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 and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The words "shall" and "will" are mandatory. (1991 Code § 16-11-110)
ABUTTING: In the context of a screening or enclosure requirement, "abutting" shall mean contiguous or separated therefrom only by a nonarterial street. In other instances, "abutting" shall mean contiguous.
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. The operation of commercial feed pens, sales yards and auction yards for cattle or hogs shall be deemed an industrial and not an agricultural use.
ALL WEATHER MATERIAL: A material capable, during ordinary use, of withstanding, without substantial deterioration, normal weather conditions.
ALLEY: A permanent public way providing a secondary means of access for service and emergency vehicles, and not intended for general traffic circulation.
APARTMENT HOUSE: A multiple-family dwelling. (See definition of Dwelling, Multiple-Family.)
ARTERIAL: A street designated on the major street plan as a primary arterial or secondary arterial.
AUTOMOBILE: A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including, but not limited to, the following: passenger cars, trucks, buses, motor scooters, and motorcycles.
AUTOMOBILE SERVICE STATION: Any area of land, including structures thereon, that is used for the sale of gasoline or oil fuels, but not butane or propane fuels, or other automobile accessories, and which may or may not include facilities for lubricating, washing, cleaning, or otherwise servicing automobiles, but not including the painting thereof.
AUTOMOBILE WASH OR LAUNDRY: A structure designed primarily for washing automobiles using production line methods with a chain conveyor, blower, steam cleaner, high pressure spray or other mechanical device.
AUTOMOBILE WRECKING OR SALVAGE YARD: An area outside of a building where motor vehicles are disassembled, dismantled, junked or "wrecked", or where motor vehicles not in operable condition or used parts of motor vehicles are stored.
BOARD OF ADJUSTMENT: The board of adjustment of the city of Skiatook, Oklahoma.
BOARDING HOUSE: A dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more but not exceeding twelve (12) persons.
BUILDING: A structure which is permanently affixed to the land, and has one or more floors and a roof, and is bounded by either another building with a common party wall, open air, or the lot lines of a lot.
BUILDING COVERAGE: The percentage of the lot area covered by the building. The building area shall include all overhanging roofs.
BUILDING, MAIN: A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which it is situated.
BUILDING SETBACK: The horizontal distance, from the point of measurement, such as the centerline of an abutting street or the boundary line of an abutting zoning district to the nearest building wall.
BUILDING SITE: A single parcel of land occupied or intended to be occupied by a building or structure.
CARE HOME: Premises used for the housing and caring for the aged or infirm, and includes convalescent homes, homes for the aged, and nursing homes.
CARPORT: A permanent roofed structure permanently open on at least two (2) sides, designed for or occupied by private passenger vehicles.
CHILDCARE CENTER: Any place, home or institution which receives three (3) or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of the state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree of the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services, meetings or classes or engaged in church activities.
CITY COUNCIL: The governing body of the city of Skiatook.
CLINIC, DENTAL OR MEDICAL: A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions, including, but not limited to, dental and doctor's offices.
COPY AREA: The net geometric area enclosed by the smallest rectangles encompassing the outer extremities of all letters, figures, characters, and delineations contained in the sign.
CURB LEVEL: The mean level of the established curb at the frontage of a lot. Where no curb has been established, the city engineer shall establish such curb level or its equivalent for the purposes of this title.
DISPLAY SURFACE: The surface of a sign upon, against, or through which the message is displayed or illustrated.
DISPLAY SURFACE AREA: The net geometric area enclosed by the display surface of the sign, including the outer extremities of all letters, figures, characters and delineations, but not including the structural supports for freestanding signs if said structural supports are not arranged to become a part of the attention attracting aspects of the sign; provided, that as applied to wall or canopy signs having a nonilluminated background, "display surface area" shall mean "copy area".
DISTRICT, ZONING: Any section or sections of the city of Skiatook for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.
DRY CLEANING OR LAUNDRY, SELF-SERVICE: Any attended or unattended place, building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from, or dry cleaning wearing apparel, cloth, fabrics, and textiles of any kind by means of a mechanical appliance which is operated primarily by the customer.
DWELLING: Any building, or portion thereof, which is designed or used as living quarters for one or more families, but not including house trailers, mobile homes or travel trailers.
DWELLING, DUPLEX: A building containing two (2) dwelling units, designed for occupancy by not more than two (2) families.
DWELLING, MOBILE HOME: A detached dwelling unit designed for transportation, after fabrication, on streets or highways on its own wheels or on a flatbed 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 foundation, connection to utilities, and similar installation activities.
DWELLING, MULTIPLE-FAMILY: A dwelling designed for occupancy by three (3) or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort type hotels.
