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For the purpose of this title, 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 number shall include the plural number, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory.
ACCESSORY BUILDING OR USE: A building, structure or use, which is subordinate to the main building, which serves a purpose clearly incidental and related to the main building, and is located on the same lot as the main building. An "accessory building" may include, but is not limited to, a private garage, storage building, carport, playhouse, or greenhouse. An "accessory structure or use" may include, but is not limited to, a satellite dish or antenna, swimming pool, or tennis court.
ADULT ENTERTAINMENT USE: Amusement or entertainment use which is distinguished by an emphasis on acts or material depicting, describing or relating to "sexual conduct" or "specified anatomical areas" including, but not limited to, topless or bottomless dancers, seminude dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.
AIR RIGHTS: The rights to a space above a property.
AIRSPACE: 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 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 OR MULTIPLE-FAMILY DWELLING: A single detached dwelling designed for, and occupied by, three (3) or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels and flats, but not including auto or trailer courts or camps, hotels or resort type hotels.
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.
BOARDING HOUSE: A dwelling other than a hotel where, for compensation and by prearrangement for a definite period, meals or lodging are provided for three (3) or more, but not exceeding twelve (12), persons.
BUILDING: Any structure intended for shelter, housing or enclosure of persons, animals or chattel. When separated by dividing firewalls without openings, each portion of such structure so separated shall be deemed a separate structure.
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 to 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 a 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.
CARPORT: A permanently roofed structure, open on at least two (2) sides, designed for, or occupied by, a private passenger vehicle.
CHILDCARE CENTER: Any place, home or institution which receives eight (8) or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this state for custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or engaged in church activities.
CHILDCARE ESTABLISHMENT: A home occupation, licensed by the Oklahoma department of human services, that provides for the care of no more than seven (7) children under the age of sixteen (16) years, apart from their natural parents, legal guardian or custodians, when received for regular periods of time and for compensation. A childcare establishment may employ one additional person other than the inhabitants of the home.
CHILDCARE, LARGE FAMILY: A residential family home, licensed by the Oklahoma department of human services, which provides care and supervision for eight (8) to twelve (12) children for part of the twenty four (24) hour day.
COLLECTOR STREET: A street which filters traffic from local streets before their capacity is exceeded.
COMMERCIAL MEDICAL MARIJUANA GROW FACILITY: A lot, building, or structure, or combination thereof, licensed by the Oklahoma Medical Marijuana Authority to grow marijuana but excluding the retail sale of said plants on the premises.
CONDOMINIUM: A multiple unit structure in which the tenant holds full title to his unit and joint ownership in a share of the land and/or other common property of the structure.
CONTAINERS: Containerization (or containerisation) is a system of intermodal freight transport using standard ISO (international organization for standardization) containers known as shipping containers, ITUs (intermodal transport units or isotainers) or any other freight container that can be loaded and sealed intact onto container ships, railroad cars, planes, and trucks.
DEVELOPMENTAL DISABILITY 1 : A severe chronic disability that: is attributable to a mental or physical impairment or combination of mental and physical impairments; is manifested before the person attains age twenty two (22); is likely to continue indefinitely; results in substantial functional limitations in three (3) or more of the following areas of major life activity: self-care, learning, mobility, self-direction, capacity for independent living, economic self-sufficiency; and reflects the person's need for combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are lifelong or of extended duration and are individually planned and coordinated.
DISTRICT: Any section or sections of Enid, Oklahoma, for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.
DWELLING: Any building, or portion thereof, which is designed or used as living quarters for one or more families, but not including house trailers.
DWELLING, COOPERATIVE: A multi-family development operated by and for its occupants. Individual occupants do not hold full title to their specific housing units, but own shares in the enterprise.
DWELLING, MULTIPLE-FAMILY: A dwelling designed for occupancy by three (3) or more families living independently of each other, exclusive of 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 to be occupied by two (2) families living independently of each other.
EASEMENT: A grant by the property owner to the public, a corporation, or persons, of the use of a strip of land for specified purposes.
FAMILY: One person or more persons related by blood or marriage, including adopted children, 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 be deemed to include domestic servants employed by said family.
FLOOR AREA RATIO: The gross area of building(s) divided by the gross area of a lot or parcel.
FRONT ELEVATION: The side of a main building on a lot or parcel of land that contains its principal entrance.
GARAGE APARTMENT: A dwelling unit for one family erected above a private garage.
GARAGE, PRIVATE: An accessory building or a part of a main building used for storage purposes only for not more than three (3) automobiles, or for a number of automobiles which does not exceed two (2) times the number of families occupying the dwelling unit to which the garage is accessory, whichever number is greater.
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, SERVICE OR FILLING STATION: Any area of land, including structures thereon, that is used for the retail sales of gasoline or oil fuels, butane or propane fuels, or other automobile accessories, and which may or may not include facilities for lubrication, washing, cleaning or otherwise servicing automobiles, but not including the painting thereof.
GOLF COURSE: Not to include a miniature golf course or commercial driving range.
GROSS AREA: All lot or parcel area including one-half (1/2) of the right of way of any abutting street.
