In addition to definitions found elsewhere in
the chapter in regard to specific uses, as used in this chapter, the
following terms shall have the meanings indicated:
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. Residential
dwelling units may be considered accessory units in commercial districts
where such units are an integral part of the commercial structure.
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; provided, however, that the operation of any such accessory
use shall be secondary to that of normal agricultural activities,
and provided further that the above uses shall not include the commercial
feeding of swine or other animals, stockyards or commercial feed lots
for cattle.
[Amended 8-12-2014 by Ord. No. 9061]
ALLEY
A minor right-of-way dedicated to public use not more than
30 feet wide affording a secondary means of access to abutting property
and not intended for general traffic circulation.
ANIMAL HOSPITAL
Any building or portion thereof designed or used for the
care or treatment of cats, dogs, or other animals.
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;
vehicle steam cleaning.
AUTOMOBILE REPAIR, MINOR
Incidental replacement of parts and motor service to passenger
cars and trucks not exceeding 1 1/2 ton 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, the word "block"
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 intersecting streets or between an intersecting street and a railroad
right-of-way or between an intersecting street and a watercourse.
BOARDINGHOUSE and ROOMING HOUSE
A building 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.
[Amended 8-12-2014 by Ord. No. 9061]
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 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 deckline 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 chapter.
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.
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 of El Reno, Oklahoma, as adopted
by the City Council.
CONVALESCENT HOME
Also, a nursing home, a rest home; a home for the aged, recuperating,
chronically ill, or incurable persons, in which two 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.
DISTILLERY
An establishment for distilling alcoholic beverages other
than ale, beer or wine.
[Added 3-6-2007 by Ord. No. 5007]
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 relocatable living unit manufactured off-site and transported
on an independent carrier unit, to a permanent site which has been
constructed in accordance with an "Engineering Bulletin" issued by
the Office of Technical Standards, Department of Housing and Urban
Development, Washington, D.C.
DWELLING, MULTIFAMILY
A building or portion thereof containing three or more dwelling
units and designed for or used by three 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 dwelling units and designed for
or used exclusively by two 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, adoption or marriage,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
[Amended 8-12-2014 by Ord. No. 9061]
FLOOD HAZARD AREA
The land area adjoining a floodway which is not reasonably
required to carry and discharge the floodwater of the one-hundred-year-frequency
flood but which would be inundated by the floodwater of the one-hundred-year-frequency
flood based on full urbanization of the watershed.
FLOOD (ONE-HUNDRED-YEAR-FREQUENCY)
A flood having an average frequency of occurrence once in
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 run-off 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.
FLOODWAY
The channel of a watercourse or drainway and those portions
of the adjoining lands which are reasonably required to carry and
discharge the floodwater of the one-hundred-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 center lines of walls separating two buildings.
FRONTAGE
The lineal 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, 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, 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 square feet in area, attached to the main accessory building,
and no mechanical equipment is used except such as is customarily
used in purely domestic or household purposes. A tea room, restaurant,
rest home, clinic, barbershop, doctor's or dentist's office, child-care
center, tourist home or cabinet shop, metal shop, lawn mower repair,
or auto repair garage shall not be deemed a home occupation.
HOTEL
A building or group of buildings under one ownership containing
six 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 camps, hospitals, asylums, orphanages, or buildings
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, baled, 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 materials incidental to manufacturing
operations.
KENNEL
Any structure or premises on which three or more dogs over
four 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
10 feet in width and 30 feet in length and having a vertical clearance
of at least 14 feet, designated for the temporary parking of commercial
vehicles while loading or unloading merchandise or materials.
LOT
A parcel of land of at least sufficient size to meet minimum
zoning requirements for use, coverage, and area, and to provide such
yards and other open spaces as are herein required. Such lot shall
have frontage on an improved public street, or on an approved private
street, and may consist of: (a) a single lot of record; (b) a portion
of a lot of record; (c) a combination of complete lots of record,
of complete lots of record and portions of lots of record, or of portions
of lots of record; and (d) a parcel of land described by metes and
bounds; provided that in no case of division or combination shall
any residual lot or parcel be created which does not meet the requirements
of this chapter.
