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ZONING AND PROPERTY RESTRICTIONS

Chapter 18

DEFINITIONS


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SECTION    1800.    DEFINITIONS


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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 Bar: A commercial establishment open to the public which sells and serves intoxicating or nonintoxicating beverages (as defined herein) for consumption on the premises, but which is incidental and subordinate to a principal use restaurant, hotel or motel, and bars which are accessory to not for profit, bona fide lodges, posts, clubs, fraternal, benevolent or charitable organizations which are included in Use Unit 2.

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.

After-Hours Club: commercial establishment open to the general public after 2:00 A.M. which provides music and a space for dancing.

All-Weather Material: A hard surface, dust?free material capable, during ordinary use, of withstanding without substantial deterioration, normal weather conditions.

Anticipated Development: Full potential urbanization of the contributing watershed, considering the Comprehensive Plan and the reasonable assumption that in considering the effects of a proposed development in a floodplain area that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream or water course.

Arterial: A street designated on the Major Street Plan as a primary arterial or secondary arterial.

Average Ground Elevation: The mid point between the highest and lowest ground elevations at the building wall.

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Bar/Tavern: A commercial establishment open to the general public which sells and serves only nonintoxicating beverages (as defined herein) for consumption on the premises.

Bed and Breakfast Inn: A residential structure that provides twelve or fewer guest rooms and meals for overnight guests who pay a fee for such services. Said structure may also be rented for special events, such as weddings, receptions, anniversaries, private dinner parties, business seminars, etc., as may be approved by the Board of Adjustment.

Beer Bar: A commercial establishment open to the general public which sells and serves only nonintoxicating beverages (as defined herein) for consumption on the premises.

Billiard Center, Family: A principal use billiard facility which caters to families and which excludes the sale and consumption of intoxicating or nonintoxicating beverages (as defined herein) on the premises.

Billiard Hall/Pool Hall: A principal use billiard facility, open to the general public, and which sells and serves intoxicating and/or nonintoxicating beverages (as defined herein) on the premises.

Board of Adjustment: The Board of Adjustment of Tulsa County, Oklahoma.

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 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.

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Community Group Home: A community?based residential facility for independent living that provides room and board, personal care, and habilitation services in a family environment as a single?housekeeping unit for 6 ? 12 residents mentally retarded and/or physically limited persons with at least one, but not more than three, resident staff persons. Personal care and habilitation services excludes on?site institutional type educational training, medical or nursing care.

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.

County Commission: The Board of Commissioners of Tulsa County, Oklahoma.

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 Code.

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Dance Hall: A commercial establishment open to the general public which provides a dance area of 1,000 SF or more.

Detention/Correctional Facility: A facility for the detention, confinement, treatment and/or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, pre?release center, correctional community treatment center, jail and prison.

Development: Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

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.

Double Wide: Two mobile home units, which are designed to be joined together on a permanent foundation and when attached constitute a single dwelling unit.

Dwelling: A building or structure used in whole or in part for human inhabitation.

Dwelling, Duplex: A building containing two dwelling units, designed for occupancy by not more than two 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, located on jacks or other temporary or permanent foundation, connection to utilities, and similar installation activities.

Dwelling, Multifamily: A building containing three 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, Townhouse: A building containing two or more attached dwelling units with no unit above another unit and each unit located on a separate lot within a townhouse development.

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.

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Elderly/Retirement Housing: A residential complex containing multifamily dwellings designed for and principally occupied by senior citizens. Such facilities may include a congregate meals program in a common dining area, but exclude institutional care such as medical or nursing care and are distinguished from life care retirement centers as elsewhere defined.

Emergency and Protective Shelter: A residential facility which provides room and board for a temporary (30 days or less) period, protection, counseling, and pre?placement screening for abused, displaced, or transient children or adults.

