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 word "shall" is mandatory and not directory.
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.
BOARD OF ADJUSTMENT: The board of adjustment of the city.
BUILDING: Any structure which:
A. Is permanently affixed to the land.
B. Has one or more floors and a roof.
C. Is bounded by either another building with a common party wall, open air, or the lot lines of a lot.
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.
CITY COUNCIL: The mayor and council members of the city.
COMMUNITY BASED CARE FACILITY: A facility where two (2) or more persons are housed under partial or total restraint for incarceration, detention, reform, behavior modification or other similar purposes.
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; provided, however, "display surface area" shall not include 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 further, that both faces of a double faced sign shall be included in the computation of "display surface area".
DWELLING: A building or structure used in whole or in part for human habitation.
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 trailer, 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, MULTI-FAMILY: A building containing three (3) or more dwelling units.
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 adoption, 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 a family.
FLOODPLAIN: The land area adjoining a watercourse or drainway which would be inundated by the floodwater of the 100-year frequency flood, based on full urbanization of the watershed, as predicted by the city engineer, or as predicted by the USDA soil conservation service 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: The floor area of a building or buildings on a zoning lot divided by the lot area.
FRONTAGE: The lineal measurement of a zoning lot boundary or boundaries which abut a public street.
HEIGHT, BUILDING OR STRUCTURE: The vertical distance measured, in the case of flat roofs, from the curb level to the level of the highest point of the roof beams adjacent to the street wall, and in the case of pitched roofs, from the curb level to the mean height level of the gable. Where no roof beam exists, the height shall be measured from the curb level to the highest point of the building or structure.
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.
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 in a lot for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
LOT: A lot of record.
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 or 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 major street and highway plan.
NEC: Not elsewhere classified.
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 USDA soil conservation service and confirmed by the city engineer.
OPEN SPACE: The portions of a lot which are open and unobstructed from its lowest level to the sky; provided, that fences and patios shall not be deemed obstructions.
PARKING SPACE, OFF STREET: A space on a lot intended and reserved for the parking of an automobile. Such space shall be at least ten feet in width by twenty feet in length (10' x 20'), together with a driveway connecting the space with a street or alley and permitting ingress or egress of an automobile.
PLANNING COMMISSION: The Wewoka planning commission.
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, building.
SIGN, BUSINESS: A sign which directs attention to a business, commodity, service or entertainment conducted on the premises.
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.
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 effect, 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 WALL: The wall or part of the building nearest to the street line.
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.
VARIANCE: A relaxation of a restriction of the zoning 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 this title restriction, would result in unnecessary hardship.
YARD: An open unoccupied space on a lot between a building and a lot line.
YARD, FRONT: A yard extending along the full length of the front lot line between the side lot lines.
YARD, REAR: A yard extending along the full length of the rear lot line between the side lot lines.
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. (Ord., 3-8-1971; amd. Ord. 435, 9-23-1999)