For the purpose of this UDC, certain terms and words are to be used and interpreted as defined in this chapter.

The following rules of construction shall be used when construing this UDC:

1.

Words used in the present tense shall include the future tenses; 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.

2.

The word "shall" is mandatory and not directory.

3.

The word "building" includes the word "structure."

A.

Basis for Classifications. Use categories classify land uses and activities into use categories based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. The use categories provide a systematic basis for assigning present and future land uses into appropriate zoning districts.

B.

Principal Uses. Principal uses are assigned to the category that most closely describes the nature of the principal use. The "Characteristics" subsection of each use category describes the common characteristics of each principal use.

1.

Developments with Multiple Principal Uses. When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore and bakery, for example, would be classified in the Retail Sales and Service category because all of the development's principal uses are in that category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to all applicable regulations for that category.

2.

Accessory Uses. Accessory uses are allowed by-right in conjunction with a principal use unless otherwise stated in the regulations. Also, unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the use category descriptions.

3.

Use of Examples. The "Examples" subsection of each use category lists common examples of uses included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself "Wholesale Warehouse" but that sells mostly to consumers, is included in the Retail Sales and Service category rather than the Wholesale Sales category. This is because the actual activity on the site matches the description of the Retail Sales and Service category.

C.

Similar Use Interpretation Criteria. The following considerations shall be used in making similar use interpretations:

1.

The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;

2.

The relative amount of site area or floor space and equipment devoted to the activity;

3.

Relative amounts of sales from each activity;

4.

The customer type for each activity;

5.

The relative number of employees in each activity;

6.

Hours of operation;

7.

Building and site arrangement;

8.

Vehicles used with the activity;

9.

The relative number of vehicle trips generated by the use; and

10.

How the use advertises itself.

D.

Residential Use Categories.

1.

Group Living.

a.

Characteristics. Group Living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of Household Living. The size of the group may be larger than the average size of a household. Tenancy is arranged on a monthly or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the Retail Sales and Service and Community Service categories). Generally, Group Living structures have a common eating area for residents. The residents may receive care, training, or treatment, as long as the care givers also reside at the site.

b.

Accessory Uses. Accessory uses commonly associated with Group Living are recreational facilities and parking of vehicles for occupants and staff.

c.

Examples. Examples of Group Living include dormitories; fraternities and sororities; monasteries and convents; nursing and convalescent homes; some group homes for the physically disabled, mentally retarded, or emotionally disturbed; some residential programs for drug and alcohol treatment; and alternative or post incarceration facilities.

d.

Exceptions.

(i)

Lodging where tenancy may be arranged for periods of less than 30 days is to be considered a hotel or motel use and classified in the Retail Sales and Service category.

(ii)

Lodging where the residents meet the definition of Household and where tenancy is arranged on a month-to-month basis, or for a longer period is classified as Household Living.

(iii)

Facilities for people who are under judicial detainment and under the supervision of sworn officers are included in the Detention Facilities category.

2.

Household Living.

a.

Characteristics. Household Living is characterized by the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the Retail Sales and Service and Community Service categories).

b.

Accessory Uses. Accessory uses commonly associate with Household Living are recreational activities, raising of pets, hobbies and parking of the occupants' vehicles. Home occupations are accessory uses that are subject to additional regulations.

c.

Examples. Uses include living in houses, duplexes, triplexes, fourplexes and other multi-dwelling structures, retirement center apartments, manufactured housing and other structures with self-contained dwelling units.

d.

Exceptions. Lodging in a structure where less than two thirds of the units are rented on a monthly or longer basis is considered a hotel or motel use and is classified in the Retail Sales and Service category.

E.

Office Use Categories.

1.

Office.

a.

Characteristics. Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services and are not considered as commercial.

b.

Accessory Uses. Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building.

c.

