10-1-17: ACRONYMS AND DEFINITIONS:
For the purpose of this title, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as hereinafter set forth. Unless the context already indicated to the contrary, words used in the present tense include the future tense; words used in plural number include the singular; the word "shall" is always mandatory; the words "used" or "occupied", as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied".
   A.   Acronyms:
AASHTO
American Association of State Highway Transportation Officials
ADA
Americans With Disabilities Act
BMP
Best Management Practices
CABO
Council of American Building Officials
dbh
Diameter at breast height
DEQ (ODEQ)
Oklahoma Department of Environmental Quality
DOT (ODOT)
Oklahoma Department of Transportation
FCC
Federal Communications Commission
FEMA
Federal Emergency Management Agency
FIRM
Flood Insurance Rate Map
GIS
Geographic Information System
HVAC
Heating, ventilation, and air conditioning
IBC
International Building Code
ICC
Interstate Commerce Commission
IFC
International Fire Code
IMC
International Mechanical Code
ITE
Institute of Transportation Engineers
LSC
Life Safety Code
NFPA
National Fire Protection Association
NOI
Notice of intent
NWI
National Wetland Inventory
PUD
Planned Unit Development District
RV
Recreational vehicle
USACE
United States Army Corps of Engineers
 
   B.   Definitions:
   ABANDON: To cease from actively using land or any premises for its intended use for a time period greater than specified.
   ABANDONED BUILDING:
      1.   Any vacant building which by reason of lack of maintenance or by reason of the boarding up of its doors and windows, or other reasons, has a substantial adverse effect on the value of property in the immediate neighborhood; or
      2.   A building, the principal use of which has been abandoned, and that no longer has any function or use; or
      3.   Any railroad trestle or siding no longer in use; or
      4.   Any vacant building which is frequented by persons who are not lawful occupants of such structure.
   ABANDONED VEHICLE: Any vehicle not capable of being moved under its own power, or with deflated tire or tires, or without tire or tires, or without current license tags, which remains parked upon such street or highway for a period of more than forty eight (48) hours.
   ABATE: To end a nuisance, emergency, or nonconformance.
   ABATEMENT: Any action taken to reduce, relieve, or suppress another continuing action.
   ABATTOIR: See definition of slaughterhouse.
   ABUTTING: Having property or district lines in common; e.g., two (2) lots are abutting if they have part or all of the property lines in common.
   ACCESSORY BUILDING OR STRUCTURE: A subordinate building or portion of the main building, the use of which is incidental to that of the dominant use of the building or premises.
   ACCESSORY USE: A use customarily incidental, appropriate and subordinate to the main use of land or buildings located upon the same premises.
   AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. The operation of commercial feed pens, sales yards, slaughterhouses and auction yards for cattle or hogs shall be deemed an industrial and not an agricultural use and shall be brought under review to the Planning and Zoning Commission.
   AIR RIGHTS: The rights to a space above a property, for development, usually for a dissimilar use.
   AIR SPACE: The space above the land which might be subject to division and sale either with, or separate from, the surface.
   AIRPORT: A place where aircraft can land and depart, usually equipped with landing field facilities for refueling and repair, and various accommodations for passengers.
   ALCOHOLIC BEVERAGES, RETAIL SALES: A retail establishment, such as a liquor store, licensed to sell alcoholic beverages such as beer, wine, and liquor. No on-site consumption is allowed.
   ALLEY: A minor right-of-way, dedicated to public use, from which a secondary means of access to the back or side of properties abutting a street is obtained (not intended for general traffic circulation), and which may be used for public utility purposes.
   ALTERATION: The following:
      1.   Any addition to the height or depth of a building or structure;
      2.   Any change in the location of any of the exterior walls of a building or structure; and
      3.   Any increase in the interior accommodations of a building or structure.
   ANIMAL BOARDING PLACE (See Also KENNEL): Any structure, land, or combination thereof used, designed, or arranged for the boarding, breeding or care of dogs, cats, pets, fowl, horses, or other domestic animals for profit, but exclusive of animals used for agricultural purposes.
   ANIMAL, DOMESTIC: An animal that is tame or domesticated and not normally found in the wild state. Hybrids of animals normally found in the wild state are not included within the meaning of domestic animal.
   ANIMAL PET SHOP, RETAIL: A retail establishment offering small animals, fish, or birds for sale as pets and where all such creatures are housed within the building.
   ANIMAL SALES AND SERVICES: Animal sales and services uses, not incidental to agricultural uses, which involve the selling, boarding, or care of animals on a commercial basis. Accessory uses may include confinement facilities for animals, parking, and storage areas.
   ANIMAL TRAINING SCHOOL: A facility that specializes in the training of household animals.
   ANNEX: To incorporate a land area into the corporate limits of the City of Marlow with a resulting change in the boundaries of City.
   APARTMENT:
    Apartment Building: A building designed for or occupied by three (3) or more families with separate housekeeping facilities for each family. Such building shall include: apartment houses, apartments and flats, efficiency apartments, and studio apartment, but, not including boarding or rooming house, hostels, or motels.
    Apartment, Garage: A dwelling unit accessory to a principal dwelling and erected as part of a private garage, shop, or barn and shall be under the same ownership as the principal dwelling, providing independent living quarters including sleeping, eating, cooking and sanitation facilities. The minimum heated and cooled square footage shall be six hundred (600) and shall be fifty percent (50%) of the heated and/or cooled square footage of the dwelling. The principal dwelling and the garage apartment shall remain under the same ownership. No more than one such accessory dwelling unit shall be permitted on a lot with a principal dwelling and such accessory unit shall be located within the rear yard. The lot on which such is to be established shall be fifty percent (50%) greater in area than the minimum standard size for the respective district.
   APPEAL: A formal review of an administrative decision regarding provisions of this title.
   AQUIFER: Any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well.
   ARBORETUM OR BOTANICAL GARDEN: A public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants.
   ART GALLERY OR MUSEUM, PRIVATE: Any permanent institution for the collection and display of objects of art or science, not operated by a public or quasi-public agency.
   ART GALLERY OR MUSEUM, PUBLIC: Any permanent institution for the collection and display of objects of art or science, sponsored by a public or quasi-public agency and open and available to the public.
   AS-BUILT PLANS: Detailed construction plans showing completed improvements as constructed.
   ASSEMBLY, LIGHT: An establishment engaged only in the assembly of goods. No manufacturing of parts occurs. Goods are shipped to the establishment, assembled, packaged, and reshipped.
   ASSISTED LIVING FACILITY, CONVALESCENT HOME, OR NURSING HOME: Residences for those in need of medical attention that provide rooms, meals, personal care, and supervision of self- administered medication.
   AUTO SALVAGE YARD: Any lot upon which two (2) or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license or registration, have been placed for the purpose of obtaining parts for recycling or resale.
   BAR/NIGHTCLUB: A structure or part of a structure used primarily for the sale or dispensing of alcoholic beverages or liquor by the drink. Dancing and musical entertainment are permitted.
   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.
   BED AND BREAKFAST INN: A facility where overnight accommodations are provided to transients for compensation, with or without a morning meal, and where the operators of the facility live on the premises. Signage for a bed and breakfast use shall be non-illuminated and no larger than four (4) square feet. All guest vehicles shall be parked in an orderly manner on the property of the facility. The facility shall comply with all applicable Life Safety and Building Code regulations.
   BERM: An earthen mound or embankment, usually two feet (2') to six feet (6') in height, designed to provide visual interest, screen views, reduce noise, or fulfill other such purposes.
   BLOCK: A parcel of land, intended to be used for development purposes, which is entirely surrounded by public streets, highways, railroad rights-of-way, public walks, parks, rural lands, drainage channels or boundary lines of municipalities, and not traversed by a through street.
   BOARD OF ADJUSTMENT 1 : A local quasi-judicial body, created by ordinance, whose responsibility is to hear appeals concerning the strict interpretation of this title, and to consider requests for variances under the terms of this title.
   BOARDING, DORMITORY, OR ROOMING HOUSE: A building 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 six (6) persons and not open to transient customers.
   BOAT AND/OR RV STORAGE: A facility where boats and/or recreational vehicles are stored outside for seventy two (72) hours or more.
   BROADCASTING OR RECORDING STUDIO (NO TOWER): A building or portion of a building used as a place for radio or television broadcasting or recording but without a transmission tower.
   BUFFER ZONE: A strip of land established to protect one type of land use from another with which it is incompatible. A buffer zone is comprised of a buffer use which may, in addition to the normal range of open space and landscaping uses, take the form of "transitional" uses, structures or yards.
   BUILDABLE AREA: The space remaining on a zoned lot, after the minimum open space requirements (coverage, yards and setbacks) have been met.
   BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, including any other structure when separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate building.
   BUILDING ADDITION: Any walled and roofed expansion to the perimeter of a building which is connected by a common load- bearing wall other than a firewall.
   BUILDING COVERAGE: The percentage of the lot area covered by the building; the building coverage shall include all overhanging roofs.
   BUILDING FRONTAGE: The linear feet of the exterior wall of a building that faces any road or street that provides a means of direct ingress and egress to the lot.
   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, the deckline of a mansard roof or to the average height of the highest gable of a pitch or hip roof.
   BUILDING LINE:
      1.   A line frequently drawn on a subdivision plat to indicate the setback distance from the lot line. (Note: This line does not necessarily coincide with the actual construction line of a building or structure; this is only a minimum requirement.)
