For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In the event of conflict between any terms and definitions as established by state law or Department of Health regulations, the definition promulgated by the state or Department of Health shall prevail.
ACCESS. A means of vehicular or pedestrian approach, entry or exit from property.
ACCESSORY.
(1) When used in combination with the following words:
(a) BUILDING(S). A detached building(s) containing an accessory use and located on the same lot as the primary building, provided all accessory buildings on a lot shall not exceed in size 240 square feet.
(b) USE(S). A use(s) on the same lot as the primary use which is different from and customarily associated with the primary use, and which use has dedicated to it not more gross floor area than permitted in division (1)(a) of this definition.
(2) Examples, not inclusive:
Primary Building and Use | Accessory Building and Use |
Dwelling-Habitation | Carport-Vehicle Storage |
Dwelling-Habitation | Workshop-General |
Dwelling-Habitation | Greenhouse-Cultivation |
Dwelling-Habitation | Dwelling-Home Occupation |
ADULT DAY CARE CENTER. A facility which provides basic day care services to unrelated, impaired adults for more than four hours in a 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. ADULT DAY CARE CENTER does not include retirement centers and senior citizen centers.
ADULT ORIENTED BUSINESS. Any business activity which offers the opportunity to view specified sexual activity or view, or touch, for entertainment, specified anatomical areas. Such definition further includes, but is not limited to, adult arcade, adult bookstore/film store, adult cabaret, adult lounge, adult motel or hotel, adult retail store, and an adult theater.
AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal 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 normal agricultural activities. The term shall not include agricultural industries such as commercial poultry or swine production, cattle or swine feed lots, fur bearing animal farms, commercial greenhouses, commercial fish or poultry hatcheries and other similar activities.
AIRPORT or LANDING FIELD. A facility used for the LANDING, take-off or taxiing of aircraft.
ALCOHOLIC BEVERAGE ESTABLISHMENTS. An establishment other than a restaurant, licensed to sell ALCOHOLIC BEVERAGES for consumption on premises; that limits patronage to adults of legal age for consumption of ALCOHOL; and in which limited food service may be accessory to the service of ALCOHOLIC BEVERAGES. Drinking ESTABLISHMENTS may include but are not limited to taverns, saloons, breweries, bars, pubs or cocktail lounges associated with restaurants.
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.
AMUSEMENT, COMMERCIAL INDOOR. An amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not audible at the bounding property line and including, but not limited to, a bowling alley or billiard parlor.
AMUSEMENT, COMMERCIAL OUTDOOR. Any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open, including, but not limited to, a golf driving range, archery range and miniature golf course.
APPLICANT. The owner of land proposed to be subdivided or the owner’s representative who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises for all applications for subdivision review
ART GALLERY. A building where art such as paintings, sculptures or other works are exhibited and/or sold to the public.
AUTOMOBILE REPAIR GARAGE. Establishments primarily engaged in general automotive repair, including, but not limited to, engine, transmission and motor repair shops, service garages, tire shops, glass replacement shops and body repair shops.
AUTO STORAGE or AUTO AUCTION. Establishments primarily engaged in the storage and wholesale distribution of new and used passenger automobiles, trucks, trailers and other motor vehicles, but not including machinery wrecking establishments or junkyards.
BASE FLOOD ELEVATION. The elevations shown on the flood insurance rate map (FIRM) that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year.
BED AND BREAKFAST INN. An owner-occupied housing unit with fewer than six individual guest rooms where short-term lodging and meals are provided for compensation.
BLOCK. An area enclosed by streets and occupied by or intended for buildings, as a term of measurement, BLOCK shall mean the distance along a side of a street lying between and adjoining two intersecting streets.
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 or more, but not exceeding 20 persons, on a weekly or monthly basis.
BREWERY, CRAFT BREW. An individually owned establishment primarily engaged in brewing beer for distribution.
BREWERY, LARGE SCALE. Establishments primarily engaged in brewing beer, ale, malt liquors and nonalcoholic beer for wholesale distribution.
BUFFER. A strip of land with a fence, wall or landscaping that provides a visual barrier between uses.
BUILDING. Any structure intended for shelter, housing or enclosure for persons, animals or chattel.
BUILDING LINE. A line parallel to the street right-of-way line designating the minimum distance from the street right-of-way line that a structure may be erected.
BUILDING AND LANDSCAPING MATERIALS SALES YARD. A retail establishment selling hardware, lumber and other large building materials, plant materials and other landscaping materials. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales.
BULK STANDARDS. Specifications that provide minimum building setbacks, and maximum building height, building coverage and floor area ratio requirements.
BUS STATION OR TERMINAL. Establishments primarily engaged in the operation of motor vehicle passenger terminals and of maintenance and service facilities, not operated by companies that also furnish motor vehicle passenger transportation.
CARETAKER OR EMPLOYEE HOUSING. A detached secondary housing unit that is used for persons employed on the premises, where the principal commercial, industrial or institutional use of the site involves operations, equipment or other resources that require 24-hour oversight.