Examples. Examples include professional services such as lawyers, accountants, engineers, or architects; financial businesses such as lenders, brokerage houses, banks, real estate agents, data processing, sales offices, government offices and public utility offices, TV and radio studios, medical and dental clinics, medical and dental labs, and blood-collection facilities. Veterinarian clinics, where there are no out-of-doors activities. Veterinarian clinics having out-of-doors activities require conditional use approval for activities before 7:00 a.m. and after 8:00 p.m., and are also subject to the City's Animal Control Ordinance. [City Code Chapter 5]

d.

Exceptions.

(i)

Offices that are part of and located with a principal use in another category are considered accessory to the firm's primary activity. Headquarters offices, when in conjunction with or adjacent to a principal use in another category, are considered part of the other category.

(ii)

Contractors and others who perform services off-site are included in the Office category if equipment and materials are not stored on the site and fabrication, services, or similar work is not carried on at the site.

F.

Commercial Use Categories.

1.

Entertainment Event, Major.

a.

Characteristics. Major Entertainment Event uses are characterized by activities and structures that draw large numbers of people to specific events or shows. Activities are generally of a spectator nature, and may be inside or outside venues.

b.

Accessory Uses. Accessory uses on the site may include food sales, alcohol sales, concessions, parking and maintenance facilities.

c.

Examples. Examples include stadiums, sports arenas, coliseums, auditoriums, exhibition and meeting areas and fairgrounds.

2.

Recreation and Entertainment, Outdoor.

a.

Characteristics. Recreation and Entertainment uses are generally commercial uses that provide continuous recreation or entertainment-oriented activities. They may take place outdoors, in structures that are arranged together in an outdoor setting, or an indoor setting that draws people from the City's service area.

b.

Accessory Uses. Accessory uses may include concessions, restaurants, parking, fencing, and maintenance facilities.

c.

Examples. Examples include uses from the following use groups:

(i)

Primarily Indoor Activities.Indoor continuous entertainment activities such as bowling alleys, ice rinks and game arcades; pool halls; dance halls; indoor firing ranges; theaters, health clubs, gyms, membership clubs and lodges, bars, taverns, lounges.

(ii)

Primarily Outdoor Activities.Outdoor continuous entertainment such as paintball, golf driving ranges, miniature golf, go-cart tracts, zoos.

(iii)

Adult Entertainment. Adult entertainment, indoor only, and including adult-oriented stores.

d.

Exceptions.

(i)

Exhibition and meeting areas with less than 20,000 square feet of total event area are classified as Retail Sales.

(ii)

Banquet halls that are part of hotels or restaurants are accessory to those uses, which are included in the Retail Sales category.

(iii)

Golf courses are classified as Parks and Open Space.

(iv)

Uses that draw large numbers of people to periodic events, rather than on a continuous basis, are classified as Major Entertainment Events.

3.

Athletic Training Facility.

a.

Characteristics. Athletic Training Facilities are characterized by intensive physical conditioning activities that require larger amounts of space for obstacle courses, wall climbing, aerial training, etc. These facilities are not open and staffed 24 hours; rather they have set hours with activities concluding by 10 PM. These facilities offer classes, one-on-one training sessions, and occasionally host tournaments and competitions.

b.

Accessory Uses. Accessory uses may include a snack bar and parking.

c.

Examples. Examples include obstacle course training, gymnastics gymnasiums, baseball batting cage, and martial arts facilities.

4.

Parking, Commercial/Independent.

a.

Characteristics. Parking facilities that are not accessory to a specific use where a fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a Commercial Parking facility.

b.

Accessory Use. In a parking structure only, accessory uses may include gasoline sales, car washing and vehicle repair activities if these uses provide service only to vehicles parked in the garage.

c.

Examples. Short- and long-term fee parking facilities and mixed parking lots (partially accessory to a specific use, partly for rent to others).

d.

Exceptions.

(i)

Parking facilities that are accessory to a use, but for which a charge to the public to park for occasional events nearby are not considered Commercial Parking facilities.

(ii)

Parking facilities that are accessory to a principal use are not considered Commercial Parking uses even if the operator leases the facility to the principal use or charges a fee to the individuals who park in the facility.

(iii)

Public transit park-and-ride facilities are classified as Basic Utilities.

5.