      2.   A line beyond which no foundation wall or part of the structure of any building shall project, with the exception of roof overhang, walkways, and the subsurface projection of footings; provided, however, that such overhang does not exceed six feet (6') and does not encroach upon the adjacent property or right-of-way.
   BUILDING PERMIT: A permit required before construction can be initiated. Building permit provisions are contained in this Code.
   BUILDING, PRINCIPAL OR 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 in one ownership, occupied or intended to be occupied, by a building or structure.
   BUS AND PASSENGER TRAIN TERMINAL: Any premises for the transient housing or parking of motor-driven buses or trains and the loading and unloading of passengers.
   CALIPER: The diameter of the tree trunk measured at six inches (6") above ground level for a tree trunk having a diameter of four inches (4") or less and the diameter of the tree trunk measured at twelve inches (12") above ground level for a tree trunk having a diameter exceeding four inches (4").
   CAMPGROUND: An area or tract of land for which accommodations for temporary occupancy are located or may be placed, including RV parks, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character.
   CAR WASH: A facility for the cleaning of automobiles, providing either self-serve facilities or employees to perform washing operations.
   CARPORT: A permanently roofed structure, open on at least two (2) sides, designed for, or occupied by, private passenger vehicles.
   CATERING SERVICE: An establishment that prepares food for service at a remote site.
   CEMETERY: Land used or dedicated to the interment of human or animal remains, including columbaria, mausoleums, mortuaries, and associated maintenance facilities when operated in conjunction with, and within the boundaries of, such cemetery.
   CERTIFICATE OF OCCUPANCY: A document issued by the building official indicating the use of a particular building or land conforms to the requirements of this title.
   CHILD CARE FACILITY: Child care uses include facilities that provide care for children on a regular basis away from their primary residence. This category does not include public or private schools or facilities operated in connection with an employment use, shopping center, or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity. Accessory uses include offices, recreation areas, and parking.
   CHILDCARE OR DAYCARE 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, that this definition shall not include public and private schools organized, operated or approved under the laws of this State, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children while their parents or legal guardians are attending services, or meetings or classes, or engaged in church activities.
   CHURCH (PLACE OF WORSHIP): An institution that people regularly attend to participate or hold religious services, meetings, and other related activities.
   CITY: The City of Marlow, Stephens County, Oklahoma.
   CITY COUNCIL: The Governing Body of the City of Marlow, Oklahoma.
   CITY WATER AND SEWER SYSTEM: The City of Marlow water distribution and wastewater collection systems, and all component parts, equipment, and structures necessary to provide such services.
   CLUB OR LODGE: An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational, or like activities, operated for the benefit of its members and not open to the general public.
   CLUSTER DEVELOPMENT: A development pattern in which the uses are "clustered", rather than spread evenly throughout a parcel as in conventional lot by lot development. (Cluster development is used to preserve open space, create workable land use mixtures, and save money by building fewer streets and shorter utility lines.)
   CODE: The officially adopted "City Code" of Marlow, Oklahoma.
   COLLEGE OR UNIVERSITY: A degree-granting institution, other than a trade school, that provides education beyond the high school level. The use includes, but is not limited to, classroom buildings, offices, laboratories, lecture halls, athletic facilities, and dormitories.
   COMMUNITY PLAYFIELDS AND PARKS: A tract of land owned by a governmental or quasi-governmental entity and available to the public for recreational purposes. This definition includes indoor recreational facilities, swimming pools, playgrounds, and athletic fields.
   COMMUNITY SERVICE: Uses including buildings, structures, or facilities owned, operated, or occupied by a governmental entity or private organization to provide a service to the public.
   COMPATIBILITY: The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict.
   COMPREHENSIVE OR MASTER PLAN: The officially adopted Comprehensive Plan or plans for Marlow, Oklahoma, which provide long range development policies, plans and programs for the Municipality and its developing areas, and which may include, among other things, land use and housing elements, traffic circulation elements, and community utilities and facilities elements.
   CONDITIONS TO ZONING APPROVAL (CONDITIONAL ZONING): A requirement adopted by the City Council at the time of approval of a rezoning or special use permit which places greater or additional requirements or restrictions on the use and development of the subject property than provided in this title and is designed to improve the negative effects of the rezoning or special use on neighboring properties and to protect the public health, safety, or general welfare. This shall be used in rare or extreme situations.
   CONDOMINIUM: A form of individual ownership within a multi- family building, with joint responsibility for maintenance and repairs. In a condominium, each apartment is owned outright by its occupant(s), and each occupant owns a share of the land and other common property of the building.
   CONSTRUCTION: Any site, preparation, assembly, erection, substantial repair, alteration or similar action but excluding demolition, for or of public or private right-of-way, structures, utilities or similar property.
   CONVENIENCE STORE WITH GAS SALES: An establishment engaged in the sale of convenience goods, such as, but not limited to, prepackaged food items, tobacco, over-the-counter drugs, periodicals, and other household goods; and which also provides the retail sale of petroleum products that are dispensed through gasoline pumps and other supplies for motor vehicles.
   COOPERATIVE HOUSING: A multi-unit development operated by and for its occupants. Individual occupants do not own their specific housing units outright, but instead own shares in the enterprise.
   CORRECTIONAL FACILITY: A public or privately operated facility housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.
   COURTS AND COURT YARDS: Open, unoccupied spaces that are wholly or partially enclosed.
   CREMATORIUM: A location containing properly installed, certified apparatus intended for use in the act of cremation. This use does not include a funeral parlor or public area.
   CRITICAL FACILITY: Any public or private facility, which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Critical facilities include:
      1.   Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, or water-reactive materials;
      2.   Hospitals and nursing homes, and housing for the elderly, which are likely to contain occupants who may not be sufficiently mobile to avoid the loss of life or injury during flood and storm events;
      3.   Emergency operation centers or data storage centers which contain records or services that may become lost or inoperative during flood and storm events; and
      4.   Generating plants, and other principal points of utility lines.
   CROSSWALK: A right-of-way within a block dedicated to public use for pedestrian use only and so designed as to provide access to adjacent streets or lots.
   CUL-DE-SAC: A dead-end local street, of limited density, opened at one end and closed at the other by a permanent turnaround.
   CULTURAL FACILITY: Displays or preserves objects of interest or provides facilities for one or more of the arts or sciences. Accessory uses may include parking, storage areas, offices, and gift shops.
   CURB CUT: The providing of vehicular ingress and/or egress between property and an abutting public street.
   DEAD-END STREET: A street having only one end open for access to another street, and other end being abruptly terminated with no turnaround.
   DECK: A raised, flat, and floored roofless platform adjoining a dwelling or structure. A deck is not considered to be part of the structure for living area measurement purposes; however, it is required to meet all front, side, and rear yard setbacks. Flooring for a deck is generally made of wood materials set upon piers.
   DEDICATION: The transfer of property from private to public ownership, under adopted subdivision regulations, as a condition of subdivision plat approval.
   DENSITY: The number of persons or housing units per acre of land.
   DEVELOPER: Any person, firm, trust, partnership, association or corporation engaged in development or proposed development of land.
   DEVELOPMENT: Man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment.
   DIAMETER AT BREAST HEIGHT: A forestry term that takes the thickness measurement of a tree at four and one-half feet (4.5') above the ground.
   DIRECTOR: The City Manager of the City of Marlow, Oklahoma, or his or her duly designated representative.
   DRAINAGE STRUCTURE: A device composed of virtually non- erodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, and flood control purposes.
   DRIP LINE: The periphery of the area underneath a tree, which would be encompassed by perpendicular lines extending from the exterior edges of the crown of the tree. The area under or around the tree containing the fragile feeder roots of the tree.
   DRIVE-IN RESTAURANT: Any establishment where food and/or beverages are sold to the consumer, where motor vehicle parking space is provided, and where food and/or beverages are intended to be consumed in a motor vehicle parked upon the premises or where there is an option of consuming food either in a motor vehicle or within the restaurant building.
   DRIVE-IN WINDOW: A portion of any building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transaction. Drive-in windows shall have at a minimum one hundred fifty feet (150') of approach distance on the property in which vehicles may queue prior to reaching the window.
   DRY CLEANING AND LAUNDRY SERVICE: An establishment where laundry or dry cleaning is dropped off by customers or picked up by customers and that also includes on-site laundry and/or cleaning activities, including related operation of equipment and machinery. Establishments that do not include on-site cleaning activities are classified as "general personal services".
   DUPLEX: A dwelling having separate apartments for two (2) families with two (2) unique entrances and addresses.
   DWELLING: Any building, or portion thereof, which is used or designed for residential purposes.
   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, MULTI-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 motels.
   DWELLING, SINGLE-FAMILY: A residence designed for one family.
   DWELLING, TWO-FAMILY: A building designed to be occupied by not more than two (2) families (also known as a "duplex").
   DWELLING UNIT: One or more rooms in a dwelling, apartment, boardinghouse, hotel or motel, designed primarily for occupancy by one family for living, eating, and sleeping purposes.
   EASEMENT: A grant by the property owner to the public, a corporation or persons, of the use of a strip of land for specific purposes. A grant of one or more property rights by a property owner to the general public, a public utility, a governmental unit, or a private individual or corporation for the use of a portion of the owner's land for a specific purpose, or use as a means of access to other property. Easements shall be designated "public" or "private" depending upon the nature of the usage.
   EASEMENT, DRAINAGE: An agreement allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement.
