Unless otherwise stipulated or required, the following definitions shall be used in the interpretation and construction of these regulations, and words used in the present tense include the future; the singular shall include the plural, and the plural the singular; the word "building" shall mean as well the word "structure"; the word "used" shall include: "arranged", "designed", "constructed", "altered", "converted", "rented", "leased", or "intended to be used", and the word "shall" is mandatory and not directory.
ACCESSORY OR AUXILIARY USE OR STRUCTURE: A 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.
ADVERTISING SIGN OR STRUCTURE: Any material or structure of any character whatsoever, placed for outdoor advertising purposes. The term placed shall include making visible in any manner whatsoever. The area of the advertising structure shall be determined as the area of the largest cross section of the structure. Neither directional, warning, or other signs posted by public officials in the course of their public duties shall be construed as advertising signs for the purpose of these regulations.
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 the above uses shall not include the commercial feeding of garbage to swine or other animals, stockyards, or commercial feedlots for cattle.
ALLEY: A minor right of way, dedicated to public use, not more than thirty feet (30') 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 where no repair work is done.
AUTOMOBILE REPAIR, MAJOR: General repairs, 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 (11/2) tons' 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 AUTOMOTIVE CAR WASH: A building or structure or chain conveyors, blowers, steam cleaners, and other mechanical device used primarily for the purpose of washing motor vehicles.
BASEMENT: A story wholly or partly 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.
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 on one side of the street between two (2) intersecting streets or a street and a railroad right of way or watercourse.
BOARD OF ADJUSTMENT: The board of adjustment for the city of Jay, Oklahoma, also referred to as board.
BOARDING HOUSE AND ROOMING HOUSE: Where meals or lodging are provided for persons other than the family or their relation, excluding facilities for transient persons such as hotels, motels, inns, supervised living or residential care facilities, and other such facilities.
BUILDING: Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as herein provided.
BUILDING, ACCESSORY: The subordinate building, the use of which is customarily incidental to that of a principal building on the same lot.
BUILDING LINE: A line established beyond which no part of a building shall project, except as otherwise provided by these regulations.
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.
BULK LIMITATION (FLOOR AREA RATIO): The number of square feet of "floor area" as defined herein which is permitted for each square foot of lot area.
BULLETIN BOARD: Any board or sign erected for announcement purposes.
CELLAR: That portion of a building between floor and ceiling partly underground, but having half or more than half of its clear height below the adjoining finished grade.
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 five (5) or more children under the age of sixteen (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 the 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 the institutional buildings while their parents or legal guardians are attending services or meetings or classes and other church activities.
CITY: The incorporated city of Jay, Oklahoma.
CITY BUILDING INSPECTOR: The building inspector of the city of Jay, Oklahoma.
CITY ENGINEER: The city engineer or engineering firm designated by the city of Jay, Oklahoma.
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 comprehensive plan of the city of Jay, Oklahoma, county of Delaware, state of Oklahoma.
COUNCIL: The city council of Jay, Oklahoma; and includes the use of the terms council, city commission, and board of commissioners.
COVERAGE: The lot area covered by all buildings located thereon, including the area covered by all the hanging roofs.
DWELLING: Any building or portion thereof designed or used exclusively as a residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or trailer coach, boarding or rooming house, hotel or motel.
DWELLING, MULTI-FAMILY: A building or portion thereof designed for or used by three (3) or more families or housekeeping units.
DWELLING, SINGLE-FAMILY: A building designed for or used exclusively for residence purposes by one family or housekeeping unit.
DWELLING, TWO-FAMILY: A building designed for or used exclusively by two (2) families or housekeeping units.
DWELLING UNIT: One or more rooms, designed for or used by one family.
ESSENTIAL SERVICES: The erection, construction, alteration, or maintenance by public utility 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, transformation and regulation stations, mains, drains, sewer pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, street and area lighting facilities, 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, safety or general welfare, but not including buildings.
EXCEPTION: A use which is not permitted by right in a particular zoning district because of its potentially adverse effect but which may be permitted upon review of the board of adjustment where specifically authorized by these regulations. Use exceptions must meet the substantive and procedural requirements of these regulations and may be granted subject to specific controls or other limitations imposed by the board of adjustment on a case by case basis in order to protect adjoining property and the general welfare of the public.