Retail Sales.

a.

Characteristics. Retail Sales and Service firms are involved in the sale, lease or rent of new or used products to the general public. They may also provide product repair or services for consumer and business goods.

b.

Accessory Uses. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale and parking.

c.

Examples. Examples include uses from the following groups:

(i)

Sales-Oriented: Stores selling, leasing, or renting consumer, home and business goods including art, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries, hardware, home improvements, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationary and videos; food sales and sales or leasing of consumer vehicles including passenger vehicles, motorcycles, light and medium trucks and other recreational vehicles.

(ii)

Theatres, exhibition and meeting areas with less than 20,000 square feet of total event area; banquet halls that are accessory to a hotel or restaurant.

6.

Service Businesses

a.

Characteristics. Businesses that provide services to the general public for repair/service of consumer and business goods, and personal services.

b.

Accessory Uses. Accessory Uses may include parking, offices, storage of goods, product sales for on-site sale, and repackaging of goods.

c.

Examples. Examples include uses for the following groups:

(i)

Service-Oriented: Coin operated and drop-off laundry; photo drop-off; photographic studio; photocopy and blueprint services; business, martial arts and other trade schools; dance or music classes; taxidermists; veterinarians; animal grooming; and day care center.

(ii)

Personal Service-Oriented: Hair salon; reducing salon; tanning salon; physical and massage therapy, and emergency medical care. Any personal business, such as tattooing/body piercing, that disallows services to persons under the age of eighteen (18) years old shall be classified as an adult personal service.

(iii)

Repair-Oriented: Repair of televisions, bicycles, clocks, watches, shoes, guns, appliances and office equipment; tailor; locksmith; and upholsterer.

d.

Exceptions.

(i)

Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation are classified as Wholesale Sales.

(ii)

Repair and service of consumer motor vehicles, motorcycles and light and medium trucks is classified as Vehicle Repair. Repair and service of industrial vehicles and equipment and heavy trucks is classified as Industrial Service.

(iii)

Sales, rental, or leasing of heavy trucks and equipment or manufactured housing units are classified as Wholesale Sales.

(iv)

Hotels, restaurants and other services that are part of a truck stop are considered accessory to the truck stop which is classified as Industrial Service.

7.

Temporary Lodging.

a.

Characteristics. Overnight and short-term lodging, for compensation that provides travelers, vacationers and conference attendees needed accommodations as a commercial housing activity.

b.

Accessory Uses. Accessory uses may include parking lots, offices and storage of goods.

c.

Examples. Examples include hotel, motels, bed and breakfasts, bed and breakfast inns, RV parks and other temporary lodging.

d.

Exceptions.

1.

Temporary lodging facilities at a truck stop are considered accessory to the truck stop which is classified as an industrial service.

2.

In certain cases temporary lodging facilities may be classified as a "Community Service" such as shelter houses when operated as a public, non-profit or charitable nature.

8.

Self-Service Storage.

a.

Characteristics. Self-Service Storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.

b.

Accessory Uses. Accessory uses may include living quarters for a resident manager or security and leasing offices. Use of the storage areas for sales, service and repair operations, or manufacturing is not considered accessory to the Self-Service Storage use. The rental of trucks or equipment is also not considered accessory to a Self-Service Storage use.

c.

Examples. Examples include facilities that provide individual storage areas for rent. These uses are also called mini-warehouses.

d.

Exceptions. A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the Warehouse and Freight Movement category.

9.

Vehicle Repair.

a.

Characteristics. Vehicle Repair firms service passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. Generally, the customer does not wait at the site while the service or repair is being performed.

b.

Accessory Uses. Accessory uses may include offices, sales of parts and vehicle storage.

c.

Examples. Examples include vehicle repair, transmission or muffler shop, auto body shop, alignment shop, auto upholstery shop, auto detailing and tire sales and mounting.

d.

Exceptions. Repair and service of industrial vehicles and equipment and of heavy trucks; towing and vehicle storage; and vehicle wrecking and salvage are classified as Industrial Service.

10.