   EDUCATION: Education uses are public, private, and parochial institutions at the primary, elementary, middle, high school, or post-secondary level, or trade or business schools, which provide educational instruction to students. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care.
   ELEMENTARY SCHOOL: An educational institution that satisfies the compulsory education laws of the State of Oklahoma for students in elementary grades. This definition includes both public schools and private schools that have a curriculum similar to public schools.
   EXISTING MANUFACTURED HOME/MOBILE HOME PARK OR SUBDIVISION: A manufactured home or mobile home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes or mobile homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before the effective date of this title.
   EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
   FAMILY: One or more persons related by blood or marriage, 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.
   FARM: A bona fide farm is the primary or principal use of land and buildings for the purpose of conducting agricultural activities including, raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock; or the production of plants, trees or timber. When agricultural activities are secondary or an accessory to the principal residential or other use, the property shall not be considered a bona fide farm.
   FARMERS MARKET: A retail establishment primarily engaged in the sale of fresh fruits and vegetables.
   FILL: A portion of land surface to which soil or other solid material has been added; the depth above the original ground.
   FINANCIAL INSTITUTION, WITH DRIVE-THRU: An establishment that provides banking services, lending, or similar financial services to individuals and businesses. This definition includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. The establishment has a drive-through facility.
   FINANCIAL INSTITUTION, WITHOUT DRIVE-THRU: Same as the definition for financial institution, but with no drive-through facility.
   FINANCIAL SERVICE: Establishments that provide retail banking services, mortgage lending, and similar financial services to individuals and businesses. This classification includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities, but does not include bail bond brokers. Accessory uses may include automatic teller machines, offices, and parking.
   FITNESS AND RECREATIONAL SPORTS CENTER: A facility primarily featuring equipment for exercise and other active physical fitness and/or recreational sports activities, such as swimming, skating, racquet sports, aerobic dance, gymnasium facilities, indoor soccer, yoga, and other kinds of sports and fitness facilities.
   FLEA MARKET: Buildings or open spaces in which booths or sales areas are provided for rent by various unrelated individuals to sell a variety of merchandise. This does not include yard sales, garage sales, or farmers markets.
   FLOOD: A general and temporary condition of partial or complete inundation of normally dry land area from the overflow of inland waters, or the unusual and rapid accumulation of surface waters from any source.
   FLOODLIGHT: Any unshielded reflector type light fixture attached directly to a building or post.
   FLOODPLAIN: Any land area susceptible to being inundated by water from any source. (See definition of flood.)
   FLOOR: The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
   FLOOR AREA: The total square feet of floor space within the outside dimensions of a building, including each floor level, but excluding carports, garages, breezeways, porches, verandas, and balconies.
   FLOOR AREA RATIO: The floor area of the buildings on a lot, divided by the lot area.
   FOOD AND BEVERAGE SERVICE: Food and beverage service businesses serve prepared food or beverages for consumption on or off the premises. Accessory uses may include food preparation areas, offices, and parking.
   FOSSIL FUEL STORAGE: A permanent facility for the storage of fossil fuels and fossil fuel byproducts including, but not limited to, gasoline, diesel fuel, and motor oil. Uses include those that store such products for transportation. Storage of gaseous products such as liquefied natural gas (LNG), compressed natural gas (CNG), butane, and propane for immediate use by the final consumer are included in this definition.
   FRONTAGE: That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but not the ordinary side of a corner lot.
   FUNERAL SERVICES: An establishment for the preparation of the deceased for burial and rituals connected with, and conducted before, burial or cremation. This definition may include a facility for the permanent storage of cremated remains of the dead.
   GARAGE, PRIVATE: A detached accessory building or portion of a main building used for the parking or temporary storage of the automobiles of the occupants of the premises; provided, that not to exceed two (2) spaces may be rented to persons not residing on the premises.
   GARAGE, PUBLIC: A garage operated as a business devoted primarily to the repair, storage, maintenance, service or sales of motor vehicles, or any combination thereof.
   GASOLINE SALES: Any area used for retail sale of gasoline or oil fuels, or automobile accessories and incidental services. The use may only include facilities allowed under either "major or minor vehicle service and repair" if such use is allowed in the zoning district.
   GENERAL INDOOR RECREATION: An establishment offering entertainment, game playing, or similar amusements to the public within an enclosed building. This shall include, but is not limited to, arcades, bowling alleys, billiard parlors, bingo parlors, laser tag parlors, and indoor shooting ranges.
   GENERAL INDUSTRIAL SERVICE: Establishments engaged in the storage, repair, or servicing of agricultural, industrial, business, or consumer machinery, equipment, products, or byproducts. Examples include but are not limited to: construction materials storage; welding shops, machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; repair or storage of heavy machinery; heavy truck servicing and repair; aircraft servicing and repair; tire retreading or recapping. Accessory activities may include retail sales, offices, parking, and storage.
   GENERAL OUTDOOR RECREATION: Intensely developed recreational uses such as amusement parks, miniature golf courses, commercial tennis courts, batting cages, skateboard or skate parks or courses, bicycle motocross courses, water parks or slides, drive- in movie theaters, courses for paramilitary games, and archery facilities.
   GENERAL PERSONAL SERVICES: An establishment that provides care, advice, aid, maintenance, repair, treatment, or similar semi-technical, technical, or experienced assistance, other than the practice of a profession and wholesale or retail sale of goods. Examples include, but are not limited to, shoe repair, beauty and barber shops, massage therapy, tanning salons; and dry cleaning pick-up and drop-off shops that do not conduct dry cleaning on the premises.
   GOLF COURSE OR DRIVING RANGE: A tract of land laid out with a course having nine (9) or more holes for playing the game of golf, including any accessory clubhouse, driving range, office, restaurant, concession stand, picnic tables, pro shop, maintenance building, restroom facility, or similar accessory use or structure. This term shall not include miniature golf courses as a principal or accessory use, nor shall it include driving ranges that are not accessory to a golf course, nor shall it include lighted golf courses. Depending on the district in which the course is located, the course may be either lighted or unlighted.
   GOVERNMENT ADMINISTRATION AND CIVIC BUILDINGS: An office of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to: post offices, employment offices, public assistance offices, or motor vehicle licensing and registration services.
   GRADE: The lowest point of elevation of the finished surface of the ground immediately surrounding the building or structure.
    Finished Grade: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design.
    Highest Adjacent Grade: The highest natural elevation of the ground surface next to the proposed walls of a structure.
   GRADING: Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.
   GREENBELT: An area of woods, parks, or open land designated for aesthetics of a community or neighborhood.
   GROUND ELEVATION: The original elevation of the ground surface prior to cutting or filling.
   GROUP HOME: A residential facility which provides a family living environment including supervision and care necessary to meet the physical, emotional, and social needs of its residents. The capacity of such facility shall be at least four (4) residents but not more than fifteen (15) residents.
   GROUP LIVING: A use category that is characterized by residential occupancy of a structure by a group of people who do not meet the definition of "household living". Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment, and caregivers may or may not also reside at the site. Accessory uses commonly include recreational facilities and vehicle parking for occupants and staff.
   GUEST COTTAGE: Living quarters within a detached accessory building located on the same lot or parcel of land as the primary structure, used exclusively for housing members of the family occupying the main building and their nonpaying guests. Such quarters shall not be rented or otherwise used as a separate dwelling. By no means shall such a use be considered a separate primary structure and eligible for a minor subdivision if either resulting lot created will be substandard in size.
   HARDSCAPE: Non-deleterious materials used to augment the beauty of a landscaped area. "Hardscape" may include brick, stone or rock walls, fountains, ponds, pools, planter or retaining walls, but it excludes artificial plants, trees, or other artificial vegetation.
   HEALTH CARE FACILITY: Health care uses are characterized by activities focusing on medical services, particularly licensed public or private institutions that provide primary health services and medical or surgical care to persons suffering from illness, disease, injury, deformity, or other physical or mental conditions. Accessory uses may include but are not limited to laboratories, outpatient, or training facilities, and parking.
   HEIGHT: The vertical distance measured from average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof on a building. When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.
   HELIPORT: An area designed to be used for the landing or takeoff of helicopters, which may include all necessary passenger and cargo facilities, fueling, and emergency service facilities.
   HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building.
   HISTORIC STRUCTURE: Any structure that meets one or more of the following conditions:
      1.   Listed individually in the National Register of Historical Places (as maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
      2.   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
      3.   Individually listed on a State inventory of historic places and determined as eligible under the State Historic Preservation Program, which has been approved by the Secretary of the Interior.
      4.   Individually listed on a local inventory of historic places if the local Historic Preservation Program has been certified by either an approved State program as determined by the Secretary of the Interior, or directly by the Secretary of the Interior.
   HOME DAY CARE: State-licensed day care for children that takes place in the provider's home, which does not employ anyone other than the resident provider.
   HOME OCCUPATION: Any occupation carried on only by the inhabitants, which is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof, and which is conducted entirely within the main building; provided, that in connection with which, there is no sign or display, and that 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.
   HOMEOWNERS' ASSOCIATION: An incorporated, nonprofit organization, operating under recorded land agreements, through which: 1) each lot and/or homeowner in a described land area is a member; 2) each lot is subject to a charge for a proportionate share of the expenses for the organization's activities; and 3) the charge, if unpaid, becomes a lien against the property. Also known as a property owners association (POA).
   HORTICULTURE NURSERY SALES: Land or buildings used to raise flowers, shrubs, trees, and other plants for retail sale.