(1) Such housing shall be occupied exclusively by the caretaker and/or employee and not for rent or use as a separate housing unit by persons other than those employed on the premise.
(2) The Planning Commission must find that the principal use on the site requires the continual supervision of a caretaker, superintendent or watchman.
CARPORT.
(1) Any accessory building constructed in conjunction with the use of a single-family or two- family dwelling and which is:
(a) Over a paved driveway;
(b) Abutting the dwelling to which it is accessory;
(c) Unenclosed, except for the one side abutting the dwelling;
(d) No more than 25 feet in total length, both within and outside the front setback; and
(e) No wider than 12 feet for a single garage and/or driveway or no wider than 24 feet for a double garage and/or driveway.
(2) No more than one carport shall be permitted for each dwelling unit.
CATERING ESTABLISHMENT. A business that prepares and delivers food for consumption on the premises of a client. Does not include mobile food vendors.
CHARITABLE OR PHILANTHROPIC INSTITUTIONS. A private, tax-exempt organization whose primary function is to provide either health, social, recreational, religious or benevolent services, or research or educational activities in areas of benefit to the public such as health, medicine or conservation of natural resources. Does not include an organization for the purpose of operating a trade or business or whose primary purpose or function is promoting the economic advancement of its members, such as a professional or trade association or a labor union.
CHURCH. A facility operated by a religious organization used exclusively as a place of worship or for the promotion of religious activities, including accessory uses on the same site. Examples of these types of facilities include churches, mosques, synagogues and temples. Examples of allowable accessory uses on the same site include living quarters for ministers and staff, and facilities for child day care and religious instruction.
COLLEGE or UNIVERSITY. An academic institution of higher learning accredited or recognized by the state and offering a program or series of programs of academic study.
COMMERCIAL MEDICAL MARIJUANA GROW AND/OR PROCESSING FACILITY. Any medical marijuana growing, or processing facility licensed by the state to grow or process medical marijuana in excess of 12 plants. GROWING includes the cultivation, manufacturing, processing, packaging and distribution of marijuana and marijuana products. PROCESSING includes, but not limited to drying, cleaning, curing, packaging, and extraction of active ingredients to create medical marijuana, medical marijuana products or concentrates.
COMMUNITY CENTER. A public institution owned and operated by a governmental body for the social or recreational uses, health or welfare of the community served.
COMMUNITY DIGEST. Please see COMPREHENSIVE PLAN.
COMPREHENSIVE PLAN. A periodically updated series of documents that unifies all elements and aspects of urban planning. This plan reflects the best judgment of the staff, Planning and Zoning Commission and sets a policy for zoning and subdivision decisions. This Plan indicates the general locations recommended for various land uses, transportation routes, public buildings, streets, parks and other public and private developments and improvements. This plan has historically been called the COMMUNITY DIGEST.
CONSTRUCTION PLAN. Detailed final construction drawings indicating street, alley, water, wastewater, drainage or the layout of other installations.
COUNTRY CLUB, PRIVATE. An area of 20 acres or more containing a golf course, a clubhouse and associated uses available only to private specific membership.
COVERAGE. The ratio of the gross floor area of all buildings on a lot, including the area covered by all overhanging roofs in excess of two feet, to the lot area.
CREMATORY. A facility licensed by the State Board of Embalmers and Funeral Directors for the disposal of human remains by cremation, dehydration, combustion or other similar means.
DAY CAMP FOR CHILDREN. A facility arranged and conducted for the organized recreation and instruction including outdoor activities on a daytime basis.
DAY-CARE CENTER. Family day-care homes and nurseries.
DEDICATION. The transfer in ownership of a parcel of land, right-of-way or improvement to the town or other public entity without compensation.
DEED. A legal document that states conveyance of title to real property.
DENSITY. The average number of housing units per parcel of land generally expressed as “dwellings per acre”.
DEVELOPER. Any person, entity or corporation who subdivides a tract or parcel of land to be sold or handled for his or her own personal gain or use.
DISPENSARY STORE. An establishment licensed by the State Department of Health and the town pursuant to 63 O.S. § 421A, which allows the retail sale of marijuana, or marijuana derivatives in the form provided by licensed processors, as well as other products, including paraphernalia and clothing, to be sold to qualifying patients or their caregiver.
DISTRICT. A zoning district created herein.
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-FAMILY. A dwelling designed to be occupied by three or more families living independently of each other, exclusive of hotels or motels.
DWELLING, SINGLE-FAMILY. A dwelling designed to be occupied by one family.
DWELLING, TWO-FAMILY. A detached dwelling designed to be occupied by two families living independently of each other.
DWELLING UNIT. One room or a suite of two or more rooms designed for and used by one family for living and sleeping purposes and having one kitchen or kitchenette.
EASEMENT. A right held by the town or its franchised utility companies to be used for access, drainage or the placement of utilities such as water, sewer, gas, telephone, cable television and electrical lines or other facilities.
