the planning commission prior to the preliminary plat, to enable the subdivider to illustrate the subdivision's general nature and allow the city and the subdivider to work out basic problems with the proposal.
PRIVATE OR RESTRICTIVE COVENANTS: A private legal restriction on the use of land, contained in the deed to the property, or otherwise formally recorded.
RESUBDIVISION: A change in an approved or recorded subdivision plat, if such change affects any street layout, lot line or area reserved thereon for public use, or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling a subdivision.
RIGHT OF WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or another special use. The usage of the term "right of way" for land platting purposes shall mean that every right of way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right of way and not included within the dimensions or areas of such lots or parcels. Rights of way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right of way is established.
ROADWAY: That portion of any street so designated for vehicular traffic; where curbs are in place, that portion of the street between the curbs.
SEDIMENTATION: Processes that operate at or near the surface of the ground to deposit soils, debris and other materials, either on other ground surfaces or in water channels.
SOLAR COLLECTOR:
A. Any device or combination of devices or elements which rely upon sunshine as an energy source. The term also includes any substance or device which collects solar energy for use in:
1. The heating or cooling of a structure or building;
2. The heating or pumping of water;
3. Industrial, commercial or agricultural processes; or
4. The generation of electricity.
B. A solar collector may be used for purposes in addition to the collection of solar energy. These uses include, but are not limited to, serving as a structural member, or part, of a roof of a building or structure and serving as a window or wall.
SOLAR RIGHT: A right to an unobstructed line of sight path from a solar collector to the sun, which permits radiation from the sun to impinge directly on the solar collector.
START OF CONSTRUCTION: The first placement of permanent construction on a site, such as the pouring of footings or any work beyond the stage of excavation. For a structure without a basement of poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation, or the affixing of any prefabricated structure or mobile home to its permanent site. Permanent construction does not include: land preparation, land clearing, grading or filling or excavation for basement, footings, piers or foundations; or erection of temporary forms; or the installation of piling under proposed subsurface footings; or installation of sewer, gas and water pipes, or electric or other service lines from the street; or existence on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not a part of the main structure. In flood hazard areas only, "start of construction" shall include all of the above.
STREET: Any public or private right of way which affords the primary means of access to abutting property.
STREET CLASSIFICATION: For the purpose of providing for the development of all trafficways and rights of way in the city, and for their future improvement, reconstruction, realignment and necessary widening, each existing trafficway and right of way has been designated in the Elgin comprehensive plan of the city, and classified therein. The classification of each street, highway, road and right of way is based upon its location in the respective zoning districts of the city, its present and estimated future traffic volume and its relative importance and function, as specified in the city's community plan. The required street and sign improvements shall be measured as set forth for each classification in the adopted subdivision regulations and/or the city's community plan.
STREET, COMMERCIAL OR INDUSTRIAL: A street which abuts property zoned for commercial or industrial use and which is designed to provide access to those parcels so designated.
STREET, HALF: Any street platted twenty five feet (25') or more in width, where, at the time of the approval of the plat, it is the intent of the city council that said street dedication shall constitute only a part of the total street easement width.
STREET, MAJOR: An arterial street which is so designated in Elgin's major streets plan and is designed to carry intercity traffic and to relate the various neighborhoods or residential areas. Major streets shall be classified as follows:
Limited Access Highway: A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property or lands, and other persons, have no legal right to access to or from the same, except at such points and in such manner as may be determined by the Oklahoma state highway department.
Primary Arterial Or Thoroughfare: A roadway intended to move through traffic to and from major traffic generators or as a route for traffic between communities or employment centers.
Secondary Arterial Or Thoroughfare: A road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic generating areas, or a road which may be designated to carry traffic from collector streets to the system of primary arterials.
STREET, MINOR: Any street other than one designated as a major street in Elgin's major streets plan, but not including alleys. Minor streets shall be classified as follows:
Collector Street: A street collecting traffic from other minor streets; serves as the most direct route to a major street or community facility and should be designed so that no residential properties front onto it.
Court: A secondary designation following a street name, used only when street alignment is such that a short street is created that does not warrant a new street name.
Cul-De-Sac: A street having one end open to vehicular traffic and one closed end, terminated by a turnaround.
Dead End Street: A street, similar to a cul-de-sac, but providing no turnaround at its closed end.
Frontage Or Service Street: A street auxiliary to, and located on, the side of a major street for service to abutting properties and adjacent areas and for control of access.
Local Street: A street primarily providing access to and from abutting property and serving only occasional through traffic.
Place: A secondary designation following a street name, used only when street alignment is such that a short street is created that does not warrant a new street name.
STREET, PERIMETER: Any existing street to which the parcel of land to be subdivided abuts on only one side.
SUBDIVIDER OR DEVELOPER: Any person, firm, partnership, corporation or other entity acting as a unit, subdividing, proposing to subdivide or resubdividing land as herein defined, including all changes in street or lot lines.
SUBDIVISION: The division or redivision of land (vacant or improved) or air space, into two (2) or more lots, tracts, parcels, sites, areas, units or plots, any one of which, when divided, has an area of less than ten (10) acres, for the purpose of transfer of ownership or for development, or the dedication, vacation or realignment of any public or private right of way easement. Subdivisions shall be classified as follows:
A. Major: All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of four (4) or more lots, or any size subdivision requiring any new street or extension of city facilities, or the creation of any public improvements.
B. Minor: Any subdivision containing not more than three (3) lots fronting on an existing street, not involving any new street or road, or the extension of city utilities or facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the community plan, zoning ordinance or this title. A "lot split" or "lot line adjustment" shall be considered a minor subdivision.
C. Mobile Home: A unified development of mobile home lots, which has been subdivided for the purpose of individual ownership, and which is governed by the provisions of this title, the city adopted zoning ordinance and this code.
D. Nonresidential: A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of this title.
SUBDIVISION REGULATIONS: The officially adopted subdivision regulations for the city, designed to provide standards for the subdivision of land within the jurisdictional area of the planning commission of the city.
TEMPORARY IMPROVEMENT: Improvements built and maintained by a subdivider during construction of the subdivision, prior to the release of the performance bond, or its equivalent.
TOWNHOUSE: One of a series of two (2) or more attached dwelling units, separated from one another by continuous, vertical walls without openings from basement floor to the roof deck and tight against the same or through the roof, and which are intended to have ownership transferred in conjunction with a platted lot.
TREE CROWN: The outside diameter of a tree's branches.
WAY: Any street, avenue, highway, boulevard, road or alley reserved and/or dedicated for public or private use, chiefly by vehicular or pedestrian traffic.
ZERO LOT LINE: A development approach in which a building may be sited on one or more lot lines (conceivably, 3 of the 4 sides of the building could be on the lot lines), in order to allow more flexibility in site design and to increase the amount of usable open space on the lot.
ZONING ORDINANCE: The officially adopted zoning ordinance for the city. (Ord. 1-10-85, 1-10-1985, eff. 2-10-1985; amd. Ord. 13-09, 7-9-2013)