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Family: One or more persons occupying a single dwelling unit, as a single housekeeping unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over five persons, but further provided that domestic servants may be housed on the premises without being designated as a family. Individuals not related by blood, marriage, or adoption occupying a single dwelling unit for on?site institutional education, training, supervision, medical care or nursing care shall not be considered a family as defined herein. Further provided a family, as defined herein, does not include a foster home or a neighborhood group home as elsewhere defined.

Family Day Care Home: A dwelling used to house and provide supervision and care for five children, said total to include those preschool children under five years of age who reside in the residence.

Flood: A temporary rise in stream level that results in inundation of areas not ordinarily covered by water.

Floodway: The channel of a river or other watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regulatory flood.

Floor Area: The sum of the gross horizontal areas of the several floors, including basements, of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two 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 lot divided by the lot area.

Foster Home: A dwelling used in whole or in part as living quarters for a household including one or more minor children placed by a licensed child placement agency who are not members of the family occupying said dwelling but, are under their supervision. Further, provided that a maximum of five children are allowed to reside in the home, including any natural children living in the home, if any children in the home are age two or younger. If no children are under 2 years, the maximum number of children residing in the home is six.

Freeway: A street designated as a freeway on the Major Street Plan.

Frontage: The lineal measurement of a lot boundary which abuts a public street or the lineal measurement of the building setback line when the boundary of the lot abuts a curved nonarterial street or cul?de?sac.

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Habitable Floor: Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor".

Height, Building: The vertical distance measured from the average ground 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: That accessory use of a dwelling which constitutes some or all of the livelihood of a person living in the dwelling.

I   TOP

Intoxicating Beverages: All beverages containing more than three and two-tenths percent (3.2%) alcohol by weight and all mixed beverage coolers, as defined in Section 506 of Title 37, Oklahoma Statues, regardless of percent of alcohol content.

J   TOP

K   TOP

Kennel: The use of land or buildings for the purpose of selling, breeding, boarding or training cats or dogs, or both.

L   TOP

Land Area: The area of a lot plus one?half or 30 feet, whichever is less, of the right?of?way of any abutting street to which the lot has access.

Land Coverage: The land area of a lot covered by building or buildings, except structural parking.

Life Care Retirement Center: A residential facility containing dwellings designed for and principally occupied by senior citizens in a planned retirement community which includes a residential complex, an activity or community center, and a medical or nursing facility which is licensed by the State of Oklahoma as an Intermediate Care Facility or a Skilled Nursing Center.

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 or loading area.

Loading Berth, Off-Street: A space of at least 10 feet in width and 30 feet in length and having a vertical clearance of at least 14 feet, designed and located on a lot for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

Lot: A lot of record.

Lot of Record: A lot which is 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 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 Width: The average horizontal distance between the side lot lines.

M   TOP

Major Street Plan: The Tulsa City?County Major Street and Highway Plan, as adopted the Board of County Commissioners, Tulsa County, on September 15, 1980, Resolution No. 98255, or as it may hereafter be amended by resolution.

Mini-Storage: 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 23.

Mobile Home: A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

Modular Home: A pre?built structure, transportable in two or more sections, which is designed to be attached and located on a permanent foundation resulting in a single?family dwelling.

N   TOP

NA: Not applicable.

Nameplate: A sign, attached flush against a building identifying the name of the building or the name of an occupant thereof.

NEC: Not elsewhere classified.

Neighborhood Group Home: A home for independent living with support personnel that provides room and board, personal care and habilitation services in a family environment as a single?housekeeping unit for not more than five resident mentally retarded and/or physically limited persons with at least one, but not more than two, resident staff persons. Personal care and habilitation services excludes on?site institutional type educational training, medical or nursing care.

Night Club: A commercial establishment open at night to the general public, usually serving intoxicating and/or nonintoxicating beverages, having a floor show, and providing music and a space for dancing.

Nonintoxicating Beverages: All beverages containing more than one-half of one percent (½ of 1%) alcohol by volume, and not more than three and two-tenths percent (3.2%) alcohol by weight.

Nursing Home: A residential health care facility licensed and regulated by the State of Oklahoma which provides lodging, personal care and supervision for aged, chronically ill, physically infirm, or convalescent patients.