Vehicle Service, Limited.

a.

Characteristics. Limited Vehicle Service uses provide direct services to motor vehicles where the driver or passengers generally wait in the car or nearby while the service is performed.

b.

Accessory Uses. Accessory uses may include auto and tire sales.

c.

Examples. Examples include full-service, mini-service and self-service gas stations; car washes; and quick lubrication services.

d.

Exceptions.

(i)

Truck stops are classified as Industrial Service.

(ii)

Refueling facilities for vehicles that belong to a specific use (fleet vehicles) are considered accessory uses if they are located on the site of the principal use.

G.

Industrial Use Categories.

1.

Industrial Service.

a.

Characteristics. Industrial Service firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site.

b.

Accessory Uses. Accessory activities may include offices, parking and storage.

c.

Examples. Examples include welding shops; machine shops; tool repair; electric motor repair, repair of scientific or professional instruments; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair, tire retreading or recapping; truck stops; building, heating, plumbing or electrical contractors; exterminators; recycling operations; janitorial and building maintenance services; fuel oil distributors; solid fuel yards; research and development laboratories; laundry, dry-cleaning and carpet cleaning plants; and photofinishing laboratories.

d.

Exceptions.

(i)

Contractors and others who perform services off-site are included in the Office category, if major equipment and materials are not stored at the site and fabrication, or similar work is not carried on at the site.

(ii)

Hotels, restaurants and other services that are part of a truck stop are considered accessory to the truck stop.

2.

Manufacturing and Production.

a.

Characteristics. Manufacturing and Production firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site.

b.

Accessory Uses. Accessory activities may include offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets and caretaker's quarters.

c.

Examples. Examples include processing of food and related products; catering establishments; slaughter houses and meat packing; weaving or production of textiles or apparel; lumber mills, pulp and paper mills and other wood products manufacturing; woodworking, including cabinet makers; production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products; printing, publishing and lithography; movie production facilities; concrete batching and asphalt mixing; production or fabrication of metals or metal products including enameling and galvanizing; manufacture or assembly of machinery, equipment, instruments, including musical instruments, vehicles, appliances, precision items and other electrical items; production of artwork and toys; sign making; and production of prefabricated structures, including mobile homes.

d.

Exceptions.

(i)

Manufacturing of goods to be sold primarily on-site and to the general public are classified as Retail Sales and Service.

(ii)

Manufacture and production of goods from composting organic material is classified as Waste-Related uses.

(iii)

Small-scale, high technology manufacturing and production of goods to be sold at wholesale and/or retail shall be classified as retail sales and service upon conditional use approval for locating in a (CC) or (CD) District (only). Conditions for approval shall include: the size of the business activity, the ability of the business to mitigate significant impacts beyond the space it occupies, and operating in a manner compatible with the surrounding commercial activities in the specific zoning district wherein it is located.

3.

Warehouse and Freight Movement.

a.

Characteristics. Warehouse and Freight Movement firms are involved in the storage, or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present.

b.

Accessory Uses. Accessory uses may include offices, truck fleet parking and maintenance areas.

c.

Examples. Examples include separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; storage of weapons and ammunition; major wholesale distribution centers; truck, or air freight terminals; bus barns; parcel services; major post offices; grain terminals; and the stockpiling of sand, gravel, or other aggregate materials.

d.

Exceptions.

(i)

Uses that involve the transfer or storage of solid or liquid wastes are classified as Waste-Related uses.

(ii)

Mini-warehouses are classified as Self-Service Storage uses.

4.

Waste-Related.

a.

Characteristics. Waste-Related uses are characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material. Waste-Related uses also includes uses that receive hazardous wastes from others.

b.

Accessory Uses. Accessory uses may include recycling of materials, offices and repackaging and transshipment of by-products.

c.

Examples. Examples include sanitary landfills, waste composting, energy recovery plants, sewage plants and hazardous waste collection sites.

d.

Exceptions.

(i)

Disposal of dirt, concrete, asphalt and similar non-decomposable materials is considered fill.

