For the purpose of this title, words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory. For the purpose of this title, certain terms and words are to be used and interpreted as defined in this section:
ACCESSORY BUILDING OR STRUCTURE: A building customarily incidental and appropriate and subordinate to the main building or use and located on the same lot with the main building.
ACCESSORY USE: A use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same premises.
ADVERTISING SIGN OR STRUCTURE: Any cloth, card, paper, metal, painted, glass, wooden, plastic, plaster, or stone sign or other sign, device or structure of any character whatsoever, including statuary, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure other than a sign shall be determined as the area of the largest cross section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties nor merchandise or materials being offered for sale shall be construed as "advertising signs" for the purpose of this definition.
AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
ALLEY: A minor right of way dedicated to public use which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
APARTMENT HOUSE: A multiple-family dwelling. (See definition of Dwelling, Multiple-Family.)
AUTOMOBILE: See definition of Motor Vehicle.
AUTOMOBILE SERVICE STATION: Any area of land, including structures thereon, that is used for the sale of gasoline or oil fuels, but not butane or propane fuels, or other automobile accessories, and which may or may not include facilities for lubricating, washing, cleaning, or otherwise servicing automobiles, but not including the painting thereof.
AUTOMOBILE WASH OR LAUNDRY: A structure designed primarily for washing automobiles.
AUTOMOBILE WRECKING OR SALVAGE YARD: An area outside of a building where motor vehicles are disassembled, dismantled, junked or wrecked, or where motor vehicles not in operable condition or used parts of motor vehicles are stored.
BASEMENT: A story partly or wholly underground. For purposes of height measurement, a "basement" shall be counted as a story when more than one-half (1/2) of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.
BOARDING HOUSE: A dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more but not exceeding twelve (12) persons.
BUILDING: Any structure intended for shelter, housing or enclosure of persons, animals or chattels. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate structure.
BUILDING COVERAGE: The percentage of the lot area covered by the building, excluding all overhanging roofs.
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 the coping of a flat roof, or the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
BUILDING, MAIN: A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which it is situated.
BUILDING SITE: A single parcel of land occupied or intended to be occupied by a building or structure.
CARPORT: A permanent roofed structure permanently open on at least two (2) sides, designed for or occupied by private passenger vehicles.
CHILDCARE CENTER: Any place, home or institution which receives three (3) or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of the state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree of the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or engaged in church activities.
CLINIC, DENTAL OR MEDICAL: A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions, including, but not limited to, dental and doctors' offices.
CONVALESCENT, REST, NURSING HOME, OR EXTENDED CARE FACILITY: A health facility where persons are housed and furnished with meals and continuous nursing care for compensation.
COURT: An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bordered on two (2) or more sides by such building or buildings.
COURT, INNER: A court other than an outer court. The length of an inner court is the minimum horizontal dimension measured parallel to its longest side. The width of an inner court is the minimum horizontal dimension measured at right angles to its length.
COURT, OUTER: A court, the full width of which opens onto a required yard or street or alley. The width of an outer court is the minimum horizontal dimension measured in the same general direction as the yard, street or alley upon which the court opens. The depth of an outer court is the minimum horizontal dimension measured at right angles to its width.
DISTRICT, ZONING: Any section or sections of Lone Grove for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.
DRIVE-IN RESTAURANT: Any establishment where food, frozen dessert and/or beverage is sold to the consumer and where motor vehicle parking space is provided and where such food, frozen dessert and/or beverage is intended to be consumed in the motor vehicle parked upon the premises or anywhere on the premises outside of the building.
DRY CLEANING OR LAUNDRY, SELF-SERVICE: 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.
DWELLING: Any building, or portion thereof, which is designed or used as living quarters for one or more families.
DWELLING, ATTACHED: A dwelling having any portion of each of one or more walls in common with adjoining dwellings.
DWELLING, DETACHED: A dwelling having open space on all sides.
