For the purpose of this chapter, 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 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 subordinate building or a portion of the main building located on the same lot as the main building, the use of which is incidental to that of the dominant use of the building or premises.
ACCESSORY USE: Use customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the same lot therewith.
ADULT ENTERTAINMENT USES: As follows:
A. Adult Amusement Or Entertainment: Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing, or relating to sexual conduct or sexual anatomical areas, including, but not necessarily limited to, topless or bottomless dancers, strippers, male or female impersonators, or similar entertainment.
B. Adult Bookstore: A place of business having a significant portion of its stock-in-trade books, films, magazines, printed material, and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or sexual anatomical areas.
C. Adult Motel: A place of business wherein material is presented, as part of the motel service, via closed circuit TV or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or sexual anatomical areas.
D. Adult Motion Picture Arcade: A place of business where slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images which, when displayed, are distinguished or characterized by an emphasis on depicting or describing sexual conduct or sexual anatomical areas.
E. Adult Motion Picture Theater: A place of business, generally in an enclosed building, used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or sexual anatomical areas.
F. Adult Novelty Shop: A place of business that displays, sells, or offers for sale instruments, devices, or paraphernalia designed or marketed primarily for use to stimulate human genital organs or for use in connection with sadomasochistic practices.
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.
AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. The operation of commercial feed pens, sales yards, and auction yards for horses, cattle or hogs shall be deemed an industrial and not an agricultural use.
ALLEY: A public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.
ANIMAL FEEDING OPERATION: Any lot or facility (other than an aquatic animal production facility) where the following conditions are met:
A. Animals have been, are, or will be stabled or confined and fed or maintained for a total of forty five (45) days or more in any twelve (12) month period, and
B. Crops, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.
C. Two (2) or more animal feeding operations under common ownership are considered, for the purposes of this law, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.
APARTMENT HOUSE: See definition of Multiple-Family Dwelling.
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.
AUTOMOBILE 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, handwashing and cleaning, or otherwise servicing automobiles, but not including painting, major repair or automatic automobile washing of more than one bay, or the sale of butane or propane fuels.
BAR: Those establishments operating under the licensing requirements for the sale of three and two-tenths percent (3.2%) beer by the Oklahoma ABLE commission (see also definition of Tavern).
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 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.
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 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 any residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.
CHILDCARE CENTER: Any place, home or institution which receives three (3) 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, 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 the churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are in services or meetings or classes or other church activities.
CLUB: Those establishments operating as a mixed beverage outlet as licensed by the Oklahoma ABLE commission.
COMMUNITY BASED CARE FACILITY: Any public, quasi-public or private care facility which due to the area requirements, traffic generation, light or noise generation have the potential for seriously impacting the surrounding land uses. Typical uses include convalescent or nursing homes, drug or alcohol treatment centers, work-release facilities, community shelters and feeding sites, hospitals and sanatoriums.
COVERAGE: The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs, including carports.
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.
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.
FAMILY: One or more persons occupying the premises and living as a single housekeeping unit. It is distinguished from a group occupying a boarding house, lodging house, club, sorority or fraternity, hotel, motel or other transient or seasonal facility.
FAMILY GROUP HOME: The same as "family home" but the residential capacity is seven (7) to fifteen (15).
FAMILY HOME: A public, quasi-public or private facility that because of the nature and scale of the program is compatible with a residential setting. Individuals may occupy the facility on a permanent or temporary basis. Residents may be in need of supervision or treatment and may be mentally or physically handicapped, aged, disabled or undergoing rehabilitation. Residents may be assigned to the facility by a court but not as a result of being adjudicated criminal or delinquent. The maximum number of residents is six (6). Typical uses include home for neglected or dependent children, home for mentally or physically handicapped, transitional living center, battered spouse shelters.
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, REPAIR: A building in which are provided facilities for the care, servicing, repair, or equipping of automobiles.
HIGH IMPACT INSTITUTIONAL: Any public, quasi-public or private facility which due to the area requirements, traffic generation, light and noise generation or nature of intended activities has the potential for major impact on surrounding land uses. Typical uses include colleges, forced detention centers or correctional facilities, military installations or universities.