ENGINEER. A person licensed to practice engineering in the state.
EQUIPMENT STORAGE/RENTAL YARD. The use of any building, land area or portion thereof, for the display, sale, rental or lease of heavy construction or farm equipment, including cranes, earthmoving and grading equipment, heavy trucks, tractors and any warranty or repair work and other repair services conducted as an accessory use. Outdoor display of such items may be provided only as permitted by the district in which it is located.
FAMILY. One or more persons related by blood, marriage or adoption, or a group of not to exceed five persons not all related by blood or marriage, living together as a single housekeeping unit in a dwelling unit and maintaining and using the same housekeeping facilities in common.
FAMILY DAY-CARE HOME. A private dwelling which provides care and supervision for seven or fewer children for part of the 24-hour day. The term FAMILY DAY-CARE HOME shall not include informal arrangements which parents make independently with neighbors, friends and others, or with caretakers in the child’s own home.
FENCE.
(1) A structure, wall or hedge, erected or grown for the purpose of dividing open space, delineating boundaries, enclosure or preventing passage or sight.
(2) The height of FENCES shall be determined as follows:
(a) Measurement to be taken from the highest elevation contiguous to the fence from the base to the top;
(b) The fence is to follow the topography and is measured accordingly;
(c) Decorative posts are to be excluded from measurement; and
(d) Planter boxes built to effectively lower the height of the fence will be included in the measurement.
FINAL PLAT. The map, drawing or chart on which an owner’s plan of subdivision is presented to the Planning Commission for approval, and which, if approved, will be submitted to the County Clerk for recording.
FINANCIAL INSTITUTION. An establishment primarily engaged in the facilitation of financial transactions, such as investments, loans and deposits. Uses include banks and trust companies, credit agencies, and other investment companies.
FUNERAL HOME and MORTUARY. Establishments where the deceased are prepared for burial or cremation, funeral services may be conducted and cremation may occur.
FREIGHTING YARD OR TERMINAL. A transportation facility furnishing services incidental to air, motor freight, and rail transportation. Examples of these facilities include freight terminal facilities, packing, crating, inspection and weighing services, postal service bulk mailing distribution centers, and trucking facilities, including transfer and storage.
FRONTAGE. Property on one side of a street or place measured along the line of the street or place.
GARAGE, PARKING. Any building or portion thereof used for the storage of four or more vehicles for profit, hire or otherwise involving compensation in which any servicing is an accessory use but where repair facilities are not provided.
GARAGE, PRIVATE. A building used for storage purposes only for vehicles 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 vehicles.
GASOLINE SERVICE STATIONS. The land and buildings or structures thereon used for the retail sales of gasoline, oil fuels and vehicle accessories, and accessory uses exclusive of painting, major repair or the sale of butane or propane fuels. All storage tanks for gasoline shall be below the surface of the ground and provided that no filling station shall be within 300 feet of any school, church, hospital, convalescence hospital, playground, community building or youth center or any other place where a large number of people congregate and further provided that the service station conforms to this code of ordinances.
GOLF COURSE, COMMERCIAL. A golf course privately owned but open to the public for a fee and operated as a commercial venture.
GROCERY STORE or SUPERMARKET. A retail or wholesale store that primarily sells food, including canned and frozen foods, fresh fruits and vegetables, and fresh (raw) and prepared meats, fish and poultry.
GREENHOUSE and PLANT NURSERY. A retail enterprise that sells plants, garden supplies and services, and similar items not to include heavy equipment such as farm machinery.
GROSS FLOOR AREA. The sum of all horizontal areas of all of the floors of a building as measured from the facade of exterior walls or from the centerline of common walls separating buildings and including, but not limited to, the following spaces:
(1) Basements;
(2) Elevator shafts and stairwells at each floor;
(3) Floor space for mechanical equipment with structural head room of seven feet or more;
(4) Penthouses;
(5) Attic space providing head room of seven feet or more;
(6) Interior balconies, mezzanines and enclosed covered porches and enclosed steps; and
(7) Accessory uses in the building exclusive of parking garages.
GROUP HOME. A community-based residential facility located in a single-family zoning area that admits not more than six persons with developmental or physical disabilities who require specialized living arrangements, and that provides for such persons a home that is subject to the care and supervision of a responsible adult and which is licensed by or which has a contract with the Department of Human Services. GROUP HOMES shall be subject to all restrictions of 60 O.S.
GROW FACILITY. Please see COMMERCIAL MEDICAL MARIJUANA GROWING AND/OR PROCESSING FACILITY.
HALFWAY HOUSE. A private facility for the placement of inmates in a community setting for the purpose of reintegrating into the community inmates who are nearing their release dates. The term shall not include private prisons.
HEALTH OFFICER. The Director of the Kingfisher County Health Department or his or her designee.
HEALTHY AND ACTIVE LIVING. Creating or transforming neighborhoods and districts to make physical activity through transportation, exercise and recreation more likely.