   HOSPITAL: A building or portion thereof for the accommodation of sick, injured, or infirm persons. Services regularly include the keeping of patients overnight.
   HOTEL OR MOTEL: 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, sanitorium, hospital, asylum, orphanage or building where persons are housed under restraint.
   HOUSEHOLD LIVING: A use category that is characterized by residential occupancy of a dwelling unit by a household.
   IMPERVIOUS SURFACE: A surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, and any concrete or asphalt surface.
   IMPROVEMENTS: Street grading, surfacing, installation of sidewalks, curb, gutter, water, sanitary and storm sewer systems, culverts, bridges, and trees as may be required by the City.
   INDUSTRIAL SERVICE: An establishment engaged in the repair or servicing of agricultural, industrial, business, or consumer machinery, equipment, or products.
   INFILL: Development of vacant or remnant lands passed over by previous development in the area.
   INSTITUTIONAL BUILDING OR USE: A building occupied by a nonprofit organization or a nonprofit establishment for the use of the public.
   INSTRUCTIONAL SERVICES: A specialized instructional establishment that provides on-site training of business, artistic, or commercial skills. Examples include, but are not limited to, fine arts schools, computer instructional services, and driving schools. This use does not include establishments that teach skills that prepare students for jobs in a trade (e.g., carpentry), which are classified under "trade schools".
   INTENSITY: The degree to which land is used (often used synonymously with "density").
   JUNK OR SALVAGE: Used machinery, scrap, iron, steel, other ferrous and nonferrous metals, tools, implements or portions thereof, glass, plastic, cordage, building materials, or other waste that has been abandoned from its original use and may be used again in its present or in a new form.
   JUNK YARD: Use of property for outdoor storage, keeping, abandonment, sale, or resale of junk including scrap metal, rags, paper or other scrap materials, used lumber, salvaged house wrecking and structural steel materials and equipment, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.
   JURISDICTION: The jurisdiction of the Marlow Municipal Planning Commission, for purposes of zoning, which shall include all lands within the corporate limits of the City of Marlow, Oklahoma.
   KENNEL: Any lot or premises on which three (3) or more dogs, more than six (6) months of age, are kept.
   LANDSCAPED AREA: The unpaved area that contains grass, shrubs, flowers, ground cover, trees, or native plant materials of any kind and that may include decorative fixtures or accouterments such as rock, pools, and planters. Does not include artificial plants, trees, or vegetation.
   LANDSCAPED EDGE: Landscape area required to be provided adjacent to a street or highway in multifamily and nonresidential areas.
   LANDSCAPED ISLAND: Unpaved area located within or protruding into a parking lot or the center of an entry into a development's drive or street. The area of a landscaped island is measured from back of inside curb to the back of inside curb.
   LIBRARY, PUBLIC: A permanent facility for storing and loaning books, periodicals, reference materials, audio and videotapes, and other similar media for use by the public.
   LIGHT BUSINESS: A retail or service establishment that operates a low impact business and has fewer than five (5) employees working at any given time.
   LIGHT SOURCE: The source of illumination and includes neon, fluorescent or similar tube lighting, the incandescent bulb (including the light producing elements therein) and any reflecting surface that, because of its construction and/or placement, becomes in effect the source of illumination.
   LIVESTOCK: Domestic animals customarily raised or kept on farms for profit or other purposes.
   LOADING SPACE, OFF STREET: Space logically and conveniently located for bulk pick-ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off street parking spaces are filled. Required off street loading space is not to be included as off street parking space in the computation of required off street parking space.
   LOT: A parcel of land, intended as a unit for the transfer of ownership or for development, of at least sufficient size to meet minimum zoning ordinance requirements for use, coverage and area, and to provide such yards and other open spaces as are required. Such lot shall have frontage on a public street and may consist of:
      1.   A single lot of record;
      2.   A portion of a lot of record;
      3.   A combination of complete lots of record, or of complete lots of record and portions of lots of record; or
      4.   A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any lot or parcel be created which does not meet the requirements of this title or the adopted subdivision regulations.
For the purpose of this title, the term does not include any portion of a dedicated right-of-way.
 
 
   LOT AREA: The total horizontal area included within lot lines.
   LOT, CORNER: A lot located at the intersection of, and abutting on, two (2) or more streets.
   LOT COVERAGE: The amount (percent) of impervious coverage, including the surface parking, drives, and the building footprint, but excluding customary patios and pools.
   LOT DEPTH: The average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.
   LOT, DOUBLE FRONTAGE: A lot which runs through a block from street to street and has nonintersecting frontage on two (2) or more streets.
   LOT, FLAG: A lot having only its driveway fronting on a public street, with the result that only the width of the driveway is the frontage of the lot.
   LOT FRONTAGE: See definition of frontage.
   LOT, INTERIOR: A lot other than a corner lot.
   LOT LINE ADJUSTMENT: A relocation of the lot lines of two (2) or more lots included in a plat which is filed of record, for the purpose of making necessary adjustments to building sites.
   LOT LINES (PROPERTY LINE): The lines bounding a "lot", as defined herein. Or the property boundary, abutting a right-of-way line, or any line defining the exact location of a lot.
   LOT, MOBILE HOME: A parcel or tract of land for the placement of a single mobile home and for the inclusive use of its occupants.
   LOT OF RECORD: A separate and distinct parcel of land, designated on a legally recorded subdivision plat, a lot split plat or a legally recorded deed filed in the records of the Stephens County Courthouse, and a copy provided to the Marlow, Oklahoma, City Clerk.
   LOT, REVERSE FRONTAGE: A double frontage lot which is designed to be developed with the rear yard abutting a major street and with the primary means of access provided on a minor street.
   LOT SPLIT: Any division of land into two (2) or more parcels for the purpose, whether immediate or future, of transfer of ownership, and which constitutes a "subdivision", as defined in this section.
   LOT, TOWNHOUSE: A lot shown on a townhouse plat and intended as the site of a single, attached dwelling unit.
   LOT WIDTH: The distance between the side lot lines, measured at the building line, parallel to the street right-of-way line.
   MAJOR ENTERTAINMENT FACILITY, INDOOR: A use designed to accommodate activities that generally draw five hundred (500) persons or more to specific indoor events or shows. Activities are generally of a spectator nature. Examples include auditoriums, performing arts centers, arenas, and coliseums. Accessory uses may include restaurants, bars, concessions, parking, and maintenance facilities.
   MAJOR ENTERTAINMENT FACILITY, OUTDOOR: A large open or partially enclosed space used for games or major events, and partly or completely surrounded by tiers of seats for spectators.
   MANUFACTURED HOME: A structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC section 5401, et seq. Manufactured housing is further defined and classified in title 9, chapter 5 of this Code.
   MANUFACTURED HOME COMMUNITY: A contiguous parcel of land, which has been developed for the installation of manufactured homes. Manufactured homeowners lease a site for the installation of their home, or lease both the home and site. Manufactured home sales or storage lots for unoccupied units are not manufactured home communities.
   MANUFACTURING AND PRODUCTION: An establishment engaged in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, constructed, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Custom industry is included (i.e., establishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment). Goods are generally not displayed or sold on site, but if so, such activity is a subordinate part of sales. Accessory activities may include retail sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker's quarters.
   MANUFACTURING, HEAVY: Uses that do not meet the light manufacturing criteria set forth herein. These uses have the potential to produce noise, vibrations, smoke, dust, and odor that have the potential to cause adverse impacts. Examples include, but are not limited to: refining or initial processing of raw materials; rolling, drawing, or extruding of metals; asphalt batching plants; sawmills; meat slaughtering or packing house; and manufacture or packaging of cement products, concrete batch plants, feed, fertilizer, flour, glue, paint, petroleum products, soap, turpentine, varnish, charcoal, or distilled products.
   MANUFACTURING, LIGHT: An establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing. The manufacture, assembly, research, or processing of products and goods occurs entirely within an enclosed structure requiring no outdoor industrial wastewater treatment system, and producing no airborne emissions, objectionable noise, glare, odor, vibrations, smoke or dust associated with the industrial operation. Outdoor storage of raw materials and products is permitted with proper screening. Examples include, but are not limited to: airplane, automobile, or truck assembly, remodeling, or repair; bottling works; boat building, computer chip manufacturing; machine or blacksmith shops; metalworking or welding shops; paint shops; and printing and publishing shops.
   MEDICAL OFFICE OR CLINIC: An establishment primarily engaged in furnishing, on an outpatient basis, chiropractic, dental, medical, surgical, medical imaging, or other services to individuals, including the offices of chiropractors, physicians, dentists, and other health practitioners, medical and dental laboratories, outpatient care and outpatient care facilities. Patients are not kept overnight except under emergency conditions.
   MICRO FOOD AND BEVERAGE PRODUCTION: An establishment that produces, bottles, and/or distributes small quantities of food or beverages that are not part of a restaurant type use. Typical examples include, but are not limited to microbreweries, nanobreweries, brewpubs, wine blending, and limited food production.
   MIDDLE SCHOOL OR HIGH SCHOOL: An educational institution that satisfies the compulsory education laws of the State of Oklahoma for students in secondary education. This definition includes both public schools and private non-boarding schools that have a curriculum similar to that in the permitted public schools.
   MINI-STORAGE: A building or group of buildings in a controlled access compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customers' goods or wares.
   MINING AND PROCESSING: Involves extractive operations, certain mineral processing operations, and manufacturing operations, which directly utilize minerals, at or near the source.