DWELLING, MULTIPLE-FAMILY: A dwelling designed for occupancy by three (3) or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort type hotels.
DWELLING, SINGLE-FAMILY: A detached dwelling designed to be occupied by one family.
DWELLING, TOWNHOUSE, OR ROW HOUSE: Three (3) or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be owned by one family.
DWELLING, TWO-FAMILY: A dwelling designed to be occupied by two (2) families living independently of each other.
FAMILY: One or more persons related by blood or marriage, including adopted children, or a group of not to exceed five (5) persons (excluding servants) not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A "family" shall be deemed to include domestic servants employed by said family.
FLOOR AREA, GROSS: The sum of the gross horizontal areas of all of the floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two (2) buildings, and including, but not limited to, the following spaces:
A. Basements.
B. Elevator shafts and stairwells at each floor.
C. Floor space for mechanical equipment with structural headroom of seven feet (7').
D. Penthouses.
E. Attic space providing headroom of seven feet (7') or more.
F. Interior balconies, mezzanines and enclosed, covered porches and enclosed steps.
G. Accessory uses in enclosed covered space, but not including space used for off street parking.
FLOOR AREA, NET: The total floor area within a building devoted or intended to be devoted to a particular use, with structural headroom of seven feet (7') or more, whether above or below the finished lot grade, excluding: a) elevators, stairwells, hallways, walls and partitions; and b) floor space permanently devoted to a parking space or parking spaces, mechanical equipment, closets, washrooms, or other items permanently preventing the floor space from being occupied by persons while engaged in the use.
FLOOR AREA RATIO: A mathematical expression determined by dividing the gross floor area of a building by the area of the lot on which it is located, as:
Gross Floor Area Lot Area | = | Floor Area Ratio |
GARAGE APARTMENT: A dwelling unit for one family erected above a private garage.
GARAGE, PRIVATE: An accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants, and their guests, of the building to which it is accessory.
GARAGE, PUBLIC: Any garage other than a private garage, available to the public, used for the care or servicing of automobiles where such vehicles are parked or stored for remuneration, hire or sale.
GARAGE, REPAIR: A building in which are provided facilities for the care, servicing, repair, or equipping of automobiles.
GROSS FLOOR AREA: See definition of Floor Area, Gross.
HELP YOURSELF LAUNDRY: See definition of Dry Cleaning Or Laundry, Self-Service.
HOME ASSOCIATION: An incorporated nonprofit organization operating under recorded land agreements through which:
A. Each lot and/or homeowner in a planned unit or other described land area is automatically a member; and
B. Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and
C. The charge, if unpaid, becomes a lien against the property.
HOME OCCUPATION: Any occupation or profession carried on by the inhabitants 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 buildings; provided, that no trading in merchandise is carried on and in connection with which there is no display of merchandise or 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 or activity is conducted which creates any noise, dust, odor or electrical disturbance beyond the confines of the lot on which said occupation is conducted. The conducting of a beauty or barbershop, tearoom or restaurant, rest home, clinic, doctor or dentist office, childcare center, tourist home, real estate office, or cabinet, metal or auto repair shop shall not be deemed a "home occupation".
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 service facilities and staff offices which are an integral part of the facilities.
HOTEL: A building or group of buildings under one ownership containing six (6) or more sleeping rooms occupied, intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including an auto or trailer court or camp.
KENNEL: Any lot or premises on which four (4) or more dogs, more than six (6) months of age are kept.
LOT: Any plot of land occupied or intended to be occupied by one building or a group of buildings, and accessory buildings and uses, including such open spaces as required by this title and other laws or ordinances, and having its principal frontage on a street.
LOT AREA: The total horizontal area included within lot lines.
LOT, CORNER: A lot of which at least two (2) adjacent sides abut for their full lengths on a street; provided, that the interior angle at the intersection of such two (2) sides is less than one hundred thirty five degrees (135°).
LOT DEPTH: The average distance from the street line of the lot to its rear line, measured in the general direction of the sidelines of the lot.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.