DWELLING, SINGLE-FAMILY: A building, other than a mobile home, containing one dwelling unit designed for occupancy by not more than one family.
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.
FAMILY: One or more persons occupying a single dwelling unit; provided, that unless all members are related by blood, marriage, or other domestic bonds, no such family shall contain over five (5) persons; but further provided, that domestic servants may be housed on the premises without being designated as "family".
FLOOD FREQUENCY: See definition of 100-Year Frequency Flood.
FLOODPLAIN: The land area adjoining a watercourse or drainageway which would be inundated by the floodwater of the 100-year frequency flood, as predicted by the city engineer, or as predicted by the U.S. corps of engineers and confirmed by the city engineer.
FLOODWAY: The channel of a watercourse or drainageway and those portions of the adjoining floodplain which are reasonably required to carry and discharge the floodwater of the 100-year frequency flood as predicted by the city engineer, or as predicted by the U.S. corps of engineers and confirmed by the city engineer.
FLOODWAY FRINGE: Those portions of the floodplain which are not reasonably required to carry and discharge the floodwater of the 100-year frequency flood as predicted by the city engineer, or as predicted by the U.S. corps of engineers and confirmed by the city engineer.
FLOOR AREA: The sum of the gross horizontal areas of the several floors, including basement, of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. Provided, that for the purpose of determining compliance with the permitted floor area, the floor area of enclosed required off street parking areas shall not be included.
FLOOR AREA RATIO: A mathematical expression determined by dividing the floor area of a building by the area of the lot on which it is located, as:
Floor area = Floor area ratio
Lot area
FRONTAGE: The linear measurement of a lot boundary which abuts a public street or the linear measurement of the building setback line when the boundary of the lot abuts a curbed nonarterial street or cul-de-sac.
HEIGHT, BUILDING: The vertical distance measured from the ground floor elevation to the top of the highest top plate.
HEIGHT, SIGN: The vertical distance measured from the curb level to the highest point of the sign.
HOME OCCUPATION: Any occupation or profession carried on by the inhabitants which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided, that no trading in merchandise is carried on and in connection with which there is no advertising or display of merchandise or signs. There shall also be no mechanical equipment use or activity 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: a) each lot and/or homeowner in a planned unit development or other described land area is automatically a member; and b) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and c) the charge if unpaid becomes a lien against the property.
HOTEL: A building or group of buildings under one ownership containing six (6) or more sleeping rooms occupied, intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including an auto or trailer court or camp, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.
KENNEL: Any lot or premises on which three (3) or more dogs, more than six (6) months of age are kept.
LAND AREA: The area of a lot plus one-half (1/2) or thirty feet (30'), whichever is less, of the right of way of any abutting street to which the lot has access.
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 BERTH, OFF STREET: A space 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'), designed and located on a lot for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
LOT: Any plot of land occupied or intended to be occupied by one building or a group of buildings and uses, including such open spaces as required by this title and other laws or ordinances, and having its principal frontage on a street. Also, a lot of record.
LOT AREA: The total horizontal area included within lot lines.
LOT, CORNER: A lot of which at least two (2) adjacent sides abut for their full lengths on a street.
LOT DEPTH: The average distance from the street line of the lot to its rear line, measured in the general direction of the sidelines of the lot.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.
LOT, 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 OF RECORD: A lot which is a part of a subdivision, the plat of which has been recorded in the office of the county clerk of the county in which the lot is located on a parcel of land, the deed of which is recorded in the office of the county clerk of the county in which the parcel is located.
LOT WIDTH: The average horizontal distance between the side lot lines.
MAJOR STREET PLAN: "The City Of Skiatook, Oklahoma, Major Street Plan", as adopted by the mayor and city council of Skiatook, Oklahoma, by ordinance 246-A, on August 13, 1974, or as it may hereafter be amended by ordinance or resolution.
MINISTORAGE: A building containing small partitioned storage spaces, which are separately and individually rented or leased, for the storage of personal goods or merchandise, but excluding commercial warehousing as described in use unit 22.
MOBILE HOME: A portable or mobile living unit used or designed for human occupancy on a permanent basis.
MOBILE HOME PARK: Land or property which is used or intended to be used or rented for occupancy by one or more trailers or movable sleeping quarters of any kind.
n/a: Not applicable.
NEC: Not elsewhere classified.
NAMEPLATE: A sign, attached flush against a building, identifying the name of the building or the name of an occupant thereof.
NONCONFORMANCE: A lawful condition of a structure or land which does not conform to the regulations of the district in which it is situated. This may include, but is not limited to, failure to conform to use, height, area, coverage or off street parking requirements.
NONCONFORMING USE: A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.