GROSS DENSITY: The number of dwelling units divided by the gross area.
GROUP HOME: A facility, licensed by the state of Oklahoma, providing housing and habilitative services to persons with developmental disabilities. For purposes of zoning, a group home providing housing and habilitative services to five (5) or fewer persons not including staff shall be considered a single family.
HABILITATION: Procedures and interventions designed to assist a developmentally disabled individual achieve greater physical, mental and social development by enhancing the well being of the person and teaching skills which increase the possibility that a resident of a group home will make progressively independent and responsible decisions about social behavior, quality of life, job satisfaction and personal relationships.
HELP YOURSELF LAUNDRY: A laundry providing home type washing, drying, and ironing machines for hire to be used primarily by the customers on the premises. This includes coin operated machines for dry cleaning purposes also.
HOME OCCUPATION: Any occupation or profession carried on by the inhabitants, which shall exclude any additional employees, which shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, which shall not change the character thereof, which shall be conducted entirely within the main or accessory buildings; provided, that no trading in merchandise shall be carried on and in connection with which there shall be no display of merchandise or sign other than one nonilluminated nameplate not more than four (4) square feet in area attached to the main or accessory building and in which no mechanical equipment shall be used or activity shall be conducted which creates any noise, dust, odor, or electrical disturbance beyond the confines of the lot on which said occupation is conducted. The conducting of any occupation or profession, which exceeds the standards above, shall not be defined as a home occupation.
HOTEL: A building or group of buildings under one ownership containing six (6) or more sleeping rooms, 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.
IMAGINARY SURFACES: A three dimensional geographic area comprising approach and departure airspace corridors and surrounding navigable airspace that the United States Department of Defense and Federal Aviation Administration have designed to graphically show the airspace that requires protection from vertical obstructions. From the imaginary surfaces comes a set of height restrictions that are based upon the runways and the types of aircraft that utilize said runways. The height restrictions are measured utilizing as a baseline the established airport elevation (EAE). The EAE for Vance Air Force Base is one thousand three hundred seven feet (1,307') above sea level. The EAE for Woodring Regional Airport is one thousand one hundred sixty seven feet (1,167') above sea level.
ITINERANT MERCHANT; TRANSIENT VENDOR: Any person, whether as owner, agent, consignee or employee, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses, or occupies any building, structure, motor vehicle, tent, or public or private parking lot, or other place within the City, for the exhibition and sale of such goods, wares, and merchandise, either privately or at public auction; provided, that such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this title merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer. "Itinerant merchant" shall also include transient merchants and itinerant vendors.
JUNK: Used, broken, discarded, or abandoned materials. This shall include wood, paper, glass, rags, rubber, metal, concrete, or other personal property, whether of value or valueless. It shall also include automobiles or machines of any type and/or parts thereof, which are no longer in operable condition.
JUNKYARD OPERATION: The sale, storage, display, dismantling, and demolition of "junk" as defined in this section.
KENNEL: Any lot or premises on which more than five (5) dogs, cats, or potbellied pigs in any combination thereof, more than six (6) months of age, are kept.
LOCAL STREET: A street which serves primarily to provide direct access to abutting property, has the lowest level of mobility, and service to through traffic movement is deliberately discouraged.
LOT: Any plot of land occupied, or intended to be occupied, by one building, or group of buildings, and its accessory buildings and uses, including such open space as required by this title and other laws or regulations, and having its principal frontage on a street.
LOT AREA: Total horizontal area included within lot lines.
LOT, CORNER: A lot of which at least two (2) adjacent sides abut for their full lengths on a street; provided, that the interior angle at the intersection of such sides is less than one hundred thirty five degrees (135°). For the purposes of this definition, the front and rear elevations of a residence erected in a corner lot in the two-family or four-family districts may face the side lot lines in accordance with regulations of this title.
LOT, DOUBLE FRONTAGE: A lot which runs through a block from street to street and which has two (2) nonintersecting sides abutting on two (2) or more streets.
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" as defined herein.
Convalescent, Rest Or Nursing Home: A health facility where persons are housed and furnished with meals and continuing care for compensation.
Dental Clinic Or Medical Clinic: A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight, except under emergency conditions.
Dental Office Or Doctor's Office: Same as "dental clinic or medical clinic".
Hospital: An institution providing health services primarily for human inpatients, 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 office which are an integral part of the facilities.
Public Health Center: A facility primarily utilized by a health unit for the provision of 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 medical treatment or treatment and recuperation using natural therapeutic agents.
MINOR ARTERIAL: A street which carries traffic from collector streets to principal arterial streets, and provides service to trips of moderate length.
MOBILE OR MANUFACTURED HOME 2 : A structure, transportable in one or more sections which, in a traveling mode, measures eight feet (8') or more in width and/or forty feet (40') in length and/or, when erected on a site, is three hundred twenty (320) or more square feet in floor area, and which is manufactured on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation, when connected to required utilities. This definition shall not include the term "modular home", which is a manufactured structure utilized for residential purposes, transportable in one or more sections, which is lacking a chassis and is intended to be located only upon a permanent foundation.
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.