O   TOP

Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

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Parking Space, Off-Street: A space on a lot intended and reserved for the parking of an automobile. Such space to be of minimum width and length as prescribed herein, together with a driveway connecting the space with a street or alley and permitting ingress or egress of an automobile.

Planning Commission: The Tulsa Metropolitan Area Planning Commission (TMAPC).

Planned Unit Development: A discretionary type of development for a tract of land under single ownership or control, based upon an approved development plan permitting flexibility of principal land uses, lot sizes, and accessory uses not otherwise available under conventional development standards.

Principal Use Restaurant: An eating establishment which employs at least one full-time cook, has a menu, a fully equipped kitchen for cooking and preparation of meals and which eating establishment, including the kitchen area but excluding the bar area, occupies at least 75% of the total floor area of the business.

Private Club: A private commercial establishment, not open to the general public, but which is operated for profit and which sells and serves intoxicating and/or nonintoxicating beverages (as defined herein) for consumption on the premises.

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R   TOP

Recreational Vehicle (RV): A trailer, boat trailer, travel trailer, camping trailer, truck camper, camper shell, motor home, tent trailer, boat houseboat, or similar vehicle or unit. Camper shells which are attached to a pickup truck are not considered a recreational vehicle.

Regulatory Flood: A flood having a 1% chance of being equaled or exceeded in any given year based upon the full potential urbanization of the contributing watershed considering the Comprehensive Plan, adopted Floodplain Management Policies and the watershed Master Drainage Plan where adopted.

Residential Treatment Center: A community-based residential facility providing diagnostic or therapeutic services and long-term room and board in a highly structured environment for its residents for alcoholism and drug abuse, mental illness or behavioral disorders.

Rooming and Boarding House: A facility wherein congregate meals and lodging are provided for its residents exclusive of a supervised living or residential care facility as elsewhere defined, and exclusive of a hotel or motel.

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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.

Signs, 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 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, Portable: A sign which is not permanently affixed to the ground or a building.

Sign, Projecting: A sign affixed to a building and which extends horizontally more than 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 height of the roof.

Sign, Wall: A sign affixed to a building wall which does not project horizontally more than 12 inches from the wall or extend above the height of the wall.

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 affect, 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 the Code, and in accordance with the substantive and procedural standards of the Code.

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. Provided that, for the purposes of Chapter 10, Floodway Zoning District "structure" means a walled and roofed building that is principally above ground, as well as a mobile home.

Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with the existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

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.

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Top Plate: The horizontal timber directly carrying the trusses of a roof or the rafters.

Townhouse Development: A row of at least three attached dwelling units each separated by a party wall on individual lots and designed for separate ownership of the individual dwelling units with no separate dwelling unit constructed above another dwelling unit; provided that in a development of six or more units, a row of two attached dwelling units may be constructed thereon.

Transitional Living Center: A community?based residential facility that provides short?term (120 days or less) room and board in a supervised living environment utilizing counseling and rehabilitation services for persons with a history of juvenile delinquency, behavioral disorders, mental illness, alcoholism or drug abuse.

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Variance: A relaxation of a restriction of the Code, 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 Code restriction, would result in unnecessary hardship.

Veterinarian Clinic: A building used exclusively for the care and treatment of animals, including incidental overnight boarding of animals within the enclosed building, but excluding outside animal runs or boarding services.

W   TOP

Wild or Exotic Animals, as regulated by this Code, are:

Primates: Any non-human primate

Carnivore: Non-domestic flesh-eating mammals

Venomous Reptiles: Venomous snakes and lizards

Non-Venomous Reptiles: Those reaching eight feet or more in length and/or weighing 40 pounds or more at maturity.

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Y   TOP

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 lines between the side lot lines.

Yard, Required: The minimum permitted distance of open unoccupied space between a building and a lot line.

Yard, Rear: A yard extending along the full length of the rear lot line between the side lot lines.

Yard, Side: A yard extending along a side lot line between the front yard and the rear yard.

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