For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE. Use or structure customarily incidental, appropriate, and subordinate to the principal use of a building or to the principal use of land and which is located upon the same lot therewith.
AGRICULTURE. The use of land for agricultural purposes including farming, dairying, pasturage, horticulture, 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 use shall be secondary to that of normal agricultural activities and provided further that these above uses shall not include the commercial feeding of swine or other animals; stockyards or commercial feedlots for cattle.
ALLEY. A minor right-of-way dedicated to public use not more than 30 feet wide affording a secondary means of access to abutting property and not intended for general traffic circulation.
AUTOMOBILE OR TRAILER SALES AREA. An open area, other than a street, used for the display, sales, or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers; collision services including body, frame, or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.
AUTOMOBILE REPAIR, MINOR. Incidental replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half ton capacity.
AUTOMOBILE SERVICE STATION or FILLING STATION. Any area used for retail sale of gasoline or oil fuels or automobile accessories, and incidental services including facilities for lubricating, and washing and cleaning, but not including painting, major repair or the sale of butane or propane fuels.
AUTOMOBILE WASH or AUTOMATIC CAR WASH. A building or structure or chain conveyor, blowers, steam cleaners, and other mechanical devices used primarily for the purpose of washing motor vehicles.
BLOCK. In describing the boundaries of a district, the word BLOCK refers to the legal description. In all other cases, the word BLOCK refers to the property abutting one side of the street between two intersecting streets or between an intersecting street and a railroad right-of-way or between an intersecting street and a watercourse.
BOARD OF ADJUSTMENT. The BOARD OF ADJUSTMENT of the City of Hobart, Oklahoma; also referred to as the BOARD.
BOARDING HOUSE and ROOMING HOUSE. Where meals or lodging are provided for persons other than the family or their relatives and excluding facilities for transient persons such as hotels, motels, inns, and other such facilities.
BUILDING. Any structure having a roof supported by columns or walls that is used or intended to be used for the shelter or enclosure of persons, animals, or property. Includes the word STRUCTURE.
BUILDING, ACCESSORY. See definition of ACCESSORY USE OR 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 deckline of a mansard roof or the average height of the highest gable of a pitch or hip roof.
BUILDING LINE. A line established beyond which no part of a building shall project, except as otherwise provided by this chapter.
BUILDING, PRINCIPAL. A building or buildings in which the principal use of the building site is conducted. In any residential district, any dwelling shall be deemed to be the PRINCIPAL BUILDING on the building site.
BULLETIN BOARD. Any sign announcing the activities of an educational, religious, institutional, or similar use.
CEMETERY. Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes.
CHILDCARE CENTER. Any place, home, or institution which receives three or more children under the age of 16 years for care apart from their natural parents, legal guardians, or custodians, and 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, 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 their institutional building while their parents or legal guardians are attending services or meetings or classes and other church activities.
CITY COUNCIL. The official governing body of the City of Hobart.
CITY PLANNING COMMISSION. The City Planning Commission, as established by the statutes hereinbefore cited, also referred to as PLANNING COMMISSION. The PLANNING COMMISSION may also be the ZONING COMMISSION for the city.
CLINIC. A place used for the care, diagnosis, and treatment of sick, ailing, infirm, and injured persons and those in need of surgical or medical attention but who are not customarily provided with board and room or kept overnight on the premises.
CLUB. A nonprofit association of persons who are bona fide members paying regular dues, and organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMPREHENSIVE PLAN. The official city plan of the City of Hobart, Oklahoma; also refers to the specific document, “Comprehensive General Plan - A Program For The Next 20 Years.”
CONVALESCENT HOME. A nursing home, a rest home; a home for the aged, recuperating, chronically ill, or incurable persons, in which two or more persons not of the immediate family are received, kept; or provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury.
COVERAGE. The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.
DWELLING. Any building or portion thereof designed or used as a residence of one or more persons, but not including a tent, cabin, trailer coach, mobile home, boarding or rooming house, hotel or motel.
DWELLING, MULTI-FAMILY. A building or portion thereof containing three or more dwelling units and designed for or used by three or more families; also includes the word “apartments.”