HOME OCCUPATION: A use conducted within an occupied residential property provided that:
A. Restricted To Family Members: No person other than members of the family residing on the premises shall be engaged in such occupation on the premises.
B. Accessory Use: The accessory use for the property shall be clearly incidental and subordinate to its use for residential purposes. The home occupation may be conducted within the dwelling unit or an accessory building. The home occupation shall occupy the lesser of twenty five percent (25%) of the gross floor area of the residential structure not to exceed five hundred (500) square feet.
C. Building Appearance: The primary and secondary buildings shall appear residential in nature.
D. Nameplates: One nonilluminated nameplate not more than four (4) square feet in area attached to the main or accessory building.
E. Traffic Generation: No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
F. Equipment Or Process Limitations: No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, electrical interferences detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
G. Limitation On Signs: Whenever the name of a home occupation is posted on a receptacle for receiving mail, it shall be posted with letters not to exceed two inches (2"). It shall be unlawful to have any other names, illustrations, displays or insignias placed on, around or near the mail receptacle that will in any way make more noticeable or draw attention to the home occupation or shall change the character of the neighborhood.
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: Any lot or premises on which are kept four (4) or more dogs, more than six (6) months of age.
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.
LOT AREA: The total area measured on a horizontal plane included within lot lines.
LOT AREA, GROSS: The method of calculating lot area to include abutting street right of way or easement. Applicable in the A-1 general agriculture district and A-2 suburban district for all permitted agricultural or residential uses with a minimum lot size of five (5) acres including abutting street right of way or easement.
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 LINES: The lines bounding a lot.
LOT SPLIT: The simple division of a single parcel of land into three (3) or fewer lots, principally for the purpose of transferring ownership.
MANUFACTURED HOME: A dwelling unit constructed to be towed on its own chassis and capable of connection to utilities for year-round occupancy fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure with transport features removed, bearing a seal certifying that it is built in compliance with the federal manufactured housing construction and safety standards code.
MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS: The standards for the construction, design and performance of a manufactured home as mandated in the United States of America and as administered by the United States department of housing and urban development.
MEDICAL FACILITIES: A. Convalescent, Rest, Or Nursing Home: A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.
B. 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.
C. Dental Office Or Doctor's Office: Same as dental or medical clinic.
D. 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 services facilities, and staff offices which are an integral part of the facilities.
E. 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.
F. Sanatorium: An institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.
MOBILE HOME: A portable or mobile living unit used or designed for human occupancy on a permanent basis.
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 one or more mobile homes.
MOTEL: An area containing one or more buildings designed or intended to be used as temporary sleeping facilities for one or more transient persons or families and intended primarily for automobile transients.
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.
PWECS: Private wind energy conversion systems.
RECREATION VEHICLE: All vehicles and portable structures built on a chassis, designed as a temporary living unit during travel, recreational, and vacation activities.
RIGHT OF WAY: A strip of land dedicated in fee simple or by easement to be 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, or for another public utility or special use.
RIGHT-OF-WAY LINE: A boundary or dividing line between a lot, tract or parcel of land and a contiguous street easement. Also it is a line between public and private ownership responsibility.
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.
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.
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.
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 to 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.
TAVERN: Those establishments operating under the licensing requirements for the sale of three and two-tenths (3.2%) beer by the Oklahoma ABLE commission (see also definition of Bar).
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, HAULING: A vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods, or commodities, including boats.
TRAILER, TRAVEL OR 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.
TRAVEL OR CAMPING TRAILER PARK OR CAMP: A parcel of land under single ownership which has been designed or improved or is intended to be used or rented for occupancy by one or more travel trailers or camping trailers or other camping unit either attached to or detached from the prime mover.
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 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. (Ord. 1990-17, 8-16-1990; amd. Ord. 1991-12, 8-13-1991; Ord. 1994-10, 4-1-1994; Ord. 1994-15, 5-19-1994; Ord. 1995-12, 10-19-1995; Ord. 1996-3, 3-7-1996; Ord. 1997-9, 6-19-1997; Ord. 1997-13, 9-4-1997; Ord. 2008-5, 5-15-2008)