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.
HOME OCCUPATION. A business which is carried on in a dwelling unit provided that:
(1) The business shall be restricted to the providing or performance of services. No on-site wholesale or retail sales shall be permitted.
(2) The following businesses shall not be eligible for classification as a HOME OCCUPATION:
(a) Beauty or barber shop;
(b) Nursing home or clinic;
(c) Doctor’s or dentist’s office;
(d) Day-care center;
(e) The repair of vehicles owned by someone other than the occupant; or
(f) Landscaping, tree trimming and/or lawn care service.
(3) No person other than members of the family residing on the premises shall be engaged in the business.
(4) The HOME OCCUPATION shall have dedicated to its use not more than 20% of the gross floor area of the dwelling unit.
(5) The HOME OCCUPATION shall not be conducted in an accessory building.
(6) No mechanical equipment shall be used in the business, except for such as is normally used for domestic purposes.
(7) There shall be no change in the outside appearance of the dwelling unit or any other aspect of the premises which would provide visible evidence of the conduct of the home occupation other than one sign, not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the dwelling unit.
(8) There shall not be more than one customer vehicle at a time parking off-street and no customer parking shall be permitted in the street right-of-way.
HOSPITAL. A health care institution with an organized medical and professional staff and with in- patient beds available on a 24-hour basis, which has as its primary function to provide in-patient medical, nursing and other health-related services to patients for both surgical and nonsurgical conditions, and which usually provides some out-patient services, particularly emergency care.
HOTEL or MOTEL. A building or group of buildings under one ownership reserved primarily for and occupied as the temporary abiding place of transients for compensation, exclusive of mobile home or recreational vehicle parks, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.
IMPROVEMENTS. Grading, street surfacing, construction of curbs and gutters, sidewalks, crosswalks, culverts, bridges, water lines, sanitary sewer lines, force mains and lift stations, booster pump stations, storm sewer lines, detention facilities, other utilities and other required features.
INMATE TRANSITIONAL LIVING CENTERS. See HALFWAY HOUSE.
INMATE WORK CENTERS, INMATE HALFWAY HOUSES and INMATE PRERELEASE CENTERS. Shall have the same meanings as used in 57 O.S. or as defined by the Oklahoma Department of Corrections.
IN-PATIENT TREATMENT. See HOSPITAL.
ITINERANT VENDOR. Any person who engages in, does, or transacts any temporary or transient business in the town and who, for the purpose of carrying on such business, occupies any location for a period of less than 90 days.
JAIL and CORRECTIONAL FACILITY. Public or private facilities providing for the confinement of juvenile offenders, for the incarceration, confinement or detention of individuals arrested for or convicted of a crime, or for the punishment, correction and/or rehabilitation of individuals convicted of crimes whose freedom is restricted.
KENNEL. Any premises wherein any person, firm, corporation or other legal entity engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
LABORATORY, SCIENTIFIC OR RESEARCH. Laboratories for research or testing, but not for manufacturing, providing all work is conducted within an enclosed building and no noise, odor, smoke or other element of the operation is noticeable from outside the building.
LIBRARY. A public facility for the use and loan, but not sale, of literary, musical, artistic or reference materials.
LOT. A parcel of land the location, size and dimension of which are determined according to the most recent document legally filed of record pertaining to the same.
LOT AREA. The horizontal area included within lot lines, exclusive of any property over which there is an easement for flood control and/or drainage purposes.
LOT, CORNER. A lot which has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of the two sides is less than 135 degrees.
LOT DEPTH. The minimum distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. The boundaries of a lot and the boundaries shall be conterminous with right-of-way lines for those portions of a lot which abut a street or alley.
LOT WIDTH. The minimum distance between the side lot lines, measured at the front yard setback line, except where specifically otherwise provided.
MAIN. A water or wastewater line designed and installed to distribute water to or collect sewage from lateral or service lines.
MANUFACTURED HOME. Factory-built, single-family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C.§§ 5401, 1978 as amended) commonly known as HUD (U.S. Department of Housing and Urban Development Code) and which meets the town’s residential design standards.
MANUFACTURING, HEAVY. A facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community. Examples of HEAVY MANUFACTURING uses include concrete product manufacturing, garbage transfer stations, glass product manufacturing, plastic, rubber and other synthetic product manufacturing, and textile and leather product manufacturing. Permitted uses shall be conducted in a manner that no noxious odor, fumes or dust will be emitted beyond the property line of the lot on which the use is located.
MANUFACTURING, LIGHT. A facility accommodating manufacturing processes involving and/or producing; apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. LIGHT MANUFACTURING also includes other establishments engaged in the assembly, fabrication and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. Examples of LIGHT MANUFACTURING uses include clothing and fabric manufacturing, electronics and appliance manufacturing, and food and beverage product manufacturing. Permitted uses shall be conducted in a manner that no noxious odor, fumes or dust will be emitted beyond the property line of the lot on which the use is located
MASSAGE CLINIC. Any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on the activity of MASSAGE defined as any method of pressure on or friction against the external soft parts of the body with the hand or with the aid of any mechanical or electrical apparatus or appliance commonly used in this practice by a massage therapist.