LOT, FRONTAGE: That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINES: The lines bounding a "lot" as defined herein.
MOTOR VEHICLE:
A. A "motor vehicle" is:
1. Any vehicle which is self-propelled; or
2. Any vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
B. The term "motor vehicle" shall not include:
1. "Implements of husbandry" as defined in 47 Oklahoma Statutes section 1-125.
2. "Electric personal assistive mobility devices" as defined in 47 Oklahoma Statutes section 1-114A.
3. "Motorized wheelchairs" as defined in 47 Oklahoma Statutes section 1-136.3.
4. Vehicles moved solely by human or animal power.
NONCONFORMANCE: A lawful condition of a structure or land which does not conform to the regulations of the district in which it is situated. This may include, but is not limited to, failure to conform to use, height, area, coverage or off street parking requirements.
NONCONFORMING USE: A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.
NURSERY, PLANT: The growing and sales of trees, shrubs, bushes, plants or other similar vegetation.
PARKING SPACE: A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile. For purposes of this title, the size of a "parking space" for one vehicle shall consist of a rectangular area having dimensions of not less than nine feet by twenty feet (9' x 20'), plus adequate area for ingress and egress.
PLANNED UNIT DEVELOPMENT: A development planned in accordance with the provisions of chapter 11 of this title.
REST HOME: See definition of Convalescent, Rest, Nursing Home, Or Extended Care Facility.
ROOMING HOUSE: A building where lodging only is provided for compensation to three (3) or more, but not exceeding twelve (12), persons; all in excess of this number shall be defined as a "hotel" under the terms of this title.
SANATORIUM: An institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.
SETBACK: The distance between the lot line and the building line.
SIGNS: See definition of Advertising Sign Or Structure.
SITE DEVELOPMENT PLAN: A plan drawn at a scale of not less than one inch equals fifty feet (1" = 50') which shows the topographic characteristics of the site at two foot (2') contour intervals; the location and dimensions of buildings, yards, courts, and other features; the use of each building and area; the height of buildings; adjacent streets, alleys, utility drainage and other easements; and the relationship of the development to adjacent areas which it may affect.
SPECIAL USE PERMIT: An exemption on review from the conditions and requirements of a particular zoned district of Lone Grove.
STABLE, PRIVATE: A stable with a capacity for not more than two (2) horses or mules.
STABLE, PUBLIC: A stable, other than a private stable, with a capacity for more than two (2) horses or mules.
STORY: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF: A space under a sloping roof which has the line of intersections of roof decking and wall face not more than three feet (3') above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for use. A half story containing independent apartment or living quarters shall be counted as a full story.
STREET: Any public thoroughfare which affords the principal means of access to abutting property.
STREET, INTERSECTING: Any street which joins another street at an angle, whether or not it crosses the other.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground.
TOURIST COURT: An area containing one or more structures designed or intended to be used as temporary sleeping facilities of one or more transient families and intended primarily for automobile transients.
TOURIST HOME: A dwelling in which sleeping accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation.
TOWNHOUSE: See definition of Dwelling, Townhouse, Or Row House.
TRAILER, HAULING: A vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.
TRAILER, TRAVEL OR CAMPING: A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants.
VENEER FINISH: A decorative covering applied to other material. The term "covering" shall include masonry brick, wood, stone, rock, fiberglass and like substance.
YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except where otherwise specifically provided in this title that an accessory building may be located in a portion of a yard required for a main building. In measuring a "yard" for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.
YARD, FRONT: A yard located in front of the front elevation of a building and extending across a lot between the side lot lines and being the minimum horizontal distance between the front property line and the main building or any projections thereof, other than steps.
YARD, REAR: A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDE: A yard between the building and the sideline of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps. (Ord. 86, 2-16-1982; amd. Ord. 141, 1-16-1995, eff. 3-18-1995; 2006 Code; Ord. 2016-262, 4-18-2016, eff. 6-18-2016)