(ii)

Recycling collection centers are considered Basic Utilities.

5.

Wholesale Sales.

a.

Characteristics. Wholesale Sales firms are involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer.

b.

Accessory Uses. Accessory uses may include offices, product repair, warehouses, parking, minor fabrication services and repackaging of goods.

c.

Examples. Examples include sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, building hardware.

d.

Exceptions.

(i)

Firms that engage primarily in sales to the general public or on a membership basis are classified as Retail Sales and Service.

(ii)

Firms that are primarily storing goods with little on-site business activity are classified as Warehouse and Freight Movement.

H.

Institutional and Civic Use Categories.

1.

Colleges.

a.

Characteristics. This category includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. Colleges tend to be in campus-like settings or on multiple blocks.

b.

Accessory Uses. Accessory uses include offices, housing for students, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities and support commercial.

c.

Examples. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to health care facilities and seminaries.

d.

Exceptions. Business and trade schools are classified as Retail Sales and Service.

2.

Community Services.

a.

Characteristics. Community Services are uses (under IRS Code) of a public, nonprofit, or charitable nature generally providing a local service to people of the community. Generally, they provide the service on-site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions are open to the general public to join at any time, (for instance, any senior citizen could join a senior center). The use may provide special counseling, education, or training of a public, nonprofit or charitable nature.

b.

Accessory Uses. Accessory uses may include offices; meeting areas; food preparation areas; parking, health and therapy areas; and athletic facilities.

c.

Examples. Examples include libraries, museums, senior centers, community centers, publicly owned swimming pools, youth club facilities, hospices, social service facilities, temporary shelters, vocational training for persons with physical or mental disabilities.

d.

Exceptions.

(i)

Private lodges, clubs and private or commercial athletic or health clubs are classified as Retail Sales and Service. Commercial museums are classified as Retail Sales and Service.

(ii)

Parks are classified as Parks and Open Areas.

(iii)

Uses where tenancy is arranged on a month-to-month basis, or for a longer period are residential and are classified as Household or Group Living.

(iv)

Funeral homes are appropriately located in the (CC) Commercial District. A mausoleum, columbarium or crematorium are appropriate in locations and districts (AG), (RR), (CC) and (PFI) upon conditional use or as a permitted use in an (IH) or (IL) Industrial District.

3.

Day Care.

a.

Characteristics. Day Care uses provide care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day.

b.

Accessory Uses. Accessory uses include offices, recreation areas and parking.

c.

Examples. Examples include preschools, child care centers, nursery schools, latch key programs and adult day care programs.

d.

Exceptions. Day Care does not include public or private schools or facilities operated in connection with an employment use, shopping center or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity.

4.

Health Care Facilities.

a.

Characteristics. Health Care Facilities include uses providing medical or surgical care to patients and offering overnight care.

b.

Accessory Uses. Accessory uses include out-patient clinics, offices, laboratories, teaching facilities, meeting areas, cafeterias, parking, maintenance facilities and housing facilities for staff or trainees.

c.

Examples. Examples include medical centers and hospitals.

d.

Exceptions.

(i)

Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified in the Group Living category.

(ii)

Medical clinics or offices that provide care where patients are generally not kept overnight are classified as Offices.

(iii)

Emergency medical clinics are classified as Retail Sales and Service.

5.

Parks and Open Areas.

a.

Characteristics. Parks and Open Areas are uses of land focusing on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures.

b.

Accessory Uses. Accessory uses may include club houses, maintenance facilities, concessions, caretaker's quarters and parking.

c.

Examples. Examples include parks, golf courses, cemeteries, public squares, plazas, recreational trails, botanical gardens, nature preserves and land used for grazing that is not part of a farm or ranch.

6.

Religious Institutions.

a.

Characteristics. Religious Institutions primarily provide meeting areas for religious activities.

b.

Accessory Uses. Accessory uses include Sunday school facilities, parking, caretaker's housing and group living facilities such as convents.

c.

Examples. Examples include churches, temples, synagogues and mosques.

d.

Exceptions.