   MINING AND PROCESSING, MINERALS AND RAW MATERIALS: Places primarily devoted to surface or subsurface mining, excavation, or extraction of metallic and nonmetallic materials with essential on-site processing of such products. Typical uses are a borrow pit, sandpit, quarry, or mine.
   MINING AND PROCESSING, OIL AND GAS: Places primarily devoted to subsurface mining of oil and gas. Typical uses are oil and gas drilling operations.
   MOBILE HOME: A structure manufactured prior to June 15, 1976, or manufactured after June 15, 1976, without certification of compliance with HUD standards which is a movable or portable dwelling unit over thirty feet (30') in length constructed to be towed on its own chassis, with or without permanent foundation, consisting of a single or two (2) or more connected components. The term does not include prefabricated, modular or unitized dwelling on a permanent foundation, or travel trailer, camper, or similar recreational unit.
   MOBILE HOME PARK: A site with required improvements and utilities for the long-term parking of two (2) or more mobile homes occupied for dwelling or sleeping purposes. The site may include services and facilities for the residents.
   MODULAR HOME: A factory fabricated transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with regulations of the City of Marlow Building Code.
   MOTOR FREIGHT TERMINAL: A facility for freight pickup, distribution, and storage. This may include intermodal distribution facilities for truck or shipping transport.
   MOVIE THEATRE: An indoor theater for the showing of motion pictures.
   MUNICIPAL OR COMMUNITY RECREATION CENTER: A facility providing recreation/pool facilities and/or meeting rooms, and typically oriented to the recreational needs of the residents of the surrounding area.
   NATURAL GROUND SURFACE: The ground surface in its original state before any grading, excavation or filling.
   NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this title.
   NONCONFORMING BUILDING, LOT, OR STRUCTURE: Any building, lot or structure, lawfully occupied or used at the time this title becomes effective, which does not conform in part or wholly to any or all of the use, area, height, coverage, off-street parking or any other regulations of the district in which it is located.
   NONCONFORMING USE OF LAND: Any lawful use of land, existing at the time this title becomes effective, which does not conform to the regulations of the district in which it is located.
   NONRESIDENTIAL MOBILE TRAILER: Any vehicle having the basic characteristics of either a mobile home or travel trailer, but which is used for purposes other than residential and is not being offered for sale (as indicated by a clearly displayed sign on or near the trailer).
   NUISANCE: Whatever is injurious to the senses or an obstruction to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property by the public or community shall be deemed a "public nuisance".
   OFF-STREET LOADING SPACE: A space on a lot directly accessible to the building it serves for bulk pickups and deliveries by delivery vehicles.
   OFFICE: Office uses are characterized by activities generally focusing on business or professional services. Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building.
   OFFICE, BUSINESS OR PROFESSIONAL: An establishment that provides executive, management, administrative, or professional services, but not involving the sale of merchandise except as incidental to a permitted use. Typical examples include, but are not limited to, real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting, call centers, and similar offices.
   OFFICE WAREHOUSE: A structure containing both offices and a warehouse for storing products associated with the business. The office component of this use shall be at least fifty percent (50%) of the overall floor area of the structure.
   OFFICIAL ZONING DISTRICT MAP: The official map on which the current zoning status of all land within the corporate limits of the City of Marlow, Oklahoma, is depicted, and which, along with the zoning text, comprises the zoning ordinance of the City of Marlow, Oklahoma.
   OPEN SPACE: Land which is free of structures or impervious surfaces which are not directly related to the use of the open space.
   OUTSIDE STORAGE: The placement or containment of goods, materials, or equipment other than within a building, for purposes of keeping such goods, materials, or equipment for processing, use, sale, or transfer to other locations.
   OVERLAY DISTRICT: A defined geographic area that encompasses one or more underlying zoning districts and that imposes additional requirements above those required by the underlying zoning district. An overlay district can be coterminous with existing zoning districts or containing only parts of one or more such districts.
   PACKAGE SHOP: An establishment that sells alcoholic beverages only in sealed containers whose contents may not lawfully be consumed on the premises.
   PARCEL: A lot or contiguous group of lots, in single ownership or under single control, and usually considered as a unit for purposes of development.
   PARKING AREA: All property used for off-street parking vehicular aisles and access ways, loading zones, interior and perimeter landscaping, and other outdoor vehicular use areas.
   PARKING LOT: An area or plot of land used for the storage or parking of motor vehicles.
   PARKING LOT ISLAND: A strip of property, which separates groups of parking spaces from other groups of parking spaces or internal driveways.
   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.
   PARKING STRUCTURE: A structure designed with one or more levels partially or fully enclosed, used for the parking of motor vehicles. The facility may be above, below, or partially below ground. This use does not include private carports or garages.
   PARKS AND OPEN SPACE: Park and open space uses focus on natural areas, consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Accessory uses may include but are not limited to clubhouses, playgrounds, maintenance facilities, concessions, caretaker's quarters, and parking.
   PERCOLATION TEST: An indicator of the suitability of an area for subsoil effluent disposal, obtained by testing for the rate at which the undisturbed soil will absorb water per unit of surface area.
   PERMIT: The authorization necessary to conduct a land disturbing activity under the provisions of this title.
   PERMITTED USE: A use allowed by right within the applicable zoning district, subject to all applicable requirements of this title.
   PERSON: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State, any interstate body or any other legal entity. Whenever used with respect to any penalty, the word "person", as applied to partnerships or associations, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
   PERSONAL CARE HOME: A building or group of buildings, a facility, or place in which is provided beds and other facilities and services including room, meals and personal care for non-family ambulatory adults. This term does not include buildings which are devoted to independent living units which include kitchen facilities in which residents have the option of preparing and servicing some or all of their own meals or boarding facilities which do not provide personal care.
   PERSONAL SERVICES: Establishments that provide individual services related to personal needs directly to customers at the site of the business, or that receives goods from or returns goods to the customer, which have been treated or processed at that location or another location.
   PLACE OF ASSEMBLY: A building or structure, or group of buildings or structures, intended primarily for the conducting of organized assembly. May include, but are not limited to religious facilities, assembly halls, and fraternal/social clubs. Accessory uses may include meeting rooms and childcare provided for persons while they are attending assembly functions.
   PLANNED UNIT DEVELOPMENT (PUD): Development intended to encourage both residential and non-residential land uses according to a master development plan, with related covenants and restrictions. Developments within a PUD project may have flexibility in the application of development standards when approved according to a master development plan, and to promote the conservation of natural resources, more efficient use of land, and, efficiency in the extension of streets and utilities.
   PLANNING COMMISSION: A five (5) member body appointed by the Mayor and Council to evaluate proposed land use changes and administer land development controls in the City.
   PLAT: A map, prepared to scale, of a particular piece of real estate signed and stamped by a registered land surveyor certified by the State.
   PRINCIPAL USE: The principal purpose for which a lot or the main building thereon is designed, arranged, or intended, and for which it is or may be used, occupied, or maintained.
   PRIVACY FENCE: Wood, metal, or masonry structure not less than six feet (6') and not greater than eight feet (8') in height from average adjacent grade.
   PRIVATE OR RESTRICTIVE COVENANTS: A private legal restriction on the use of land, contained in the deed to the property, or otherwise formally recorded.
   PRIVATE WATER AND SEWAGE SYSTEM: A system owned and operated by a community corporation or an individual serving two (2) or more premises and approved by the Oklahoma Department of Environmental Quality.
   PROPERTY LINE: The boundary of any lot, parcel, or tract.
   PUBLIC HEARING: An open public meeting for which interested parties may discuss a specific issue in an orderly manner before a public body.
   PUBLIC NOTICE: A means of informing the general public of a particular event in a fair and timely manner.
   PUBLIC SAFETY FACILITY: The conduct of publicly owned safety and emergency services, such as, but not limited to, fire stations, police stations, and emergency medical and ambulance service.
   PUBLIC WATER OR SEWER SYSTEM: A water or sewer system built and owned by, or dedicated to and accepted by, the City of Marlow, Oklahoma. All other such systems shall be deemed private systems.
   RACE TRACK (Auto, Dog, Or Horse): A measured course where animals or machines are entered in competition against one another or against time, including tracks used only in the training of animals.
   RECOMBINATION OF LOTS: Rearrangement of lot boundaries from those already established.
   RECREATION AND ENTERTAINMENT, INDOOR: Indoor recreation and entertainment uses provide recreation or entertainment activities within an enclosed environment. Accessory uses may include concessions, snack bars, parking, and maintenance facilities.
   RECREATION AND ENTERTAINMENT, OUTDOOR: Outdoor recreation and entertainment uses provide recreation or entertainment activities outside of an enclosed environment. Accessory uses may include, but are not limited to, concessions, snack bars, parking, and maintenance facilities.
   RECREATIONAL VEHICLE: A vehicular-type portable structure built on a single chassis, without permanent foundation, which can be self-propelled and driven, or can be towed or hauled by a light duty truck, and primarily designed as temporary living accommodation for recreation, camping, and travel use. Examples of recreational vehicles include travel trailers, truck campers, camping trailers, and self-propelled motor homes.
   RECREATIONAL VEHICLE PARK (RV PARK): See definition of campground or tourist trailer camp.
   RECYCLING CENTER (Outdoor/Indoor): A facility in which recoverable resources such as newspapers, glassware, plastics, and metal cans are recycled, reprocessed, and treated to return such products to a condition in which they can again be used for production. This facility is not a junkyard or salvage yard.