MEDIA BROADCAST SERVICES. Commercial and public communications, including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus, including antennas and towers, which are instead defined under telecommunications facilities.
MEDICAL OR DENTAL FACILITY. The use of space by individuals licensed in the state to practice medicine, osteopathy, dentistry, chiropractic, podiatry, psychiatry, clinical psychology or other health-related professions on an outpatient basis. The professional services provided in the medical office space is for the occupant’s own patients and not for patients of unrelated outside practitioners.
MEDICAL MARIJUANA DISPENSARY. Any retail medical marijuana establishment licensed by the state and the town to sell or dispense medical marijuana or medical marijuana products.
MEDICAL MARIJUANA GROWING FOR PERSONAL USE. Any individual licensed by the state and the town to grow up to 12 plants within a single residence for personal medical use.
MEDICAL MARIJUANA WHOLESALE AND/OR STORAGE FACILITY. Any wholesale or storage establishment licensed by the state and the town that acquires, possesses, stores, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to the holder of a valid medical marijuana dispensary license.
METES AND BOUNDS. A system of describing and identifying land by measures (metes) and direction (bounds) from an identifiable point of reference such as a monument or other marker, the corner of intersecting streets or, in rural areas, a tree or other permanent fixture.
MIXED-USE. A development or structure which clusters homes, jobs, stores, parks and services within walking distance of one another.
MOBILE HOMES. A single-family dwelling, factory-built and factory assembled residence which does not comply with the National Manufactured Homes Construction Safety and Standards Act, being 42 U.S.C. §§ 5401, 1978 as amended. The term MANUFACTURED HOMES is used for MOBILE HOMES constructed after 1978 when nationwide construction standards were adopted. The only MOBILE HOMES in existence are those still in use that were constructed before 1978.
MOBILE/MANUFACTURED HOME PARK. Any plot of ground upon which two or more mobile/manufactured homes occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for the accommodations.
MOBILE/MANUFACTURED HOME SPACE. A plot of ground indicated on an approved site plan park designed for the accommodation of one mobile/manufactured home and not located on a mobile/manufactured home sale lot.
MOBILE/MANUFACTURED HOME SUBDIVISION. A subdivision designed and intended for residential use where residence is in a mobile/manufactured home exclusively and mobile home lots are sold for occupancy.
MUSEUM. A building serving as a repository for a collection of natural, scientific, or literary objects of interest, or works of art, and arranged and designed to be used by members of the public for viewing, with or without admission charge.
NET FLOOR AREA. The gross floor of the building less non-public and non-workspaces, such as storage rooms, hallways, warehouses, utility closets or restrooms.
NIGHT CLUB or DANCE HALL. A facility serving alcoholic beverages for on-site consumption, and providing entertainment, examples of which include live music and/or dancing, comedy and the like.
NONCONFORMING. When used in combination with the following words:
(1) STRUCTURE. A structure in noncompliance with applicable setback, coverage or height regulations but which, on the effective date of this chapter, lawfully occupied the lot on which it is situated.
(2) USE. An activity carried on in noncompliance with applicable district regulations but which, on the effective date of this chapter, lawfully occupied the lot on which it is conducted.
NURSING, CARE FACILITY, CONVALESCENT OR REST HOME.
(1) All those facilities required to be licensed under the Oklahoma Nursing Home Care Act (63 O.S. §§ 1-1902 et seq.) to provide resident nursing care facilities, and the definitions within the Oklahoma Nursing Home Care Act shall be used in interpreting the provisions of this chapter.
(2) Drug and/or alcohol abuse treatment facilities are excluded from this definition.
OFFICIAL FILING DATE. The date upon which a development application that contains all necessary elements required by this chapter is deemed complete by the responsible official.
OPEN DISPLAY, COMMERCIAL. The outdoor display of retail goods and products located outside of an enclosed business. Open display uses such as car, truck and boat sales and/or rentals are prohibited, except as a special permit use as authorized under § 154.040 of this chapter.
PARCEL. Same as LOT.
PARKING AREA. A permanently surfaced area enclosed or unenclosed, sufficient in size to store vehicles together with a permanent surfaced driveway connecting all parking spaces with a street or alley.
PARKING SPACE. A permanently surfaced area enclosed or unenclosed, being eight and one-half feet in width and 18 feet in depth and intended for the parking of vehicles.
PARKING SPACE, OFF-STREET. A parking space not on or extending over any public easement or right-of-way.
PERFORMANCE BOND AND/OR SURETY BOND. A financial guarantee to ensure that all improvements, facilities or work required by this chapter will be completed in compliance with the ordinance, regulations and approved plans and specifications of the development.
PERMITTEE. Any person to whom a permit is issued.
PERSON. Natural individual, firm, trust, partnership, association or corporation.
