The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. Air rights means the rights to a space above a property for development, usually for a dissimilar use.
B. Air space means the space above the land which might be subject to division and sale either with, or separate from, the surface.
C. Alley means a minor right-of-way, dedicated to public use, from which a secondary means of access to the back or side of properties otherwise abutting a street is obtained and which may be used for public utility purposes.
D. Bikeway means a right-of-way, primarily for the use of bicycles, which may be any of three (3) basic design types:
1. Class I is a completely separated right-of-way designated for the exclusive use of bicycles;
2. Class II is a restricted right-of-way designated for the exclusive or semi- exclusive use of bicycles with through-travel by motor vehicles not allowed; or
3. Class III is a shared right-of-way designated as such by signs placed on posts or on the pavement.
E. Block means 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.
F. Bond means any form of security, including a cash deposit, surety bond, collateral, property, or instrument of credit, in an amount and form satisfactory to the City Council. All bonds shall be approved by the City Council whenever a bond is required by these regulations.
G. Building and structure mean any structure built for the support, shelter, or enclosure of persons, animals, chattel, or movable property of any kind, including any part of a building or structure.
H. Building code means a collection of regulations, adopted by the City Council, setting forth standards for the construction of buildings and other structures for the purpose of protecting the health, safety, and welfare of the public.
I. Building line and setback line mean a line or lines within a lot designating the area outside of which buildings may not be erected.
J. Building permit means a permit required before construction can be initiated. Building permit provisions are contained in the Code of Ordinances for the City.
K. Channel means a natural or artificial watercourse of perceptible extent with definite bed and banks to confine and conduct continuously or periodically flowing water.
L. Cluster development means a development pattern in which the uses are built close together 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.
M. Comprehensive plan and master plan mean the officially adopted plan or plans for the City which provide long-range development policies for the area subject to urbanization in the foreseeable future and which include, among other things, the land use plan, the circulation plan, and the community utilities plan.
N. Construction plans mean maps or drawings accompanying a subdivision plat showing the specific location and design of required subdivision improvements.
O. Dedication means the transfer of property from private to public ownership under adopted subdivision regulations as a condition of subdivision plat approval.
P. Dedication, fee in lieu of, means the payments of cash, authorized and provided for in adopted subdivision regulations, when requirements for mandatory dedication of land cannot be met because of site conditions or other reasons.
Q. Density means the average number of families, persons, or housing units per acre of land.
R. Drainage way means any depression below the surrounding land, serving to give direction to a regular or periodic current of water.
S. Easement means a grant by the property owner to the public, a corporation or persons of the use of a strip of land for specific purposes.
T. Erosion means the general process whereby soils are removed or moved by flowing surface or subsurface water.
U. Extra-territorial jurisdiction means the jurisdiction of the City regional Planning Commission for subdivision review only within an area outside of the corporate limits of the City whose any one (1) boundary at any point shall be within a distance of three (3) miles from the corporate limits of the City.
V. Flood and flooding mean general and temporary conditions of partial or complete inundation of normally dry land areas from the overflow of lakes, streams, rivers or any other inland waters.
W. Flood hazard area means the maximum area of the floodplain that, on the average, is likely to be flooded once every one hundred (100) years; i.e., that has a one percent (1%) change of being flooded in any given year.
X. Flood hazard boundary map (FHBM) means an official map or plat of the community issued or approved by the Federal Insurance Administration or the Federal Emergency Management Agency on which the boundaries of the floodplain area having special hazards have been drawn.
Y. Flood insurance rate map (FIRM) means the official map or plat of the City issued or approved by the Federal Insurance Administration or the Federal Emergency Management Agency on which special flood hazard zones, for insurance purposes, have been drawn.
Z. Floodplain means the land adjacent to a body of water which has been or may be covered by flooding, including, but not limited to, the one hundred (100) year flood.