DWELLING, SINGLE-FAMILY. A building containing one dwelling unit and designed for or used exclusively by one family.
DWELLING, TWO-FAMILY. A building containing two dwelling units and designed for or used exclusively by two families; also includes the word “duplex.”
DWELLING UNIT. A room or group of rooms arranged, intended, or designed as a habitable unit, containing kitchen, bath, and sleeping facilities for not more than one family living independently of any other family.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewer, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories thereof, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
FAMILY. A person living alone or two or more persons related by blood or marriage, living together as a single housekeeping unit, using a single facility in a dwelling unit, for culinary purposes, as distinguished from a group occupying a boarding house, lodging house, hotel, motel, fraternity house, or sorority house.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of the exterior walls or from the centerlines of walls separating two buildings.
FRONTAGE. The linear measurement of a lot boundary which is abutting a street.
GARAGE APARTMENT. A dwelling for one family erected as a part of a private garage.
GARAGE, PARKING. Any building or portion thereof used for the storage of four 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. A detached accessory building or a portion of the principal building used or intended for use by the occupants of the premises for storage of passenger vehicles or trailers.
GARAGE, PUBLIC. The structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repairing or refinishing of any vehicles.
GARAGE, REPAIR. A building in which are provided facilities for the care, servicing, repair, or equipping of automobiles.
HEIGHT. The vertical measurement of any structure on any parcel of land measured from the average elevation of the lot or parcel to the uppermost point of the structure.
HOME OCCUPATION. Any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory building; provided that no trading and merchandising is carried on and in connection with which there is no display of merchandise or advertising sign other than one nonilluminated nameplate, not more than two square feet in area, attached to the main or accessory building, and no mechanical equipment is used except such as is customarily used in purely domestic or household purposes. A tea room, restaurant, rest home, clinic, barbershop, beauty parlor, doctor’s or dentist’s office, childcare center, tourist home or cabinet shop, metal shop, refrigerator and electric motors, heating, ventilator and plumbing, lawn mower repair, or auto repair garage shall not be deemed a HOME OCCUPATION.
HOSPITAL. See definition of MEDICAL FACILITIES.
HOTEL. A building or group of buildings under one ownership containing six 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 parks, or camp, hospital, asylum, orphanage, or building where persons are housed under restraint.
INDUSTRY. Storage, repair, manufacture, preparation, or treatment of any article, substance, or any commodity for commercial use.
INSTITUTIONAL USES. Those uses organized, established, used, or intended to be used for the promotion of a public, religious, educational, charitable, cultural, social, or philanthropic activity and normally operated on a nonprofit basis.
JUNK OR SALVAGE YARD. A place where waste, discarded or salvage materials are bought, sold, exchanged, baled, packed, disassembled or handled, including all wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvage material incidental to manufacturing operations.
KENNEL. Any structure or premises on which four or more dogs over four months of age are kept.
LOADING SPACE. A space on the same lot as the principal use of at least ten feet in width and 30 feet in length and having a vertical clearance of at least 14 feet, designated for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
LOT. A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this chapter, and having access on a public street.
LOT, CORNER. A lot which has at least two adjacent sides abutting on a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.
LOT DEPTH. The mean horizontal 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 LINE. Any boundary of a lot.
LOT LINE, FRONT. The boundary of a lot which abuts a public street. Where the lot abuts more than one street, the owner may select the FRONT LOT LINE.
LOT LINE, REAR. The boundary of a lot which is most distant from and most nearly parallel to the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT, WEDGE SHAPED. A lot situated so that the front is either wider or narrower than the rear of the lot.
LOTS OF RECORD. A separate and distinct parcel designated on a legally recorded subdivision plat or a legally recorded deed filed in the records of Kiowa County, State of Oklahoma.
MEAN LOT ELEVATION. The average elevation of a lot.
MEDICAL FACILITIES.
(1) DENTAL OR DOCTOR’S OFFICE. The same as dental or medical clinic, including the various dental and medical specialties.
(2) DENTAL OR MEDICAL CLINIC. A building used for the examination and treatment of the physically ill, provided that no facilities are provided for patients remaining overnight except under emergency conditions except as provided for herein.
