For the purpose of these regulations, the following terms shall have the meanings respectively provided herein:
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, dairy production, pasturage, horticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided, that 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 affording a secondary means of access to abutting property.
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.
AUTOMOBILE REPAIR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services, including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.
AUTOMOBILE 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 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, refers to the legal description. In all other cases, the word "block" refers to the property abutting on one side of the street between two (2) intersecting streets, or 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, also referred to as the "board".
BOARDING HOUSE AND ROOMING HOUSE: Where meals or lodging are provided for persons other than the family or their relatives, and excluding facilities for transient persons, such as hotels, motels, inns and other such facilities.
BUILDING: Any structure having a roof supported by columns or walls that is used or intended to be used for the shelter or enclosure of persons, animals or property.
BUILDING HEIGHT: The vertical distance of the highest points of the building.
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, other than schools or churches, 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.
CITY COMMISSION: The official governing body of the city.
CITY PLANNING COMMISSION: The Perkins city planning commission, as established by the statutes.
CLINIC: A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons, and those in need of surgical or medical attention but who are not customarily provided with board and room or kept overnight on the premises.
CLUB: A nonprofit association of persons who are bona fide members, paying regular dues, and organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMPREHENSIVE PLAN: The official city plan of the city; also refers to the specific document "Comprehensive Plan Of Perkins, Oklahoma".
CONDOMINIUM: A form of real estate ownership whereby a building or group of buildings in a residential development contain dwelling units that are owned individually, while the exterior structure, common areas and facilities, and underlying land are owned and maintained collectively by all the owners on a proportional, undivided basis.
CONVALESCENT HOME: 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.
COVERAGE: The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.
DWELLING: Any building or portion thereof designed or used as a residence of one or more persons, but not including a tent, cabin, boardinghouse or rooming house, hotel or motel.
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.
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 for or extended for use by the occupants of the premises for storage of passenger vehicles or trailers.
GARAGE, PUBLIC OR FOR REPAIR: The structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repairing or refinishing of any vehicles.
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.
HOTEL: A building or group of buildings containing six (6) or more sleeping rooms occupied or intended or designated to be occupied as the more or less temporary abiding place of persons who are lodged, with or without meals for compensation.
INDUSTRY: The storage, repair, manufacture, preparation or treatment of any article, substance or any commodity for commercial use.
INSTITUTIONAL USES: Those uses organized, established, used or intended to be used for the promotion of a public, religious, educational, charitable, cultural, social or philanthropic activity and normally operated on a nonprofit basis.
JUNK OR SALVAGE YARD: A place where waste, discarded or salvage materials are bought, sold, exchanged, baled, packed, disassembled or handled, including all wrecking yards, house wrecking yards, used lumberyards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where conducted entirely within a completely enclosed building, and not including pawnshops and establishments selling 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 are kept.
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, CORNER: A lot which has at least two (2) adjacent sides abutting on a street.
LOT, DEPTH: The 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 and most nearly parallel to the front lot line.
LOT LINE, SIDE: Any boundary of a lot exclusive of the use by occupants which is not a front lot line or a rear lot line.
LOT OR PARCEL: A piece or parcel of land occupied or intended to be occupied by a principal building, or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this title, and having access on a public street.
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 Payne County, state of Oklahoma.
MEAN LOT ELEVATION: The average elevation of a lot.
MEDICAL FACILITIES:
A. Dental or medical clinic or doctor or dentist offices: A building used for the examination and treatment of the physically ill;
B. Hospital: An institution providing physical and mental health services primarily for human inpatient 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;
C. Nursing homes, rest homes or convalescent homes; and
D. Public health center: A facility primarily utilized by a health unit for providing public health services, including related facilities.
MOBILE HOME: A detached residential dwelling unit designated for transportation, after fabrication, on streets or highways, on its own wheels or on flatbeds or other trailers, and arriving at the site where it is to be occupied as a dwelling, complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, and connection to utilities; also a portable or mobile vehicle used or designated to be used as living purposes, and with or without wheels, rollers or skids in place.
MOBILE HOME LOT: A portion of a mobile home park allocated to the exclusive use of the occupants of a single mobile home.
MOBILE HOME PARK: A parcel of land which has been planned and improved for placement of mobile homes to be occupied as residences.
MOTEL: An area containing one or more buildings designed or intended to be used as temporary sleeping facilities.
OPEN SPACE: An area included in any side, rear or front yard, or any other unoccupied space on a lot that is open and unobstructed to the sky, except for the ordinary projection of cornices and eaves of porches.
SIGN: Any word, lettering, part of letters, figures, numerals, phrases, sentences, emblems, devices, designs, pictures, trade names or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a service, a commodity or product, which is 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 area of the surface of the sign; 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.
SMALL BOX DISCOUNT STORE:
A. A store of fifteen thousand (15,000) square feet or less which sells at retail an assortment of physical goods, products, or merchandise directly to the consumer, including food or beverages for off-premises consumption, household products, personal grooming and health products, and other consumer goods.
B. Small box discount stores do not include retail stores that:
1. Dedicate at least fifteen percent (15%) of shelf space to fresh or fresh frozen food;
2. Dedicate less than two percent (2%) of shelf space to food of any kind;
3. Contains a prescription pharmacy; or
4. Offer for sale gasoline or diesel fuel.
C. Fresh or fresh frozen food means food for human consumption that is unprocessed, or otherwise in its raw state; food that was quickly frozen while still fresh. This includes unprocessed meat and seafood.
STORY: That portion of a building included between the surface of any floor and the surface of 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 which provides the primary public means of access to abutting property and used primarily for vehicular circulation.
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).
TOWNHOUSE: A one-family dwelling unit in a row of at least two (2) such units whereby each unit is located on a separate lot platted for individual ownership, each unit has its own access to the outside, no unit is located over another unit, each unit is separated from any other unit by one or more common fire resistant walls along their mutual property boundary, and where certain common areas and facilities not on the private lots may be owned and maintained collectively by all the owners on a proportional, undivided basis.
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.
ZERO LOT LINE: The location of a building on a lot in such a manner that one of the building's exterior side walls rests directly on a lot line. (2010 Code § 22-16; amd. 2012 Code; Ord. 492, 2-14-2023)