100-YEAR FREQUENCY FLOOD: 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 predicted by the city engineer, or as predicted by the U.S. corps of engineers and confirmed by the city engineer.
PARKING SPACE, OFF STREET: A space on a lot intended and reserved for the parking of an automobile. Such space shall be of at least nine feet (9') in width by twenty feet (20') in length, together with a driveway connecting the space with a street or alley and permitting safe ingress or egress of an automobile.
PLANNED UNIT DEVELOPMENT: The development of a tract of land under single ownership or control, based on an approved development plan permitting flexibility of dwelling types, lot sizes, and accessory uses not available under conventional lot by lot restrictions.
PLANNING COMMISSION: The city of Skiatook, Oklahoma, planning commission.
PRIVATE CLUB: A private club or lodge, the chief activity of which is a service and is not operated as a business for profit, and which holds and maintains an income tax exempt status. This term includes charitable, eleemosynary, educational and recreational establishments.
REST HOME: A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.
SANATORIUM: An institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.
SETBACK: A horizontal distance determining the location of a building with respect to a street, use district boundary line, or another use. Where the term "setback" is used in conjunction with a modifying word or words such as "parking area", the setback shall in its application include, but not be limited to, buildings.
SIGN, BUSINESS: A sign which directs attention to a business, commodity, service, or entertainment conducted on the premises.
SIGN, CANOPY: A sign wholly supported by a canopy projecting from a building or an extended roof or a pitched roof and which does not extend above the mean height level of the roof of the building.
SIGN, CONSTRUCTION: A temporary sign erected during the period of construction advertising the construction of improvements on the property.
SIGN, GROUND: A sign which is attached to or is a part of a self- supporting structure, other than a building or portion of a building.
SIGN, OUTDOOR ADVERTISING: A sign which directs attention to a business, commodity, service or entertainment, sold or offered elsewhere than the premises and only incidentally on the premises, if at all.
SIGN, PROJECTING: A sign affixed to a building and which extends horizontally more than twelve inches (12") from the sign supporting portion of the building.
SIGN, REAL ESTATE: A temporary sign advertising the sale, rental, or lease of the premises.
SIGN, ROOF: A sign which is affixed to a roof, extended roof, pitched roof or canopy and which extends above the mean height of the roof.
SIGN, WALL: A sign affixed to a building wall which does not project horizontally more than twelve inches (12") from the wall nor extend above the height of the wall.
SITE DEVELOPMENT PLAN: A plan drawn at a scale of not less than one inch equals fifty feet (1" = 50') which shows the topographic characteristics of the site at two foot (2') contour intervals; the location and dimensions of buildings, yards, courts, parking spaces, and other features; the use of each building and area; adjacent streets, alleys, utility drainage and other easements; and the relationship of the development to adjacent areas which it may affect.
SPECIAL EXCEPTION: A use or a design element of a use which is not permitted by right in a particular district because of potential adverse effects, but which, if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the board of adjustment, where specifically authorized by this title, and in accordance with the substantive and procedural standards of this title.
STREET: Any public thoroughfare which affords the principal means of access to abutting property.
STREET, INTERSECTING: Any street which joins another street at an angle, whether or not it crosses the other.
STREET WALL: The wall or part of the building nearest to the street line.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
STRUCTURE: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, and includes buildings, walks, fences, and signs.
SUPPLEMENTAL DISTRICT: A zoning district to be mapped as an overlay to a use district and which modifies or supplements the regulations of the general district in recognition of distinguishing circumstances such as unit development or flooding propensity while maintaining the character and purposes of the general use district area over which it is superimposed.
TOP PLATE: The horizontal timber directly carrying the trusses of a roof or the rafters.
TOWNHOUSE: A row of at least four (4) attached dwelling units separated by party walls and designed for separate ownership of the individual dwelling units.
TRAILER COURT: See definition of Mobile Home Park.
TRAILER HOME: See definition of Mobile Home.
VARIANCE: A relaxation of a restriction of this title, granted by the board of adjustment, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition or circumstance of a particular property, the literal enforcement of the zoning restriction would result in unnecessary hardship.
YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this title that an accessory building may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.
YARD, FRONT: A yard extending along the full length of the front lot lines between the side lot lines, and being the minimum horizontal distance between the front property line and the main building.
YARD, REAR: A yard extending along the full length of the rear lot line between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building.
YARD REQUIRED: The minimum permitted distance of open unoccupied space between a building and a lot line.
YARD, SIDE: A yard extending along a side lot line between the front yard and the rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building. (1991 Code § 16-26-1600; amd. Ord. 93-09A, 12-14-1993; Ord. 2007-04, 10-30-2007; 2011 Code)