LOT FRONTAGE
The front of a lot shall be construed to be the portion nearest
the street. For the purpose of determining yard requirements on corner
lots and through lots, all sides of a lot adjacent to streets shall
be considered frontage, and yards shall be provided as indicated under
the definition of "yards" in this section.
LOT MEASUREMENTS
A.
LOT DEPTHShall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front with the rearmost points of the side lot lines in the rear.
B.
LOT WIDTHShall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of culs-de-sac, where the 80% requirement shall not apply.
LOT OF RECORD
A lot which is part of a subdivision recorded in the office
of the County Clerk, or a lot or parcel described by metes and bounds,
the description of which has been so recorded.
LOT TYPES
The diagram (Figure 1) which follows illustrates terminology
used in this chapter with reference to corner lots, interior lots,
reversed frontage lots and through lots:
Where
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A
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CORNER LOT — A lot located at
the intersection of two or more streets. A lot abutting on a curved
street or streets shall be considered a corner lot if straight lines
drawn from the foremost points of the side lot lines to the foremost
point of the lot meet at an interior angle of less than 135º.
See lots marked A(1) in the diagram.
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B
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=
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INTERIOR LOT — A lot other than
a corner lot with only one frontage on a street.
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C
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=
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THROUGH LOT — A lot other than
a corner lot with frontage on more than one street. Through lots abutting
two streets may be referred to as "double frontage lots."
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D
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=
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REVERSED FRONTAGE LOT — A lot
on which the frontage is at right angles or approximately right angles
(interior angle less than 135º) to the general pattern in the
area. A reversed frontage lot may also be a corner lot (A-D in the
diagram), an interior lot (B-D) or a through lot (C-D).
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MEDICAL FACILITIES
B.
DENTAL OR MEDICAL CLINICA 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.
D.
HOSPITALAn 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.
E.
PUBLIC HEALTH CENTERA facility primarily utilized by a health unit for providing public health services, including related facilities.
MOBILE HOME
Moveable equipment having over 400 square feet of habitable
space that is designed and/or manufactured for human occupancy, to
which customarily there are attached or may be attached wheels for
mobility, and which does not conform to the International Residential
Code.
[Amended 4-3-2007 by Ord. No. 5009]
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 under single ownership 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 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 herein.
PARKING SPACE
A permanently surfaced area of not less than 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 El Reno Planning Commission, as established by the statutes
hereinbefore cited. The El Reno Planning Commission shall also be
the Zoning Commission for the City of El Reno.
PORTABLE STORAGE UNIT
Storage containers, mobile self-storage containers, containerized
structures, or mobile offices, except for any such item for which
a certificate of occupancy has been obtained.
[Added 5-14-2024 by Ord.
No. 9346]
RECREATIONAL VEHICLE
Any licensed camp trailer, travel trailer, motor home or
fifth wheel designed and/or manufactured for human occupancy that
has cooking facilities.
[Added 4-3-2007 by Ord. No. 5009; amended \8-12-2014 by Ord. No. 9061]
RECREATIONAL VEHICLE PARK
A plot of land upon which two or more recreational vehicle
sites are located, established or maintained for occupancy by recreational
vehicles of the general public as temporary living quarters for two
weeks or less for recreation or vacation purposes. No residential
uses shall be permitted, and mobile units shall not exceed 400 square
feet in floor area. Recreational vehicle (RV) parks shall be designed
to serve the placement of recreational vehicles. No recreational vehicle
shall be used as a permanent place of abode, dwelling or business.
These standards are intended for those recreational vehicle parks
where lots within the park are for rental, sale or lease to serve
the short-term placement of recreational vehicles as outlined above.
[Added 9-1-2009 by Ord. No. 7020]
SETBACK
The minimum distance between a principal building, structure
or use and a property line of the lot. The required setback as required
in this chapter shall be calculated from the lot lines, except that
where the major street planned right-of-way exceeds the existing right-of-way,
the setback shall be measured from the planned right-of-way line.
