For the purpose of this title, certain terms and words are to be used and interpreted as defined in this section. Words used in the present tense shall include the future tense; words in the singular number include the plural number and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory. For purposes of this title, certain terms used herein are defined as follows:
ACCESSORY USE OR STRUCTURE: A use or structure customarily incidental, appropriate, and subordinate to the principal use of a building or to the principal use of land and which is located upon the same lot therewith.
AGRICULTURE: The use of land for agricultural purposes including farming, dairying, pasturage, horticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce. The operation of any such accessory use shall be secondary to that of normal agricultural activities, and the above uses shall not include the commercial feeding of swine or other animals, stockyards or commercial feedlots for cattle.
ALLEY: A minor right of way dedicated to public use not more than thirty feet (30') wide affording a secondary means of access to abutting property and not intended for general traffic circulation.
AUTOMOBILE OR TRAILER SALES AREA: An open area, other than a street, used for the display, sales or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
AUTOMOBILE REPAIR, MAJOR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision services including body, frame, or fender straightening or repair, overall painting or paint shop, or vehicle steam cleaning.
AUTOMOBILE REPAIR, MINOR: Incidental replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half (11/2) tons' capacity.
AUTOMOBILE SERVICE STATION OR FILLING STATION: Any area used for retail sale of gasoline or oil fuels or automobile accessories, and incidental services including facilities for lubricating, and washing and cleaning, but not including painting, major repair, or the sale of butane or propane fuels.
AUTOMOBILE WASH OR AUTOMATIC CAR WASH: A building or structure or chain conveyor, blowers, steam cleaners and other mechanical devices used primarily for the purpose of washing motor vehicles.
BLOCK: In describing the boundaries of a district, reference to the legal description. In all other cases, the word "block" refers to the property abutting on one side of the street between two (2) intersecting streets or between an intersecting street and a railroad right of way or between an intersecting street and a watercourse.
BOARD OF ADJUSTMENT: The board of adjustment of the city.
BOARDING HOUSE AND ROOMING HOUSE: Where meals or lodging are provided for persons other than the family or their relatives and excluding facilities for transient persons such as hotels, motels, inns and other such facilities.
BUILDING: Any structure having a roof supported by columns or walls that is used or intended to be used for the shelter or enclosure of persons, animals, or property.
BUILDING, ACCESSORY: See definition of Accessory Use Or Structure.
BUILDING HEIGHT: The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deck line of a mansard roof or the average height of the highest gable of a pitch or hip roof.
BUILDING LINE: A line established beyond which no part of a building shall project, except as otherwise provided by this title.
BUILDING, PRINCIPAL: A building or buildings in which the principal use of the building site is conducted. In any residential district, any dwelling shall be deemed to be the principal building on the building site.
BULLETIN BOARD: Any sign announcing the activities of an educational, religious, institutional or similar use.
CEMETERY: Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes.
CHILDCARE CENTER: Any place, home or institution which receives three (3) or more children under the age of sixteen (16) years for care apart from their natural parents, legal guardians or custodians, and received for regular periods of time for compensation. This definition shall not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children within their institutional building while their parents or legal guardians are attending services or meetings or classes and other church activities.
CITY COUNCIL: The official governing body of the city.
CLINIC: A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those in need of surgical or medical attention but who are not customarily provided with board and room or kept overnight on the premises.
CLUB: A nonprofit association of persons who are bona fide members, paying regular dues, and organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMPREHENSIVE PLAN: The official plan of the city, as adopted by the city council.
CONVALESCENT HOME: Means also a nursing home, a rest home, a home for the aged, recuperating, chronically ill, or incurable persons, in which two (2) or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury.
CORRECTIONAL FACILITY: A private adult female prison facility.
COVERAGE: The lots are covered by all buildings located thereon, including the area covered by all overhanging roofs.
DWELLING: Any building or portion thereof designed or used as a residence of one or more persons, but not including a tent, cabin, trailer coach, mobile home, boarding or rooming house, hotel or motel.
DWELLING, MODULAR: A living unit manufactured off site and transported on an independent carrier unit, to a permanent site which has been constructed in accordance with applicable engineering bulletins, standards or regulations issued by the U.S. department of housing and urban development, and which to the extent applicable, complies with the building codes of the city of McLoud.
DWELLING, MULTI-FAMILY: A building or portion thereof containing three (3) or more dwelling units and designed for or used by three (3) or more families; also includes the word "apartments".
DWELLING, SINGLE-FAMILY: A building containing one dwelling unit and designed for, or used exclusively by, one family.
DWELLING, TWO-FAMILY: A building containing two (2) dwelling units and designed for, or used exclusively by, two (2) families; also includes the word "duplex".