AA. Floodplain management program means the full range of codes, ordinances, and other regulations, projects, and programs relating to the use of land and construction within the limits of the floodplain. The term "floodplain management program" encompasses the City's zoning regulations, subdivision regulations, and sanitary and building codes.
AB. Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to properties and structures subject to flooding which reduces or eliminates flood damage to lands, water, and sanitary facilities or the contents of buildings in a flood hazard area.
AC. Floodway means the channel of a stream, watercourse, or body of water and those portions of floodplains which are reasonably required to carry and discharge the floodwater or flood flow of any river or stream.
AD. Floodway encroachment lines means the lines marking the limits of floodways on official federal, State, and local floodplain maps.
AE. Floodway fringe zoning district means an overlay zoning district to provide special regulations for reduction of flood losses in those areas of the floodplain outside of the floodway which are subject to periodic flooding and therefore require special consideration before development is permitted to occur. Requirements of this overlay district are in addition to the requirements contained in the basic, underlying zoning district.
AF. Frontage means 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.
AG. Grade means the slope of a road, street, or other public way specified in percentage terms.
AH. Improvements means the street pavements, with curbs and sidewalks, pedestrian ways, water mains, sanitary and storm sewers, permanent street monuments, trees, and other appropriate items for which the City may ultimately assume the responsibility for maintenance and operation or which may affect an improvement for which municipal responsibility is established. All such improvements shall be properly bonded in accordance with the provisions of these regulations.
AI. Intensity means the degree to which land is used. The term "intensity" is often used synonymously with the term "density."
AJ. Lot means 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 regulation 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, 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 these regulations or the City's adopted zoning regulations.
AK. Lot area means the total horizontal area included within lot lines.
AL. Lot, corner, means a lot located at the intersection of and abutting on two (2) or more streets.
AM. Lot depth means 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.
AN. Lot, double frontage, means a lot which runs through a block from street to street and has nonintersecting frontage on two (2) or more streets.
AO. Lot frontage means that dimension of a lot, or portion of a lot, abutting on a street, except the side dimension of a corner lot.
AP. Lot, interior, means a lot other than a corner lot.
AQ. Lot line adjustment means 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.
AR. Lot lines means the lines bounding a "lot," as that term is defined in this section.
AS. Lot, mobile home, means a parcel or tract of land for the placement of a single mobile home and for the exclusive use of its occupants.
AT. Lot of record means a separate and distinct parcel of land designated on a legally recorded subdivision plat or a legally recorded deed filed in the records of the County courthouse.
AU. Lot, reverse frontage, means 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.
AV. Lot split means any division of land by metes and bounds description into two (2) or more parcels for the purpose, whether immediate or future, of transfer of ownership and which constitutes a "subdivision," as that term is defined in this section.
AW. Lot, townhouse, means a lot shown on a townhouse plat and intended as the site of a single, attached dwelling unit.
AX. Metes and bounds mean a system of describing and identifying land by measures (metes) and direction (bounds) from an identifiable point of reference.
AY. Mobile home means any single-family dwelling designed for transportation on streets and highways on its own wheels or on flatbed or other trailers, both highway and rail, 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 permanent foundations, connection to utilities, and similar operations.
AZ. Mobile home park means land or property which is used, or intended to be used, or rented for occupancy by two (2) or more mobile homes, trailers, or movable sleeping quarters of any kind.
BA. Mobile home subdivision. See the definition of "Subdivision."
BB. Monument and marker mean a subdivision improvement designed to provide permanent survey reference points within a subdivision which may be of one (1) of three (3) types:
1. Type "A": A noncorrosive metal plate set in Portland cement or asphaltic concrete;
2. Type "B": Iron bar or pipe set in concrete; or
3. Type "C": Iron bar set in unexcavated soil.
BC. One hundred (100) year flood means a flood which has a one percent (1%) chance of occurring each year, based upon the criteria established by the Oklahoma Water Resources Board.
BD. Parcel means a lot or contiguous group of lots in single ownership or under single control and usually considered as a unit for purposes of development.