PEST CONTROL SERVICES. A commercial pest control business or occupation which is performed primarily off-site. Only those support activities, such as office work and storage of equipment is conducted at the business location and provided:
(1) No on-site storage of more than 30 gallons of pesticide or herbicide;
(2) No batch mixing of chemicals, other than individual tank mixing on each truck operated on-site; and
(3) No repair of chemical equipment on-site.
PETROLEUM PRODUCTS, STORAGE AND WHOLESALE. A facility for the bulk storage and wholesale distribution of gasoline, diesel fuel and/or other fuels and petroleum products.
PHARMACY. A retail store that primarily sells prescription drugs, which may also sell non-prescription drugs and medical supplies, other health care products, and a limited variety of convenience items.
PLANNING AND ZONING COMMISSION. The agency appointed by the Town Board of Trustees as an advisory body to it and which is authorized to act on plats.
PLAT. A map of a subdivision showing the location and boundaries of individual parcels of land subdivided into lots, with streets, alleys, easements and the like, drawn to scale; also includes minor, replat, and amending plat. Shall refer to final plats meeting the requirements of this chapter.
PLAT, FINAL. A map of a land subdivision prepared in a form suitable for filing of record in the office of the County Clerk 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, MINOR. A subdivision plat resulting in three or fewer lots and requires no new streets and minimal infrastructure extension that is processed through an abbreviated process or the combination of five or fewer existing lots of record into one.
PLAT, PRELIMINARY. A map indicating the proposed layout of a subdivision meeting the requirements herein enumerated and showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision to be submitted to the Planning Commission for consideration and approval.
PRE-APPLICATION CONFERENCE. An initial meeting between developers and the Zoning Administrator which affords the developer the opportunity to present their proposals informally.
PROFESSIONAL OFFICES. Professional offices, such as accounting, real estate, insurance, architectural or engineering offices, where chattels, goods, wares or merchandise are not created, stored, exchanged or sold.
PUBLIC IMPROVEMENT. Drainage ways, roadways, parks, utilities or other facilities which the town will ultimately assume the responsibility for maintenance and operation, or which may affect an improvement established which affects the health, safety or welfare of the general public.
PUBLIC PARK AND PLAYGROUND. A public area reserved for natural or artificial landscaping, which may include recreational facilities and structures.
PUBLIC SAFETY FACILITIES. A facility including ambulance dispatch facilities, fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters.
PUBLIC UTILITY STATION. A structure or facility used by a public or quasi-public utility agency to store, distribute, generate electricity, gas, telecommunications, and related equipment, or to pump chemically treated water. This does not include storage or treatment of sewage, solid waste or hazardous waste.
PUBLIC WATER SYSTEM or PUBLIC SEWER SYSTEM OF THE TOWN. Any systems built and owned by or dedicated to and accepted by the town. All other systems are private.
PUBLISHER. An establishment engaged in printing by letterpress, lithography, gravure, screen, offset or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals
RECREATIONAL VEHICLE PARK. A site under private ownership designed and intended to be used, by campers with recreational vehicles or tents. RECREATIONAL VEHICLE PARKS may include public restrooms, water, sewer and electric hookups to each lot and may also include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.
RECREATIONAL VEHICLE SPACE. A plot of ground indicated on an approved site plan within a recreational vehicle park designed for accommodation of one recreational vehicle.
REPLAT. The re-subdivision of any part or all of any block or blocks of a previously platted subdivision.
RETAIL, GENERAL. Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include antique stores, craft stores, clothing, shoes and accessories, hardware stores, recreational equipment, religious goods, stationary and toy stores and shall be larger than 4,000 square feet.
RETAIL, SPECIALTY. Stores and shops where the majority of the business is devoted to the sale of specialty goods. Such uses include delicatessens, pottery studios, tuxedo stores, small-scale bookstores, and video rental stores and shall be no larger than 4,000 square feet.
RESTAURANT OR EATING ESTABLISHMENT (DRIVE-IN). A building or portion thereof where food and/or beverages are sold, and where a driveway is located so that vehicles may drive up to a window and received food and/or beverages for consumption either on the premises or elsewhere.
RESTAURANT OR EATING ESTABLISHMENT (NOT DRIVE-IN TYPE). Any eating or drinking establishment where the preparation and serving of food is the primary business of such establishment. The term PRIMARY BUSINESS means that the gross receipts from the sale of food are equal to or exceed 50% of the entire gross receipts of such establishment.
RIGHT-OF-WAY, PUBLIC. Any strip or area of land including surface, overhead or underground space which is used or intended to be used wholly or in part as a public street or alley, or as the location of public walkways and utility or drainage facilities or installations.
ROOMING HOUSE. A building where lodging only is provided for compensation to three or more, but not exceeding 20 persons. A building which has accommodations for more than 20 persons shall be a hotel, as defined herein.
SALE BARN. Barns, pens and sheds for the temporary holding and sale of livestock.