DWELLING UNIT: A room or group of rooms arranged, intended or designed as a habitable unit, containing kitchen, bath and sleeping facilities for not more than one family living independently of any other family.
ESSENTIAL SERVICES: The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewer, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories thereof, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
FAMILY: One or more persons related by blood or marriage, including adopted children, or a group of not to exceed five (5) persons (excluding servants) not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A "family" shall be deemed to include domestic servants employed by said family.
FLOOD (100-YEAR FREQUENCY): A flood having an average frequency of occurrence once in one hundred (100) years although the flood may occur in any year, based on statistical analyses of stream flow records available for the watershed and analyses of rainfall and runoff characteristics in the general region of the watershed, as determined by the city engineer, or as determined by the U.S. corps of engineers and confirmed by the city engineer or as determined by a registered professional engineer and certified by the city engineer.
FLOOD HAZARD AREA: The land area adjoining a floodway which is not reasonably required to carry and discharge the floodwater of the 100-year frequency flood but which would be inundated by the floodwater of the 100-year frequency flood based on full urbanization of the watershed.
FLOODWAY: The channel of a watercourse or drainageway and those portions of the adjoining lands which are reasonably required to carry and discharge the floodwater of the 100-year frequency flood.
FLOOR AREA: The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of the exterior walls or from the centerlines of walls separating two (2) buildings.
FRONTAGE: The linear measurement of a lot boundary which is abutting a street.
GARAGE APARTMENT: A dwelling for one family erected as a part of a private garage.
GARAGE, PARKING: Any building or portion thereof used for the storage of four (4) or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.
GARAGE, PRIVATE: A detached accessory building or a portion of the principal building used or intended for use by the occupants of the premises for storage of passenger vehicles or trailers.
GARAGE, PUBLIC: The structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repairing or refinishing of any vehicles.
GARAGE, REPAIR: A building in which are provided facilities for the care, servicing, repair, or equipping of automobiles.
HEIGHT: The vertical measurement of any structure on any parcel of land measured from the average elevation of the lot or parcel to the uppermost point of the structure.
HOME OCCUPATION: Any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory building; provided, that no trading and merchandising is carried on and in connection with which there is no display of merchandise or advertising sign other than one nonilluminated nameplate, not more than two (2) square feet in area, attached to the main or accessory building, and no mechanical equipment is used, except such as is customarily used in purely domestic or household purposes. Such occupation shall not increase vehicular traffic on the street on which the dwelling is located by more than four (4) individual visits per day, and shall not increase parking demands on the street on which the dwelling is located. A tea room, restaurant, rest home, clinic, barbershop, beauty parlor, doctor's or dentist's office, childcare center, tourist home or cabinet shop, metal shop, lawn mower repair, or auto repair garage shall not be deemed a home occupation.
HOSPITAL: See definition of Medical Facilities.
HOTEL: A building or group of buildings under one ownership containing six (6) or more sleeping rooms occupied or intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including trailer parks, or camp, hospital, asylum, orphanage, or building where persons are housed under restraint.
INDUSTRY: Storage, repair, manufacture, preparation or treatment of any article, substance, or any commodity for commercial use.
INSTITUTIONAL USES: Those uses organized, established, used or intended to be used for the promotion of a public, religious, educational, charitable, cultural, social, or philanthropic activity and normally operated on a nonprofit basis.
JUNK OR SALVAGE YARD: A place where waste, discarded or salvage materials are bought, sold, exchanged, bailed, packed, disassembled or handled, including all wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvage material incidental to manufacturing operations.
KENNEL: Any structure or premises on which three (3) or more dogs over four (4) months of age are kept.
LIVABILITY SPACE: The open space of a lot which is not allocated to, or used for, off street parking or loading areas or for paved access to the off street parking or loading area.
LOADING SPACE: A space on the same lot as the principal use of at least ten feet (10') in width and thirty feet (30') in length and having a vertical clearance of at least fourteen feet (14'), designated for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
LOT: A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory thereto, together with such open space as required by this title, and having access on a public street.
LOT, CORNER: A lot which has at least two (2) adjacent sides abutting on a street; provided, that the interior angle at the intersection of such two (2) sides is less than one hundred thirty five degrees (135°).
LOT DEPTH: The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE: Any boundary of a lot.
LOT LINE, FRONT: The boundary of a lot which abuts a public street. Where the lot abuts more than one street, the owner may select the front lot line.
LOT LINE, REAR: The boundary of a lot which is most distant from, and most nearly parallel to, the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.
LOT, WEDGE SHAPED: A lot situated so that the front is either wider or narrower than the rear of the lot.
LOTS OF RECORD: A separate and distinct parcel designated on a legally recorded subdivision plat or a legally recorded deed filed in the records of Pottawatomie County, state of Oklahoma.