BE. Pedestrian way means a right-of-way dedicated to public use which cuts across a block or area to facilitate pedestrian access to adjacent streets and properties.
BF. Planned unit development includes cluster housing, planned residential and nonresidential development, community unit plan, and other zoning requirements which are designed to accomplish the objectives of a comprehensive plan and zoning ordinance through a land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of the project area. This permits the planning of a project and the calculation of densities over the entire development, rather than on an individual lot-by-lot basis.
BG. Planning commission means the Municipal Planning Commission or the Regional Planning Commission of the City.
BH. Plat, final, means a map of a land subdivision and any required accompanying material prepared in a form suitable for filing of record with necessary affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas, and other dimensions of land.
BI. Plat, preliminary, means a map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.
BJ. Plat, sketch, means a sketch of a proposed development submitted to the Planning Commission prior to the preliminary plat to enable the subdivider to illustrate the subdivision's general nature and allow the City and the subdivider to work out basic problems with the proposal.
BK. Private covenants and restrictive covenants mean any specification limiting the transfer, rental, or lease of any dwelling because of race, color, religion, sex, national origin, age, handicap, or familial status.
BL. Re-subdivision means a change in an approved or recorded subdivision plat if such change affects any street layout, lot line, or area reserved thereon for public use, or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
BM. Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.
Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
BN. Roadway means that portion of any street so designated for vehicular traffic; where curbs are in place, that portion of the street between the curbs.
BO. Sedimentation means processes that operate at or near the surface of the ground to deposit soils, debris, and other materials either on other ground surfaces or in water channels.
BP. Solar collector means any device or combination of devices or elements which rely upon sunshine as an energy source and which are capable of collecting not less than twenty-five thousand (25,000) BTUs on a clear winter solstice day. The term "solar connector" also includes any substance or device which collects solar energy for use in:
1. The heating or cooling of a structure or building;
2. The heating or pumping of water;
3. Industrial, commercial, or agricultural processes; or
4. The generation of electricity.
A solar collector may be used for purposes in addition to the collection of solar energy. These uses include, but are not limited to, serving as a structural member, or part, of a roof of a building or structure and serving as a window or wall.
BQ. Solar right means 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.
BR. Start of construction means 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 construction includes:
1. The first permanent framing or assembly of the structure or any part thereof on its pilings or foundation; or
2. The affixing of any prefabricated structure or mobile home to its permanent site. Permanent construction does not include:
a. Land preparation;
b. Land clearing, grading, or filling;
c. Excavation for basement footings, piers, or foundations;
d. Erection of temporary forms;
e. The installation of piling under proposed subsurface footings;
f. Installation of sewer, gas, and water pipes or electric or other service lines from the street; or
g. 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.
BS. Street means any public or private right-of-way which affords the primary means of access to abutting property.
BT. Street classification means that, for the purpose of providing for the development of the streets, highways, roads, and rights-of-way in the City, and for their future improvement, reconstruction, realignment, and necessary widening, including provision for curbs and sidewalks, each existing, street, highway, road, and right- of-way has been designated, arranged, or organized according to category within the comprehensive plan for the City. The classification of each street, highway, road, and right-of-way is based upon its location in the respective zoning districts of the City, its present and estimated future traffic volume, and its relative importance and function as specified in the City's comprehensive plan. The required street and sign improvements shall be measured as set forth for each classification in the City's adopted subdivision regulations or the City's comprehensive plan.
BU. Street, commercial or industrial, means a street which abuts property zoned for commercial or industrial use and which is designed to provide access to those parcels so designated.
BV. Street, half, means any street platted twenty-five (25) feet or more in width, where, at the time of the approval of the plat, it is the intent of the City Council that the street dedication shall constitute only a part of the total street easement width.