[Amended 8-12-2014 by Ord. No. 9061]
SIGHT TRIANGLE
A required clear area free of all structures or other sight
impediments formed by measuring back equal distances of 25 feet along
two intersecting lines of street rights-of-way then connecting said
points to form a triangle adequate to provide safe ingress and egress
for vehicular traffic, as determined by the City of El Reno.
[Added 11-3-2009 by Ord. No. 7024]
SIGN
Any word, lettering, part of letters, figures, numerals,
phrases, sentences, emblems, devices, designs, picture, 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 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.
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 chapter,
and in accordance with the substantive and procedural standards of
this chapter.
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 30 feet in width which is
the primary public means of access to abutting property and used primarily
for vehicular circulation.
STREET, ARTERIAL
Any street designated on the thoroughfare plan or Comprehensive
Plan as an arterial, primary arterial, secondary arterial, major street,
or any four-lane street, and/or as may be designated by ordinance
by the City Council and which is designed to carry intercommunity
traffic and to relate the various neighborhoods within the community.
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).
STRUCTURE HEIGHT
The vertical distance from the average line of the highest
and lowest points of that portion of the lot covered by the structure
to the highest point of the structure.
[Added 5-14-2013 by Ord. No. 9033]
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.
TRAVEL TRAILER
Moveable equipment having 400 square feet or less of habitable
space that is designed and/or manufactured for human occupancy but
does not conform to the International Residential Code.
[Added 4-3-2007 by Ord. No. 5009]
VARIANCE
A relaxation of a restriction of the zoning district regulation
granted by the Board of Adjustment where, by reason of exceptional
narrowness, shallowness, shape, topography, or other extraordinary
or exceptional situation, condition or circumstances of a particular
property, the literal enforcement of the restriction would result
in unnecessary hardship.
YARD
A required open space other than a court unoccupied and unobstructed
by any structure or portion of a structure from 30 inches above the
general ground level of the graded lot upward; provided, however,
that fences, walls, poles, posts, and other customary yard accessories,
ornaments, and furniture may be permitted in any yard subject to height
limitations and requirements limiting obstruction of visibility.
YARD DEPTH
A.
The depth of required front yards shall be measured
at right angles to a straight line joining the foremost points of
the side lot lines. The foremost point of the side lot line, in the
case of rounded property corners at street intersections, shall be
assumed to be the point at which the side and front lot lines would
have met without such rounding. Front and rear yard lines shall be
parallel.
B.
Depth of a required rear yard shall be measured
in such a manner that the yard established is a strip of the minimum
width required by district regulations with its inner edge parallel
with the rear lot line.
YARD, FRONT
A yard extending between side lot lines across the front
of a lot adjoining a public street.
YARD, REAR
A yard extending across the rear of the lot between inner
side yard lines. In the case of through lots and corner lots, there
will be no rear yards, but only front and side yards.
YARD, SIDE
A yard extending from the rear line of the required front
yard to the rear lot line, or in the absence of any clearly defined
rear lot line to the point on the lot farthest from the intersection
of the lot line involved with the public street. In the case of through
lots, side yards shall extend from the rear lines of front yards required.
In the case of corner lots, yards remaining after full- and half-depth
front yards have been established shall be considered side yards.
YARD, SPECIAL
A yard behind any required yard adjacent to a public street,
required to perform the same functions as a side or rear yard, but
adjacent to a lot line so placed or oriented that neither the term
"side yard" nor the term "rear yard" clearly applies. In such cases,
the Zoning Administrator shall require a yard with minimum dimensions
as generally required for a side yard or a rear yard in the district,
determining which shall apply by the relation of the portion of the
lot on which the yard is to be located to the adjoining lot or lots,
with due regard to the orientation and location of structures and
buildable areas thereon.
YARD WIDTH
The width of a required side yard shall be measured in such
a manner that the yard established is a strip of the minimum width
required by district regulations with its inner edge parallel with
the side lot line.