MEAN LOT ELEVATION: The average elevation of a lot.
MEDICAL FACILITIES:
Dental Or Doctor's Office: The same as "dental or medical clinic", including the various dental and medical specialties.
Dental Or Medical Clinic: A building used for the examination and treatment of the physically ill; provided, that no facilities are provided for patients remaining overnight, except under emergency conditions, except as provided for in this title.
Hospital: An institution providing physical and mental health services primarily for human inpatient medical or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.
Nursing Home, Rest Or Convalescent Home: See definition of Convalescent Home.
Public Health Center: A facility primarily utilized by a health unit for providing public health services, including related facilities.
MOBILE HOME 1 : A transportable structure larger than three hundred twenty (320) square feet, designed to be used as a year round residential dwelling, and built prior to the enactment of the federal mobile home construction and safety act of 1974, which became effective for all mobile home construction on June 15, 1976.
MOBILE HOME LOT: A portion of a mobile home park allocated to the exclusive use of the occupants of a single mobile home.
MOBILE HOME PARK 2 : A parcel of land under single ownership which has been planned and improved for placement of mobile homes to be occupied as residences.
MODULAR HOME: See definition of Dwelling, Modular.
MOTEL: An area containing one or more buildings designed or intended to be used as temporary sleeping facilities of one or more transient persons.
OPEN SPACE: Area included in any side, rear, or front yard or any other unoccupied space on a lot that is open and unobstructed to the sky, except for the ordinary projection of cornices and eaves of porches.
PARCEL: A "lot" as defined in this section.
PARKING SPACE: A permanently surfaced area of not less than two hundred (200) square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of motor vehicles.
PLANNING COMMISSION: The McLoud planning commission, as established by the statutes, and provided for in title 10, chapter 1, article A of this code. The McLoud planning commission shall also be the zoning commission for the city.
ROOMING HOUSE: See definition of Boarding House And Rooming House.
SALE OR AUCTION FACILITY: A building or place for holding public or contract auctions.
SIGN: Any word, lettering, part of letters, figures, numerals, phrases, sentences, emblems, devices, designs, pictures, trade names or trademarks by which anything is made known, such as is used to designate an individual, a firm, an association, a corporation, a profession, a business, a service, a commodity or product, which are visible from any public street or right of way and designed to attract attention. "For sale" and "for rent" shall be deemed signs within the meaning of this definition, but the term "sign" shall not include the flag, pennant, or insignia of any nation, state, city, or other political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event used for a public purpose in the public interest.
SIGN, DISPLAY SURFACE AREA: The net geometric area of the surface of the sign upon, against or through which the message is displayed or illustrated, including the outward extremities of all letters, figures, characters and delineations; provided, that only one face of a double faced sign shall be included in the computation of display surface area.
SIGN, ILLUMINATED: A sign designed to give forth any artificial light, or designed to reflect light from one or more sources, natural or artificial.
SIGN, PROJECTING: A sign erected on the face or outside wall of a building which projects out at any angle therefrom.
SIGN, TEMPORARY: Signs of a temporary nature used to advertise the premises for sale, rent, or lease.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it; or, if there be no floor above it, then the space between the floor and the ceiling next above it.
STREET: A public right of way more than thirty feet (30') in width which provides the primary public means of access to abutting property and used primarily for vehicular circulation.
STREET, ARTERIAL: Any street designated on the comprehensive plan as an arterial, primary arterial, secondary arterial, major street, etc.
STREET, MINOR: Any street not designated on the comprehensive plan as an arterial.
STRUCTURAL ALTERATION: Any change in the structural members of a building, such as walls, columns, beams or girders.
STRUCTURE: Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground (not including sidewalks, driveways and similar improvement areas).
THOROUGHFARE PLAN: The part of the comprehensive plan referring to transportation development goals, principles, and standards; also includes use of the words "major street plan" and "trafficways plan".
TRAILER: A portable or mobile unit, other than a mobile home, used or designed to carry or transport material or animals.
YARD: A required space on a lot unobstructed, except as expressly permitted.
YARD, FRONT: A yard extending across the full width of a lot from side lot line to side lot line, abutting on a street, into which a building may not protrude.
YARD, REAR: A yard extending across the rear of a lot measured from side lot line to side lot line.
YARD, SIDE: A yard extending from front yard to the rear yard abutting the side lot line, into which no building may protrude. (1987 Code § 12-215; amd. Ord. 1997-05, 5-1-1997; Ord. 2000-02, 3-10-2000; 2004 Code; Ord. 2008-02, 3-27-2008)
Notes
| 1 | 1. See also section 10-2A-2 of this code. |
| 2 | 2. See also section 10-2B-1 of this code. |