SALVAGE OR JUNK YARD. Any land or building where metals, plumbing materials, appliances, vehicles, vehicle parts, rags or paper, machinery or similar items or material are kept, salvaged, stored, dismantled and/or offered for sale as whole units, as salvaged parts or as processed materials.
SCHOOL, BUSINESS. A business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, barber college, beauty school or commercial art school, but not including manual trade schools.
SCHOOL, COMMERCIAL TRADE. A business organized to operate for a profit and offering instruction and training in a trade such as welding, bricklaying, machinery operation and similar trades.
SCHOOL, PRIVATE, ELEMENTARY OR SECONDARY. A private institution intended for the purpose of elementary or secondary education, which does not secure the major part of its funding from public sources.
SCHOOL, PUBLIC. Consists of all free schools supported by public taxation, and shall include nurseries, pre-schools, kindergartens, elementary and secondary schools, and technology center schools, not to exceed two years of junior college work, and such other schools, classes and instruction as may be supported by the public.
SECURITY. The bond, letter of credit, or cash escrow provided by the developer to secure its promise in the improvement agreement.
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.
SERVICE TAP. A water or wastewater pipe of a design capacity extended from the main to the property line to serve a single lot.
SETBACK. The minimum yard specified.
SHELTER. A temporary residential facility, which provides overnight accommodations and incidental services for homeless persons and/or families on a short-term basis.
SHOOTING RANGE, INDOOR. An area enclosed at which a handgun, rifle or other firearm is discharged at a target, designed to prevent a projectile fired from a firearm at a target from going beyond the boundaries of the area, by use of a backstop or other barrier that is designed to completely stop the projectile or prevent a potentially dangerous ricochet.
SIGHT TRIANGLE. The area formed by measuring from the point of intersection of two lot lines a distance of 25 feet along each lot line and connecting the points so established to create a triangle with at least one side abutting street right-of-way.
STORY. The portion of a building 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. A basement shall be counted as a STORY when more than one-half 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 in the premises.
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 above the top floor level and in which space not more than two-thirds of the floor area is finished off for use. A HALF STORY containing living quarters shall be counted as a full story.
STREET. The entire width between the boundary lines of every way, other than an alley, publicly maintained when any part of it is opened to the use of the public for pedestrian and/or vehicular travel.
STREET, ARTERIAL. A fast or heavy traffic street of considerable continuity and used basically as a traffic artery for travel among large areas of the town. ARTERIAL STREETS may be further designated as primary or secondary arterial streets.
STREET, COLLECTOR. A street which carries traffic from minor streets to arterial streets or highways, including the principal entrance streets of a residential development and streets for circulation in such a development.
STREET, CUL-DE-SAC OR COURT. A dead-end street providing a turnaround for vehicles.
STREET, DEAD-END. A street, other than a cul-de-sac, with only one outlet.
STREET, INDUSTRIAL. A street intended primarily to serve traffic within an area of industrial development or proposed industrial development.
STREET, LOCAL. A street which is intended primarily to serve traffic within a neighborhood to provide access to residents, businesses or other abutting property. Service to through movement is deliberately discouraged.
STREET, MARGINAL ACCESS. A local street which is parallel and adjacent to an arterial street or highway and which provides access to abutting property and protection from through traffic.
STREET WIDTH. The shortest horizontal distance between the lines which delineate the right-of- way of a street.
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.
SUBDIVIDER. Same as DEVELOPER.
SUBDIVISION. The division of land into two or more parts, lots, or sites for the purpose of sale, building, development or division of ownership, whether immediate or future.
SUBDIVISION IMPROVEMENT AGREEMENT. A contract entered into by the developer and the town by which the developer promises to complete the required public improvements in the subdivision within a specified time period following final plat approval.
SUBMISSION DATE. The date an applicant delivers an application or petition under this chapter to the Zoning Administrator, or the date on which an applicant deposits an application or petition with the United States Postal Service by certified mail addressed to the Zoning Administrator, along with all required fees and documents.
SUBSTANDARD PLATTED SUBDIVISION. A platted area deviating from or falling short of the standards adopted by the town.
SURETY. A bond, letter of credit or letter of financial guarantee from a financial institution.
SURVEYOR. A licensed state land surveyor or a registered professional land surveyor as authorized by the state statutes to practice the profession of surveying in the state.
SWAP MEET, FLEA MARKET AND OTHER SIMILAR USES. A collection or group of stalls, booths, tables or other similar arrangement, used by individual vendors, for the display and sale of various items of new or used personal property, either inside a building or outside in the open.
SWIM OR TENNIS CLUB. A private recreational club where swimming, tennis and other related uses take place, available only to private specific membership. All private swimming and/or tennis clubs shall be properly lit, screened and be open during regular business hours.
SWIMMING POOL, COMMERCIAL. A structure located either indoors or outdoors and designed to be primarily used for swimming or other related recreational or athletic purposes, generally open to the public with an admission fee.