BW. Street, major, means an arterial street which is so designated on the major street plan, comprehensive or community plan, and is designed to carry inter-city traffic and to relate the various neighborhoods or residential areas within the City. Major streets shall be classified as follows:
1. Limited access highway. A freeway or expressway providing a traffic way for through traffic in respect to which owners or occupants of abutting property or lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the State highway department of transportation.
2. Primary arterial or thoroughfare. A roadway intended to move through traffic to and from major traffic generators or as a route for traffic between communities or employment centers.
3. Secondary arterial or thoroughfare. A road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic-generating areas or a road which may be designated to carry traffic from collector streets to the system of primary arterials.
BX. Street, minor, means any street other than one (1) designated as a major street in the major street plan or the community or comprehensive plan, but not including alleys. Minor streets shall be classified as follows:
1. Collector street. A street collecting traffic from other minor streets; serves as the most direct route to a major street or community facility and should be designed so that no residential properties front onto it.
2. Court. A secondary designation following a street name used only when street alignment is such that a short street is created that does not warrant a new street name.
3. Cul-de-sac. A street having one (1) end open to vehicular traffic and one (1) closed end, terminated by a turnaround.
4. Dead-end street. A street, similar to a cul-de-sac, but providing no turnaround at its closed end.
5. Frontage or service street. A street auxiliary to and located on the side of a major street for service to abutting properties and adjacent areas and for control of access.
6. Local street. A street primarily providing access to and from abutting property and serving only occasional through traffic.
7. Place. A secondary designation following a street name used only when street alignment is such that a short street is created that does not warrant a new street name.
BY. Street, perimeter means any existing street to which the parcel of land to be subdivided abuts on only one (1) side.
BZ. Subdivider and developer mean any person, firm, partnership, corporation, or other entity acting as a unit subdividing, proposing to subdivide, or re-subdividing land as defined in this section, including all changes in street or lot lines.
CA. Subdivision means 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, anyone 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 easement. Subdivision shall be classified as follows:
1. Major. All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of four (4) or more lots or any size subdivision requiring any new street or extension of municipal facilities or the creation of any public improvements.
2. Minor. Any subdivision containing not more than three (3) lots fronting on an existing street nor involving any new street or road or the extension of municipal utilities or facilities or the creation of any public improvements and not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the comprehensive plan, zoning regulations, or these regulations. A "lot split" or "lot line adjustment" shall be considered a minor subdivision.
3. Mobile home. A unified development of mobile home lots which has been subdivided for the purpose of individual ownership and which is governed by the provisions of these regulations, the City's adopted zoning regulations, and the Code of Ordinances for the City.
4. Nonresidential. A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations.
CB. Subdivision regulations and this chapter mean the officially adopted subdivision regulations for the City, designed to provide standards for the subdivision of land within the jurisdictional area of the Planning Commission of the City.
CC. Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the actual cash value of the structure either before the improvement is started or, if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences.
CD. Temporary improvement means improvements built and maintained by a subdivider during construction of the subdivision prior to the release of the performance bond or its equivalent.
CE. Townhouse means one (1) 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.
CF. Tree crown means the outside diameter of a tree's branches.
CG. Urban service area means an area, identified through official public policy, within which urban development will be encouraged during a specified time period.
CH. 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."
CI. Water surface elevation means the heights, in relation to mean sea level, expected to be reached by floods of various magnitudes and frequencies at pertinent points in the floodplains of riverine areas.
CJ. Way means any street, avenue, highway, boulevard, road, or alley reserved or dedicated for public or private use, chiefly by vehicular or pedestrian traffic.
CK. Zero lot line means a development approach in which a building is sited on one (1) or more lot lines with no yard (conceivably, three (3) of the four (4) 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.
CL. Zoning regulations and Chapter 122 mean the officially adopted zoning regulations for the City.
(Code 1991, § 12-416)
Cross reference- Definitions generally, § 1-2.
State Law reference- Similar provisions, 11 O.S. § 43110, 25 O.S. § 1451, 82 O.S. § 1603.