   RESEARCH LABORATORY: A facility for conducting medical or scientific research, investigation, testing, or experimentation; however, this does not include facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. This definition includes electronic and telecommunications laboratories, including assembly.
   RESIDENTIAL: Pertaining to the use of land, means premises such as homes, townhomes, patio homes, mobile homes, duplexes, condominiums or apartment complexes, which contain habitable rooms for non-transient occupancy and which are designed primarily for living, sleeping, cooking, and eating therein.
   RESTAURANT: An establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public facility or nonprofit community swimming pool, playground, park, or marina operated solely for the convenience of patrons of the facility shall not be deemed a restaurant.
   RETAIL (SALES): Establishments engaged in the sale, lease, or rent of new or used products to the public. No outdoor display of merchandise is permitted unless specifically authorized by this title. Accessory uses may include offices, parking, storage of goods, and assembly, repackaging, or repair of goods for on- site sale.
   RETAIL, GENERAL: Retail establishments not elsewhere classified that provide goods directly to the consumer, including, but not limited to: apparel shops, appliance sales, auto parts store, bait shop, bakeries, bookstores, camera shops, clothing stores, convenience stores without gas pumps, department stores, electronic stores, factory outlet stores, florists, grocery stores, furniture stores, hardware and building material sales, pet shops, pawn shops, pharmacies, shoe stores, and toy stores.
   RETAIL, LARGE: A building that meets the definition of "general retail" and is seventy five thousand (75,000) square feet or greater.
   REZONING: An amendment to, or a change in, this title. Rezonings may take any of three (3) forms:
      1.   A comprehensive revision or modification of this title text and map;
      2.   A text change in zoning district requirements;
      3.   A change in the zoning district designation of a particular parcel or parcels, as shown on the official zoning district map, either by petition of a private individual or by administrative action of the Municipal Planning Commission.
   RIGHT-OF-WAY: A strip of land, occupied or intended to be occupied, by a street, crosswalk, railroad, roadway, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or another special use.
   ROADWAY: That portion of any street designated for vehicular traffic; where curbs are in place, that portion of the street between the curbs.
   SCHOOL: A facility that provides a curriculum of academic instruction, such as kindergartens, elementary schools, middle schools, junior high schools, and high schools.
   SCRAP OPERATIONS: Places of business primarily engaged in the storage, sale, dismantling or processing of used or waste materials that are not intended for reuse in their original form. Typical uses include but are not limited to junk yards or salvage yards.
   SCREENING: The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features.
   SECONDARY LIVING QUARTERS: One additional dwelling unit detached from the principal dwelling under the same ownership, providing independent living quarters including sleeping, eating, cooking and sanitation facilities. The owner of the property shall be required to live in the principal dwelling upon the same lot the secondary quarters is constructed. Minimum heated and cooled square footage shall be seven hundred twenty (720) and maximum square footage shall be no more than fifty percent (50%) of the heated and/or cooled square footage of the principal dwelling. The principal dwelling and the secondary living quarters shall remain under the same ownership. No more than one such accessory living quarters shall be permitted on a lot with the principal dwelling and shall be located within the rear yard area. The lot on which such use is to be established shall be fifty percent (50%) greater in area than the minimum standard lot size for the respective district.
   SEPTIC TANK: A watertight receptacle that receives a discharge of sewage from a building, sewer, or part thereof and is designed and constructed to permit settling of solids from this liquid, digestion of the organic matter, and discharge of the liquid portion into a disposal area.
   SERVICE STATION: A building or lot where gasoline, oil, and greases are supplied and dispensed to the motor vehicle trade, and/or where battery, tire and other similar sales and services are rendered.
   SETBACK: The minimum horizontal distance between the front, rear, or side lot lines and the existing or proposed edges of the structure. The term "required setback" means a line beyond which a building is not permitted to extend under provisions set forth in this title establishing minimum depth and widths of yards. Eaves not exceeding twenty four inches (24") are exempt from setback requirements. Eaves in excess of twenty four inches (24") are not exempt from setback requirements to the extent they exceed twenty four inches (24").
   SETBACK, FRONT YARD: The minimum horizontal distance between the street right-of-way line (front lot line) and the main building or structure, (including a garage or any projection thereof, other than steps) required to create a yard extending across the front of a lot between the side lot lines.
   SETBACK, REAR YARD: The minimum horizontal distance between the rear lot line (alley easement line, if one exists) and the rear of the main building (or any projections other than eaves, steps, unenclosed balconies or unenclosed porches) required to create a yard extending across the rear of the lot and measured between side lot lines. 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.
   SETBACK, SIDE YARD: The minimum horizontal distance between a side lot line and the side of the main building (or any projections thereof, other than steps and 2 foot eaves) required to create a side yard extending from the front lot line to the rear lot line.
   SEWER, PUBLIC: A system that is owned, maintained and operated by the City of Marlow, and approved by the State Department of Environmental Quality.
   SEXUALLY ORIENTED BUSINESS: The following:
      Adult Amusement Or Entertainment: Amusement or entertainment businesses which are distinguished or characterized by an emphasis on acts or on materials depicting, describing or relating to sexual conduct or specified areas as defined in this title, including, but not limited to, topless or bottomless dancers, strippers, male or female impersonators, or similar entertainment.
      Adult Bookstore: An establishment having as a significant portion of its stock in trade, books, film, tape, photographs, magazines, or other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
      Adult Motel: A motel wherein material is presented, as a part of the motel services, via closed circuit TV or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
      Adult Motion Picture Arcade: Any arcade or similar facility to which the public is permitted or invited to make use of coin-operated or slug-operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices which are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis or depicting or describing sexual conduct or specified anatomical areas.
      Adult Motion Picture Theatre: An enclosed building used for presenting material in a theater, or theater formats, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
      Massage Parlor: Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment of manipulation of the human body occurs as part of or in connection with sexual conduct; also, any place where any person providing any such treatment, manipulation or service related thereto, exposes specified anatomical areas.
      Model Studio: Any place, other than a university or college art class, where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.
      Sexual Conduct: As used in this definition shall mean:
      1.   The stimulation, fondling or other touching of human genitals, pubic region, buttocks, anus, vulva, or female breasts;
      2.   Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or anal copulation;
      3.   Sadomasochistic practices; and
      4.   Excretory functions as part of or in connection with any of the activities set forth in items 1 through 3 of this definition.
      Sexual Encounter Center: Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devices, or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include but not to be limited to bath houses, massage parlors, and related or similar activities.
      Specified Anatomical Areas: As used in this definition shall mean:
      1.   Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola;
      2.   Human male genitals in a discernible turgid state, even if completely and opaquely covered.
The definition of sexually oriented businesses is not intended to include as a permitted use, or authorize property to be used, for conduct which constitutes an offense under the laws of the City of Marlow, or applicable State or Federal laws.
No part of this definition will be deemed to disenfranchise any member of the healing arts licensed by the State of Oklahoma to perform manipulation of body parts as part of their profession or counseling of said persons by licensed practitioners.
   SHOOTING RANGE: An outdoor facility wherein firearms are shot at targets under strict rules of conduct and safety.
   SHOPPING CENTER: Two (2) or more commercial establishments planned and managed as a single unit with common off-street parking and loading facilities provided on the property.
   SIGN: Any device or display consisting of letters, numbers, symbols, pictures, illustrations, announcements, cutouts, insignia, trademarks or demonstrations, including all trim and borders, which is used or intended to be used to attract attention or convey information when the same is placed in view of the general public.
      Animated Sign: Any sign that uses movement or change of lighting, either natural or artificial, to depict action or create a special effect or scene.
      Banner Sign: Any sign having characters, letters, or illustrations applied to cloth, paper, or fabric of any kind, with only such material as backing, which is mounted to a pole or building by one or more edges. National, state, or municipal flags or the official flag of a business or institution shall not be considered a banner.
      Billboard: A freestanding sign greater than one hundred twenty five (125) square feet per sign face. Such signs are permitted in certain districts of the City regardless of content of the sign, subject to regulations contained within this title.
      Bracket Sign: Any sign, single- or double-faced, mounted on brackets, poles or beams, projecting at an angle from the front or side of any building and supported solely by brackets or beams attached to the building.
      Bulletin Board: A sign used to announce meetings or programs to be held on the premises of a church, community recreation center, school, auditorium, library, museum or similar non-commercial places of public assembly.
      Canopy Sign: Any sign, attached to or made part of the front, side, or top of a canopy structure, excluding awnings and marquees, projecting beyond the structure and/or extending along said structure, that is generally designed and constructed to provide protection from the weather.
      Construction Sign: Any sign advertising the construction actually being done on the premises where the sign is located. The sign may also include the contractor's name, the owner's name, the architect's name and the name of the institution providing financial services.
      Directional Sign: Any sign located on the premises to direct the public to any parking areas, facility, or service located on the premises, or to direct traffic on the premises.
      Double-Sided Sign: A structure with two (2) parallel and directly opposite signs with their faces oriented in opposite directions.
      Electric Message Centers: Any sign which changes the message or copy on the sign face mechanically or electronically by movement or rotation of the panels or slats or by changing electronic display on the sign face (see also definition of sign: multiple message sign).
      Entrance Sign: Any sign placed at the intersection of a public street and a public or private entryway into an apartment complex, condominium complex, office complex, industrial complex or other building or buildings with multifamily residential dwelling units or multiple commercial units.
      Externally Illuminated Signs: Any sign illuminated by an external light source directed primarily toward such sign.