FAMILY: One or more persons occupying a single dwelling unit as a single housekeeping unit; provided, that unless all members are related by blood, marriage, or adoption, no family shall contain more than five (5) persons exclusive of domestic servants. The term "family" does not include individuals or groups occupying a single dwelling unit for on site institutional education, training, supervision, medical care, or nursing care nor shall such term include foster homes, motels, hotels, fraternity or sorority houses or boarding houses.
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 (2) buildings.
FRONTAGE: The width of a lot measured at right angles to the depth on the front or street side of the lot.
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 (4) or more automobiles in which any servicing may be provided as 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 building or structure on any parcel of land measured from the average elevation of the lot or parcel to the uppermost point of the structure or building.
HEIGHT LIMIT: The limit of height as imposed in these regulations for any structure or building or permitted use within the zoning district.
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 or advertising sign other than one nonilluminated nameplate, not more than two (2) square feet in area attached to the main or accessory building, and no mechanical equipment is used except such as is customary for purely domestic or household purposes.
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, hospital, asylum, orphanage, or building where persons are housed under a restraint.
INDUSTRY: Storage, repair, manufacture, preparation, or treatment of any article, substance, or any commodity for commercial sale.
INSTITUTIONAL USES: Those uses organized, established, used, or intended to be used for the promotion of a public, religious, educational, charitable, cultural, social, philanthropic activities normally operated on nonprofit basis.
JUNK OR SALVAGE YARD: A place where waste, discarded or salvaged materials are bought, sold, exchanged, bailed, packed, disassembled, or handled, including all wrecking yards, house wrecking, and structural steel materials and equipment; but 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 five (5) or more dogs over four (4) months of age are kept.
LOADING SPACE: An off street space or berth on the same lot with the building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle 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 these regulations, and having access on a public street.
LOT, CORNER: A lot which has at least two (2) adjacent sides abutting 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 mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE: A lot having a frontage of two (2) nonintersecting streets, as distinguished from a corner lot.
LOT, INTERIOR: A lot other than a corner lot.
LOT, WEDGE SHAPED: A lot situated so that the front is either wider or narrower than the rear of the lot.
LOTS OF RECORD: Herein designated as a separate and distinct parcel on a legally recorded plat or a legally recorded deed filed on the records of Delaware County, state of Oklahoma.
MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent base or undercarriage and designed to be used with or without a permanent foundation when attached to required utility systems. A manufactured home shall retain its character as such without regard to whether the structure has had its axles removed or has been placed on a permanent foundation. Recreational vehicles are not included in this definition.
MANUFACTURED HOME STAND: That part of a manufactured home park, subdivision, or residential lot which has been reserved for the placement of manufactured housing.
MAXIMUM COVERAGE: The maximum amount of land that may be covered by buildings on any lot.
MEAN LOT ELEVATION: The average elevation of a lot.
MEDICAL FACILITIES:
Convalescent, Rest Or Nursing Home: A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.
Dental Clinic Or Medical Clinic: A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.
Dental Office Or Medical Office: Same as Dental Clinic Or Medical Clinic.
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.
Public Health Center: A facility primarily utilized by a health unit for providing public health services including related facilities, laboratories, clinics, and administrative offices.
Sanatorium: An institution providing health facilities for in-patient medical treatment or recuperation making use of natural therapeutic agents.
MOBILE HOME: A manufactured home or a manufactured home dwelling.
NONCONFORMING USE: A parcel of land lawfully occupied by a use that does not conform to the regulations of the district in which it is located.
OFF STREET PARKING: The provision of space reserved exclusively for the parking of motor vehicles entirely off the public street and lying wholly within the property boundaries of the parcel of land affected.
OPEN SPACE: 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 or porches.
PARCEL: A "lot" as defined herein.
PARKING AREA, PRIVATE: An open area for the same uses as private garage.
PARKING AREA, PUBLIC: An open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for fee, free, or as an accommodation for clients or customers.
PARKING SPACE: A permanently surfaced area at least nine feet (9') in width by twenty feet (20') in length either within a structure or in the open, exclusive of driveways or access drives for the parking of motor vehicles.