(3) HOSPITAL. An institution providing physical and mental health services primarily for human inpatient medical or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.
(4) NURSING HOME, REST OR CONVALESCENT HOMES. See definition of CONVALESCENT HOME.
(5) PUBLIC HEALTH CENTER. A facility primarily utilized by a health unit for providing PUBLIC HEALTH SERVICES, including related facilities.
MOBILE HOME. A detached residential dwelling unit designed for transportation, after fabrication, on streets or highways on its own wheels or on flatbeds or other trailers, and arriving at the site where it is to be occupied as a dwelling, complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, and connection to utilities.
MOBILE HOME LOT. A portion of a mobile home park allocated to the exclusive use of the occupants of a single mobile home.
MOBILE HOME PARK. A parcel of land under single ownership which has been planned and improved for placement of mobile homes to be occupied as residences.
MOTEL. An area containing one or more buildings designed or intended to be used as temporary sleeping facilities of one or more transient persons.
OPEN SPACE. An area included in any side, rear, or front yard, or any other unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices and eaves of porches.
PARCEL. A LOT as defined herein.
PARKING SPACE. A permanently surfaced area of not less than 200 square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of motor vehicles.
PLANNING COMMISSION. See definition of CITY PLANNING COMMISSION.
ROOMING HOUSE. See definition of BOARDING HOUSE AND ROOMING HOUSE.
SHALL. Is mandatory and not directory, except where the natural construction of the writing indicates otherwise.
(Prior Code, § 12-203)
SIGN. Any word, lettering, part of letters, figures, numerals, phrases, sentences, emblems, devices, designs, pictures, trade names, or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a service, a commodity or product, which are visible from any public street or right-of-way and designed to attract attention. “For Sale” and “For Rent” shall be deemed SIGNS within the meaning of this definition, but the term SIGN shall not include the flag, pennant, or insignia of any nation, state, city, or other political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event used for a public purpose in the public interest.
SIGN, DISPLAY SURFACE AREA. The net geometric area of the surface of the sign upon, against or through which the message is displayed or illustrated, including the outward extremities of all letters, figures, characters and delineations, provided that only one face of a double faced sign shall be included in the computation of display surface area.
SIGN, ILLUMINATED. A sign designed to give forth any artificial light, or designed to reflect light from one or more sources, natural or artificial.
SIGN, PROJECTING. A sign erected on the face or outside wall of a building which projects out at any angle therefrom.
SIGN, TEMPORARY. Signs of temporary nature used to advertise the premises for sale, rent, or lease.
STORY. That 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.
STREET. A public right-of-way more than 30 feet in width which provides the primary public means of access to abutting property and used primarily for vehicular circulation.
STREET, ARTERIAL. Any street designated on the thoroughfare plan as an arterial, primary arterial, secondary arterial, major street, and the like.
STREET, MINOR. Any street not designated on the thoroughfare plan as an arterial.
STRUCTURAL ALTERATION. Any change in the structural members of a building, such as walls, columns, beams, or girders.
STRUCTURE. Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground (not including sidewalks, driveways, and similar improvement areas).
THOROUGHFARE PLAN. The part of the comprehensive plan referring to transportation development goals, principles, and standards; also includes use of the words “major street plan” and “trafficways plan.”
TRAILER. A portable or mobile unit, other than a mobile home, used or designed to carry or transport material or animals.
USED. Includes “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or “intended to be used.”
(Prior Code, § 12-203)
UTILITIES. Public or private facilities for distribution of water, gas, electricity, telephone service, or the collection of sewerage.
YARD. A required space on a lot unobstructed except as expressly permitted.
YARD, FRONT. A yard extending across the full width of a lot from side lot line to side lot line abutting on a street, into which a building may not protrude.
YARD, REAR. A yard extending across the rear of a lot measured from side lot line to side lot line.
YARD, SIDE. A yard extending from front yard to the rear yard abutting the side lot line, into which no building may protrude.
(Prior Code, § 12-205)
(Ord. 1020, passed 1-15-1970; Ord. 05-06, passed 2-14-2005)