      Flag: A usually rectangular piece of fabric of distinctive design that is used as a symbol of a government, as a signaling device, or as a decoration.
      Flashing Sign: An illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.
      Freestanding Or Ground Sign: Any sign supported by uprights or braces which are permanently placed into the ground, and not supported by or suspended from any building. Includes the term "monument sign".
      Garage Sale Sign: Any sign pertaining to the sale of personal property in, at, or upon any residentially zoned property.
      Handbill: A printed sheet to be distributed by hand.
      Height, Sign: The vertical distance measured from the lowest adjacent street grade to the highest point of the sign or sign structure.
      Identification Sign: Any sign which indicates the name, owner or address of a residence, office or business, but bearing no advertising.
      Incidental Sign: A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking", "entrance", "exit", and other similar directives.
      Internally Illuminated Sign: Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes located within the interior parts of the sign.
      Mobile Sign: Any sign that can be moved by ordinary means from one location to another.
      Multiple Message Sign: Any sign which changes the message or copy on the sign face mechanically or electronically by movement or rotation of the panels or slats or by changing electronic display on the sign face.
      Nameplate: Any sign depicting a name that is generally stationary and unlit.
      Nonconforming Sign: A sign existing at the effective date of the adoption of this title which could not be built under the terms of this title.
      Off Premises Sign: Any sign depicting a commercial or non-commercial entity not located on the entity's property.
      On-Site, On-Premises, Or Point Of Business Sign: A sign which directs attention to a business, profession, or industry located upon the premises where the sign is displayed, to types of products sold, manufactured, or assembled, and/or to service or entertainment offered on said premises, but not a sign pertaining to the preceding if such activity is only minor and incidental to the principal use of the premises.
      On-Site Perimeter Light Pole Mounted Sign: Any sign depicting a commercial or non-commercial entity located upon the premises where the sign is displayed, which is attached to a perimeter private light pole.
      Political Signs: Any sign concerning candidacy for public office or urging action on any ballot issue in a forthcoming public election, or pertaining to or advocating political views or policies.
      Portable Sign: Any sign, whether on its own trailer, wheels, chassis, or otherwise movable support, which is manifestly designed to be transported from one place to another.
      Projecting Sign: Any sign which is affixed to any building, wall, or structure and which extends beyond the building, wall, and structure, building line or property line.
      Promotional Business Sign: Any sign, permanent or temporary, that can be used for the promotion of a business.
      Real Estate Sign: Any on-premises structure showing that the premises upon which it is located is either for sale, for lease or for rent, or open for inspection.
      Roof Sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure.
      Sandwich Or Sidewalk Sign: Any sign, double- or single- faced, which is portable and may readily be moved from place to place.
      Sign Maintenance: The replacing, repairing or repainting of part of a sign structure; periodic changing of bulletin board panels; or renewing of copy made unusable by ordinary wear and tear, weather, or accident.
      Signable Area: The total area upon which a message is displayed on any sign. For double-face signs, the side with the largest signable area shall be used in computing signable area. If the two (2) faces of a double-face sign are of unequal area, the signable area shall be the area of the larger face. For wall signs consisting entirely of products shaped in the form of letters or other figures attached directly to a wall or roof, the signable area shall consist of the net geometric area measured by the smallest possible single square or rectangle enclosing the display surface of the sign including the outer extremities of all letters, characters and delineations.
      Snipe Sign: Any sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences or other objects where the advertising material thereon is not applicable to the present use of the premises upon which the sign is located.
      Standard Public Sign: Any sign erected by the Federal Highway Department, State Highway Department, Turnpike Authority, County, or the City of Marlow.
      Temporary Sign: Any sign or device which is not permanently attached to the ground or other permanent structure, which is designed to be mobile or is designed to remain in place for a limited time. This includes, but is not limited to, signs which are designed to be transported regularly from one location to another, signs which are designed with wheels, regardless of whether the wheels remain attached to the sign, or signs tethered to an existing structure.
      Wall Sign: A single faced sign which is in any manner attached or fixed flat to an exterior wall of a building or structure; any sign that shall be affixed parallel to the wall or painted on the wall of any building in such a manner as to read parallel to the wall on which it is mounted, in such a way that the wall becomes the supporting structure for, or forms the background surface of the sign; provided, however, said wall sign shall not project more than twelve inches (12") from the face of the building and shall not project above the top of the wall or beyond the end of the building. Individual letters in addition to the box type (e.g., letters and symbols on an attached backing) sign may also be installed as a wall sign.
      Window Sign: Any sign displayed to an outside observer on or through a window or covering a window, which may include a door.
   SITE PLAN: A sketch, prepared to scale, accurately and with complete dimensioning to include: the boundaries of a site and the location of all buildings, structures, uses, significant trees, and proposed site development construction for a specific parcel of land.
   SITE VARIANCE: A variance granted to vary from regulations and restrictions for allowed uses in zoning districts, such as setbacks, minimum lot sizes, etc.
   SLAUGHTERHOUSE: A building where livestock is slaughtered and prepared for distribution to butcher shops or retail sales establishments such as grocery stores. A slaughterhouse is designed to accommodate the confinement and slaughtering of live animals and may include packing, treating, storage, or sale of the product on the premises.
   SOLAR RIGHT: A right to an unobstructed line of sight path from a solar collector to the sun, which permits radiation from the sun to impinge directly on the solar collector.
   SOLID WASTE DISPOSAL: A method or system of solid waste disposal in which the waste is disposed or buried in layers, compacted by earth or disposed by incineration.
   SPECIFIC USE PERMIT: A permit approved and issued for use or development, which must be acquired before a specific use can be constructed or started.
   SPOT ZONING: Zoning a relatively small area differently from the zoning of the surrounding area. "Spot zoning" can be appropriate or inappropriate, based upon whether or not the nature of the change is appropriate, or arbitrary and inappropriate.
   START OF CONSTRUCTION: The first placement of permanent construction on a site, such as the pouring of footings or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of excavation; or for a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation, or the affixing of any prefabricated structure or modular or mobile home on its permanent site. Permanent construction does not include land preparation, land clearing, grading or filling, excavation for basement, footings, piers or foundations, erection of temporary forms, the installation of piling under proposed subsurface footing, installation of sewer, gas or water pipes or electric or other service lines from the street, or existence on the property of accessory buildings (such as garages or sheds not occupied as dwelling units or not a part of the main structure).
   STORAGE YARD: Any lot or portion of a lot that is used for the sole purposes of the outdoor storage of fully operable motor vehicles, construction equipment, construction materials, or other tangible materials and equipment.
   STORMWATER MANAGEMENT: The collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended to prevent increased flood damage, stream bank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare.
   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 intersection of roof decking and wall face not more than three feet (3') above the top floor level and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.
   STREET: A right-of-way which provides vehicular access to abutting property, including but not limited to, any highway, alley, street, avenue, public place, underpass, or overpass in the City dedicated or devoted to public use.
   STREET CLASSIFICATION: For the purpose of providing for the development of all trafficways and right-of-way in the City of Marlow, Oklahoma, and for their future improvement, reconstruction, realignment and necessary widening, each existing trafficway and right-of-way has been designated within the Marlow Comprehensive Plan, and classified therein.
   STREET, HALF: Any street platted twenty five feet (25') or more in width, where, at the time of the approval of the plat, it is the intent of the City Council that said street dedication shall constitute only a part of the total street right-of-way width.
   STREET, MAJOR: A street or road which provides for through traffic movements of light and heavy vehicles between or around areas and across the City. Access to abutting property may be provided and street or road design speeds shall exceed thirty (30) mph.
   STREET, MINOR: Those streets which are used primarily for access to the abutting property.
   STREET, OPENED: A street shall be deemed to be opened if it is either of the following:
      1.   Available for public uses and maintained by the City; or
      2.   Was constructed to City standards and specifications.
   STREET, PRIVATE: A twenty foot (20') (minimum) access easement designed and built to City of Marlow standards and specifications dedicated perpetually for use by residences/lots. The City shall be responsible for neither maintenance nor City services within the easement, and such shall be stated on the plat of record.
   STREET, PUBLIC: Right-of-way dedicated to the City of Marlow held or owned by the City for public street purposes.
   STREET, STUB: A dead-end street at adjoining property lines intended for future extension to serve the development of adjoining areas.
   STREET, UNOPENED: A street or any part thereof shall be deemed to be unopened if it is not cleared, graded and available for public use.
   STRUCTURE: A walled and roofed building used for residential, business, agricultural, religious, or other purposes, which is occupied by a private or nonprofit organization, or which is owned by State or local government or an agency thereof. The term may include a gas or liquid storage tank that is principally aboveground, as well as a manufactured home. The term also includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
   SUBDIVISION: The division or re-division of land (vacant or improved) or airspace, into two (2) or more lots, tracts, parcels, sites, areas, units or plots, any one of which, when divided, has an area of less than ten (10) acres, for the purpose of transfer of ownership or for development, or the dedication, vacation or realignment of any public or private right-of-way or easement.
   SUBDIVISION, MAJOR: Any subdivision comprising four (4) lots or more, or any subdivision involving a new street or change in an existing street.
   SUBDIVISION, MINOR: Any subdivision comprising three (3) lots or less, and not involving a new street or change in an existing street.
   SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
   SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a 5-year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure prior to the "start of construction" of the improvement. Note: The market value of the structure should be: 1) the appraised value of the structure prior to the start of the initial repair or improvement, or 2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures, which have incurred "substantial damage", regardless of the actual amount of repair work performed.