TATTOO AND/OR BODY PIERCING SHOP. An establishment where the tattooing or piercing of human body parts is administered.
TELECOMMUNICATION FACILITIES. The site, structures, equipment and appurtenances used to transmit, receive, distribute, provide or offer wireless telecommunications services. This includes, but is not limited to, antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronics and switching equipment.
TEMPORARY EMPLOYMENT SERVICES - DAY LABOR BUSINESS. Any enterprise engaged in procuring temporary employment for individuals who arrive and/or wait at the premises in which the temporary employment business is located on a regular basis for work assignments or transportation to a work site.
THOROUGHFARE. Same as STREET.
TRACT. Same as LOT.
TRANSITIONAL LIVING FACILITY. Shelter provided for persons for an extended period of time, where the space is re-occupied by another program recipient after a set period. Generally, the housing is integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing. Not for the housing of inmates.
TRANSITIONAL MIXED-USE. Referring to the zoning district intended to provide an acceptable range of blended land uses and controls that allow for business uses at are compatible with residential uses.
TREATMENT FACILITY. An institution designed for the care and rehabilitation of patients suffering from drug and/or alcohol abuse or related problems. This definition shall have the same meaning as defined in 43A O.S. § 3-403 pertaining to the Alcohol and Drug Abuse Services Act.
UNLIGHTED PRIVATE TENNIS COURT. A tennis court located within the rear yard of a private residence. To safeguard the amenity of residential areas against the adverse effects associated with the use of a private tennis court, an application for special review must be submitted and reviewed by planning staff.
USABLE OPEN SPACE. The portion of a lot which is open; not allocated to off-street parking spaces, parking areas, streets or any public dedication and unoccupied and unobstructed, provided that patios, natural landscaping and recreational facilities shall not be deemed obstructions.
UTILITY, PRIVATE. Services, and any related facilities (e.g., distribution lines), not customarily provided by the town or public entities such as electricity, natural gas and telecommunications.
UTILITY, PUBLIC. Services, and any related facilities (e.g., distribution lines), typically provided by the town, county or publicly owned entity such as potable water distribution, wastewater collection, and storm water management.
VACATE or VACATION. To make legally void.
VEHICLE. A self-propelled mechanical device 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; and motorcycles.
VEHICLE STORAGE. A service facility for the long-term storage of operative cars, trucks, buses, recreational vehicles, and other motor vehicles, for clients. Does not include auto salvage yards.
VETERINARY HOSPITAL. A type of animal care facility where common household pets are provided with preventative care and/or are treated for illness, injury or disease, but does not include animal shelters.
VIOLATION. Any failure to comply with this chapter.
WAREHOUSE. A building or portion thereof used for storage of any merchandise, stock, furnishings or vehicles of a business of any kind, except that of storage area operated in conjunction with a retail business located on the same property shall not be a WAREHOUSE.
WAREHOUSE, MINI. A building or portion thereof used exclusively for storing the excess personal property of an individual or family when such is not located on the lot with their residence, such as a passenger automobile, house trailer, motorcycle, boat, camper or other items of personal property generally stored in residential accessory buildings, exclusive of any merchandise, stock, furnishings or business vehicles of any kind.
WASTEWATER TREATMENT PLANT. A utility facility for the collection and treatment of sanitary sewage and storm water through mechanical, chemical and biological processes for the purpose of improving the quality of wastewater.
WHOLESALE OR WAREHOUSE ENTERPRISE. Establishments engaged in the storage and sale of commercial goods or commodities, usually in bulk, for purchasers other than individual customers. Examples include the wholesale distribution of furniture, household goods, farm supplies and electrical, plumbing, heating and air conditioning supplies and equipment, but not to include freight distribution centers, large storage facilities or the use of delivery trucks in the routine operation of the business.
YARD. A space at grade between a building on a lot and the adjoining lot line as measured by the shortest horizontal distance between the lot line and the primary building.
YARD, FRONT. The yard extending across a lot between the side lot lines and established according to the first one of the conditions below which applies, the conditions being prioritized in descending order.
(1) For planned or existing commercial or industrial uses, it is the yard adjacent and parallel to a major street or expressway if the lots abut such a facility;
(2) It is the yard adjacent and parallel to the street upon which the lot has its shortest dimension; or
(3) It is the yard indicated as the front on the subdivision plat filed of record.
YARD, MINIMUM. The smallest yard that shall remain unoccupied, unobstructed and without infringement by any structure on a lot.
YARD, REAR. The yard(s) at the opposite end of the lot from the front yard and extending across the lot between the side lot lines.
YARD, SIDE. All yards on a lot other than front and rear yards and extending across the lot between the front and rear lot lines.
ZONING. Regulations governing the use of land and buildings and development standards.
ZONING ADMINISTRATOR. The Town Administrator or his or her designee.
ZOO. A facility owned and operated for a fee, where live animals, birds and reptiles are housed and displayed.
(Ord. 382, passed 7-8-2021)