PARKING SPACE: A space located on private property which is 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 and permitting ingress and egress of an automobile.
PERSONAL SELF-SERVICE RENTAL STORAGE OR MINISTORAGE: A building or series of buildings, containing not less than ten (10) enclosed storage spaces for rent to the public and designed to provide private storage for personal use. Such storage spaces shall not exceed eight hundred (800) square feet. Ministorage structures shall not be located on any Commercially zoned tract, parcel, or lot of land comprising less than one acre. "Personal self-service rental storage or ministorage" shall not be construed to include commercial and/or industrial warehouses.
PLANT NURSERY: A lot, building, structure, or combination thereof, on which trees, plants, or shrubs are raised for delivery and sale to commercial greenhouses, but excluding the retailing of said plants on the premises. A structure used for a plant nursery cannot exceed the requirements specified in the Building Code for an accessory building or private garage. It does not include the growing of marijuana by a commercial medical marijuana grower due to the state regulations that require security measures to prevent unauthorized entrance and restrictions on minors entering the property.
PRINCIPAL ARTERIAL: A street especially designed for through traffic or the capability of moving a high volume of traffic.
PRINCIPAL BUILDING OR PRINCIPAL STRUCTURE: A building or structure or, where the context so indicates, a group of buildings or structures, in which the principal use of a lot or parcel is conducted. This shall include any buildings which are attached to the principal structure by a covered structure.
PRINCIPAL USE: The main use of land or structures, as distinguished from a secondary or accessory use.
PRIVATE CLUBHOUSE: A building or grounds, the principal use of which is recreational, including culinary and bathing uses, but excluding temporary or permanent residence for sleeping facilities, and the sale of intoxicating beverages.
ROOMING HOUSE: A building where lodging only is provided for compensation to three (3) or more, but not exceeding twelve (12), persons; all in excess of this number shall be defined as a "motel" under the terms of this title.
SEXUAL CONDUCT: A. The fondling or other touching of human genitals, pubic area, buttocks or female breasts;
B. Ultimate sexual acts, normal or perverted, actual or simulated, including intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or if such person be a female, breast;
D. Excretory functions as part of, or in connection with, any of the activities set forth in subsections A through C of this definition.
SMALL WIRELESS FACILITY: A wireless facility that meets the following qualifications:
A. A height of no greater than fifty feet (50') above ground level,
B. Each antenna of the wireless provider could fit within an enclosure of no more than six (6) cubic feet in volume, and
C. All other wireless equipment associated with the wireless facility, whether ground- or pole- mounted, is cumulatively no more than twenty eight (28) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch and vertical cable runs for the connection of power and other services.
SPECIFIED ANATOMICAL AREAS:
A. Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola;
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
STORM CELLAR: An enclosed structure located at or below grade designed for protection from dangerous windstorms.
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 be no floor above it, then the space between the floor and the ceiling next above it.
STREET: Any public thoroughfare which affords the principal means of access to abutting property.
STRUCTURAL ALTERATION: 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. This includes, but is not limited to, carports, advertising signs, billboards, and poster panels.
TEMPORARY INDUSTRIAL WORK FORCE HOUSING: Temporary manufactured housing units with dormitories, laundry facilities, recreation halls, commercial kitchens and dining facilities to support a temporary labor force.
TOURIST COURT: An area containing one or more structures designed or intended to be used as temporary sleeping facilities of one or more transient families and intended primarily for automobile transients.
TOWNHOUSE: Single-family dwelling units on platted lots detached, semidetached, or attached structures connected by a common wall but held individually by separate ownership.
TRAILER, CAMPING: A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants.
TRAILER, MOBILE HOME OR TRAILER HOME OR HOUSE TRAILER: A portable or mobile living unit used or designed for human occupancy on a permanent or year round basis.
VERTICAL OBSTRUCTION: Objects or structures, natural or manmade, that exceed a specified height above the ground and extend into protected airspace of an airfield.
WAREHOUSE, COMMERCIAL: A building used for the storage of commercial products prior to distribution to retail outlets and located on a parcel of land of not less than one-half (1/2) acre.
YARD: An open space at grade between a building and adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except for an authorized accessory building or where otherwise specifically provided in this title. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard and of the depth of a rear yard, 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 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. The front yard setback line represents the line in front of which no building or structure may be erected, other than steps, fireplaces, storm cellars, unenclosed porches, marquees, balconies, and signs as provided for in this title. In the four- family and multi-family zoning districts, a front yard on an interior lot may be the yard extending from the front elevation of a building to a side lot line; provided, that the yard setback which has its full frontage on a public street is not less than twenty feet (20').
YARD, REAR: A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear 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 lines 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. Steps, fireplaces, air conditioning units, signs, storm cellars, unenclosed porches, and unenclosed balconies may extend into a side yard. (Ord. 2013-4, 2-5-2013; amd. Ord. 2019-12, 3-6-2019; Ord. 2019-13, 5-6-2019; Ord. 2020-10, 7-7-2020)
1. See also section 10-5-2 of this code.
1. See also definition of "mobile home" in section 9-12-2 of this Code.