For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include: 1) those improvements of a structure required to comply with existing violations of State or local Health, Sanitary, or Safety Code specifications which are solely necessary to assure safe living conditions and which have been identified by the City Administrator, and not solely triggered by an improvement or repair project, or 2) any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure".
   TELECOMMUNICATION FACILITY: Telecommunications facilities transmit analog or digital voice or communications information between or among points using electromagnetic signals via antennas, microwave dishes, and similar structures. Supporting equipment includes buildings, shelters, cabinets, towers, electrical equipment, parking areas, and other accessory development.
   TEMPORARY USE: Also akin to conditional use. Any use of zoning or property on a short term basis.
   TOURIST TRAILER CAMP/RV PARK: Any tract of land upon which two (2) or more tourist or travel trailers, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.
   TOWNHOUSE: One of a series of two (2) or more attached dwelling units, separated from one another by continuous, vertical walls without openings, from basement floor to the roof deck, and tight against the same or through the roof, and which are intended to have ownership transferred in conjunction with a platted lot.
   TRADE SCHOOL: A secondary or higher education facility primarily teaching usable skills that prepares students for jobs in a trade or in industry, construction, or commerce, and meeting all applicable State requirements for a facility of its type.
   TRANSITIONAL CARE FACILITY: A building or buildings in which is provided long-term but not permanent living accommodations for one or more persons who are in need of short term or long-term housing assistance, and in which may also be provided meals and social services including physical therapy, social therapy, emotional therapy, counseling, rehabilitation, or substance abuse recovery assistance.
   TRANSMISSION OR TELECOMMUNICATION TOWER (Including Any Facility With Tower): A structure in a fixed location used as an antenna or to support antennas for the primary purpose of transmitting and/or receiving electronic signals. This definition includes nonresidential broadcast, communication, transmission, and similar towers, either freestanding or attached to an adjacent broadcasting or transmitting facility.
   TRANSMITTING STATION (No Tower): Any facility utilized for the transmission of broadcast information but without a transmission tower.
   TRANSPORTATION FACILITY: A use category that includes facilities that receive and discharge passengers and freight. Accessory uses include but are not limited to freight handling areas, concessions, offices, parking, and maintenance and fueling facilities.
   TRAVEL TRAILER: Any vehicle or similar portable structure mounted on wheels, designed and intended primarily for short-term (under 2 weeks) occupancy for dwelling or sleeping or other purposes, and not exceeding twenty five feet (25') in length.
   TREE REMOVAL: Any intention or negligent act which:
      1.   Cuts down or otherwise physically destroys a tree;
      2.   Will cause a tree to decline and die, including but not limited to:
a. Causing damage to the root system by application of toxic substances, operation of machinery, change in natural grade by excavation or filling above the root system or around the trunk;
b. Causing damage from injury or fire resulting in pest infestation;
c. Causing damage from extensive pruning or trimming.
   TURF: A surface layer of earth containing mowed grass with its roots.
   UNDERDEVELOPED PARCEL/VACANT LOT: A parcel or lot on which there is no permanent structure or part thereof designed for human habitation, occupation, or use.
   USE OR OCCUPIED: The purpose or activity for which land or buildings are designed, arranged, intended, or occupied and maintained. Used and occupied include the words "arranged, designed or intended to be used", and the word "occupied" shall be deemed to include the words "arranged, designed or intended to be occupied".
   USE PERMITTED ON REVIEW (CONDITIONAL USE): A use deemed appropriate in a zoning district, but only upon review of the proposed use by the Planning Commission to determine whether or not specified conditions, as detailed in this title, are met.
   USED CAR LOT: Any parcel of land used for storage, display and sales of used automobiles and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the premises.
   UTILITY: This category includes both major utilities, which are infrastructure services providing regional or community-wide service, and minor utilities, which are infrastructure services that need to be located in or near the neighborhood where the service is provided. Services may be publicly or privately provided. Accessory uses may include, but are not limited to control, monitoring, data, or transmission equipment.
      Utility Facility, Major: A service of a regional nature that normally entails the construction of new buildings or structures, and that typically has employees on the site on an ongoing basis. Examples include, but are not limited to, water works, reservoirs, power or heating plants, or steam generating plants.
      Utility Facility, Minor: A service that is necessary to support development within the immediate vicinity and that involves only minor structures. Employees typically are not located at the site on an ongoing basis. Examples include, but are not limited to utility lines, electric transformer stations; gas regulator stations; telephone exchange buildings; and well, water, and sewer pumping stations.
   VACANT BUILDING: See definition of abandoned building.
   VARIANCE: A device obtained from the Board of Adjustment, which grants a property owner relief from certain provisions of this title when, because of the particular physical surroundings, shape or topographic condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from an inconvenience or a desire to make more money.
   VEHICLE SALES AND RENTAL: An establishment engaged in the display, sale, leasing, or rental of new or used motor vehicles. Vehicles include, but are not limited to, automobiles, light trucks, vans, trailers, recreational vehicles, motorcycles, boats, personal watercraft, utility trailers, all-terrain vehicles, and mobile homes.
   VEHICLE SERVICE AND REPAIR, MAJOR: An establishment engaged in the major repair and maintenance of automobiles, motorcycles, trucks, vans, trailers, recreational vehicles, boats, mobile homes, or snowmobiles. Services include engine, transmission, or differential repair or replacement; body, fender, or upholstery work; and painting.
   VEHICLE SERVICE AND REPAIR, MINOR: An establishment engaged in light maintenance activities such as engine tune-ups; oil change or lubrication; carburetor cleaning; muffler replacement; brake repair; tire shops; and detailing and polishing. Vehicle parts are sold and are ordinarily installed on the premises. Major automotive repairs are prohibited except where specifically permitted by terms of a specific use approval.
   VEHICLES AND EQUIPMENT: Vehicles and equipment uses include a broad range of uses for the maintenance, sale, or rental of motor vehicles and related equipment. Accessory uses may include incidental repair and storage, offices, and sales of parts.
   VESTED RIGHT: A right which has become absolute and fixed, and cannot be denied by subsequent changes in conditions or regulations. For example, there is no vested right to have a zoning district classification remain the same forever, but once construction has legally been allowed and initiated on a structure, there is a right to maintain that particular use regardless of the zoning district classification given the property.
   VETERINARY CLINIC/ANIMAL HOSPITAL: An office or a clinic of a veterinarian where small animals or household pets are given medical, surgical, or health maintenance treatment. The boarding of animals is limited to short-term care incidental to the treatment clinic and must be a secondary use of the property.
   VETERINARY CLINIC, LARGE ANIMAL: An office or clinic of a veterinarian where small animals or household pets, as well as large animals, are given medical, surgical or health maintenance treatment. The boarding of large animals is limited to clinics of at least five (5) acres and is limited to short-term care incidental to the treatment clinic and must be a secondary use of the property.
   VIOLATION: The failure of a structure or other development to be fully compliant with the community's zoning regulations. A structure or other development without proper certifications, or other evidence of compliance required by this title, is presumed to be in violation until such time as that documentation is provided.
   VISIBILITY TRIANGLE: The area of land described as either of the following:
      1.   The triangular area of property on each side of a driveway formed by the intersection of the driveway and the public right-of-way line and the third side being a line connecting the ends of the two (2) other sides; or
      2.   The triangular area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the two (2) other sides.
   VISITOR ACCOMMODATION: For-profit facilities where lodging is provided to transient visitors and guests for a defined period.
   WAREHOUSE: A structure used for storing materials, goods, or property.
   WAREHOUSE AND FREIGHT MOVEMENT: Establishments engaged in the storage or delivery of goods. Accessory uses may include offices, truck fleet parking, and maintenance areas.
   WASTE AND SALVAGE: Waste and salvage firms receive solid or liquid wastes from others for disposal on the site or for transfer to another location. The category includes uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material or processing of scrap or waste material. Waste and salvage uses also include uses that receive hazardous wastes from others. Accessory uses may include recycling of materials, offices, and repackaging and shipment of byproducts.
   WHOLESALE ESTABLISHMENT: An establishment primarily engaged in the sale or distribution of goods and materials in large quantity to retailers or other businesses for resale to individual or business customers. Manufacturing, resource extraction, bulk storage of hazardous materials, or scrap or salvage operations are excluded.
   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. 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: That area of a lot lying between the abutting street right-of-way line and the principal building of the lot and extending across the front of a lot from side lot line to side lot line. The front yard of a corner lot shall be that yard abutting the street with the least frontage, unless otherwise determined on a recorded plat or in a recorded deed. The front yard of a lot existing between two (2) streets not intersecting at a corner of the lot, shall be that yard abutting the street on which adjoining properties face, unless otherwise determined on a recorded plat or in a recorded deed.
   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 thereof other than eaves, 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 side line of the lot and extending from the front lot line to the rear lot line, and being the minimum horizontal distance between a side lot line and the side of the main building or any projections, other than steps and two foot (2') eaves.
   ZERO LOT LINE: A development approach in which a building may be sited on one or more lot lines (conceivably, all but 1 of the sides of the building could be on the lot lines), in order to allow more flexibility in site design and to increase the amount of usable open space on the lot.
   ZONING ORDINANCE: The officially adopted zoning ordinance of the City of Marlow, Oklahoma.
   ZOO: An area, building, or structures that contain wild animals on exhibition for viewing by the public. (Ord. 420, 12-18-2017)

 

Notes

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1. See also title 2, chapter 2 of this Code.