PERMITTED USES: The use of a structure or of a tract of land allowed by the use regulations of this title.
RECREATIONAL VEHICLE: A trailer, travel trailer, camping trailer, truck camper or camper shell, motor home, tent trailer, boat, houseboat or similar vehicle or unit less than forty feet (40') in length and less than ten feet (10') in width. Camper shells attached to a pickup truck are not considered to be recreational vehicles.
ROOMING HOUSE: See definition of Boarding House And Rooming House.
SIGN: Any structure or part thereof, or any device attached to, painted on, or represented on a building or other structure, upon which is displayed or included any lettering, model, banner, flag, pennant, insignia, decoration, device, or representation used as, or which is in the nature of, an announcement, direction, advertisement, or other attention directing device. A sign shall not include the similar structure or device located within a building except for illuminated signs within show windows. The sign includes any billboard, but does not include the flag, pennant, or insignia of any nation or association of nations, or any state, city, or other political, charitable, educational, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event.
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 a 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.
STORY, FIRST: The lowest story or the ground story of any building, the floor of which is not more than twelve inches (12") below the average contact ground level at the exterior walls of the building; except that any basement or cellar used for residence purposes shall be deemed the first story; provided, that a basement or cellar used purely for recreational purposes shall not be deemed the first story.
STORY, MEZZANINE: A story which covers one-third (1/3) or less of the story directly underneath it.
STREET: A public right of way more than twenty feet (20') in width which provides a public means of access to abutting property and used primarily for vehicular circulation. The term street shall include avenue, drive, circle, road, parkway, boulevard, land, place, highway, thoroughfare, and any other similar term.
STREET, ARTERIAL: As described and shown on the comprehensive plan.
STREET, COLLECTOR: As described and shown on the comprehensive plan.
STREET, INTERSECTING: A street which adjoins another street at an angle whether or not it crosses the other.
STREET, MINOR: Any street not designated as an arterial or collector street and intended to serve or provide access exclusively to the properties abutting thereto.
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, including buildings, fences, and signs, but not including sidewalks, driveways, and similar improved areas.
THOROUGHFARE, EXPRESSWAY: A primary thoroughfare with divided roadways, partial or full control of access in general with grade separations at intersections. A "freeway" shall mean an expressway with full control of access and meeting the standards of the bureau of public roads, U.S. department of transportation.
THOROUGHFARE PLAN: The part of the comprehensive plan referring to transportation development goals, principles, and standards and also includes use of the words "major street plan" and "trafficway plan".
THOROUGHFARE, PRIMARY OR SECONDARY: An officially designated federal or state numbered highway or county or other road or street designated as a primary thoroughfare on the official thoroughfare or comprehensive plan for the city of Jay, Oklahoma, or county or other road or street designated as a secondary thoroughfare on said plan, respectively.
TOURIST COURT/RECREATIONAL VEHICLE PARK: An area containing one and/or more buildings and five (5) or more sites for locating recreational vehicles or travel trailers and designed or intended to be used as temporary facilities for one or more transient persons.
TRAFFIC SIGNALING DEVICE: A sign, device or mechanical contrivance, used for the control of motor vehicle and pedestrian traffic.
USE: The purpose for which land or a building or structure is arranged, designed, or intended, or for which either land, building, or structure is, or may be, occupied or maintained.
UTILITY SERVICE INSTALLATION: Any structure or installation by utility company deemed to be necessary for the safe or efficient operation of that utility.
VARIANCE: A relaxation of any requirement or restriction of these regulations, granted by the board of adjustment, whereby reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional characteristic, situation or condition of a particular property, the literal enforcement of the provisions of these regulations would result in unnecessary hardship.
YARD, FRONT: A yard extending across the full width of a lot from side lot line to side lot line abutting on a street.
YARD, REAR: A yard extending across the rear of a lot measured from side lot line to side lot line and at opposite end to the front lot line.
YARD, SIDE: A yard extending from front building line to the rear building line abutting the side lot line.
ZONING COMMISSION: In these regulations, whenever the term zoning commission, or commission, is used, reference is made to the zoning commission as established pursuant to state statutes.
ZONING MAP: The adopted zoning map or maps of the city of Jay together with all amendments. (1985 Code ch. 16 § 3-6)