(i)

Preschools are classified as Day Care uses.

(ii)

Schools are classified as Schools.

7.

Safety Services.

a.

Characteristics. Safety Services are uses that provide public safety and emergency response services. They often need to be located in or near the area where the service is provided. Employees are regularly present on-site.

b.

Accessory Uses. Accessory uses include offices and parking.

c.

Examples. Examples include fire stations, police stations and emergency medical and ambulance stations.

8.

Schools.

a.

Characteristics. This category includes public and private schools at the primary, elementary, middle, junior high, or high school level that provide state-mandated basic education.

b.

Accessory Uses. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums and before- or after-school day care.

c.

Examples. Examples include public and private daytime schools, boarding schools and military academies.

d.

Exceptions.

(i)

Preschools are classified as Day Care uses.

(ii)

Business and trade schools are classified as Retail Sales and Service.

9.

Utilities, Basic.

a.

Characteristics. Basic Utilities are infrastructure services that need to be located in or near the area where the service is provided. Basic Utility uses generally do not regularly have employees at the site. Services may be public or privately provided.

b.

Accessory Uses. Accessory uses may include parking and control, monitoring, data or transmission equipment.

c.

Examples. Examples include water and sewage pump stations; electrical substations; water towers and reservoirs; stormwater retention and detention facilities; telephone exchanges; recycling collection centers; and park-and-ride facilities for mass transit.

d.

Exceptions.

(i)

Services where people are generally present are classified as Community Services, Offices, or Safety Services.

(ii)

Utility offices where employees or customers are generally present are classified as Offices.

(iii)

Bus barns are classified as Warehouse and Freight Movement.

(Ord. No. 2652, 6-19-00; Ord. No. 2723, 8-19-02; Ord. No. 2801, 10-17-05; Ord. No. 2802, 10-17-05; Ord. No. 2803, 10-17-05; Ord. No. 2829, 9-18-06; Ord. No. 2840, 12-18-06; Ord. No. 3028, 6-4-18)

100-Year Flood or Rain. A flood or rainfall having an average statistical frequency of occurrence in the order of once in 100 years, although the flood or rainfall may actually occur in any year.

Accessory. A use, building, structure, part of a building, or part of a structure which is subordinate to and the use of which is incidental to that of the main building, structure, or use on the same lot, including a private garage. If a building otherwise qualifies as an accessory building is attached to the main building by a common wall or roof, such building shall be considered a part of the main building.

Accessory Living Quarters. An accessory living quarters may be created either by converting part of or adding on to an existing detached single family home on a single family lot. Such quarters and the principal dwelling must contain cooking, eating, sleeping and sanitary facilities except for servant quarters which shall lack cooking facilities. The quarters must have a separate outside entrance or entrance off a common entryway.

Access Street, Character Of. Direct vehicular access to the development shall be provided by means of an abutting improved public or private street. Sole vehicular access shall not be by an alley.

Adjacent, Adjoining. Having a common border; contiguous properties including those across a public right-of-way but excepting limited access roads.

Adult Oriented Store. Any commercial establishment or retail store selling paraphernalia, devices or equipment distinguished or characterized by an emphasis on depicting or describing specific sexual conduct or used in connection with specified sexual conduct. [State Law Ref. § 1040.12]

Agricultural production. The process of growing or using plants and animals for production of commodities. This shall not include slaughter houses, animal rendering plants or hide production.

Alley. A paved public passage affording secondary means of vehicular access to abutting property and not intended for general traffic circulation.

Area of Shallow Flooding. A designated AO zone on the flood insurance rate map (FIRM). The base flood depths range from 1 to 3 feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.

Area of Special Flood Hazard. The land in the floodplain within the City subject to a 1 per cent or greater chance of flooding in any given year.

Bar. An establishment selling alcoholic beverages for consumption on the premises, other than a private club, when such beverage sales constitute more than 30 per cent of all food and beverage sales within any 3 month period.

Base Flood. The flood having a 1 per cent chance of being equaled or exceeded in any given year.

Base Flood Elevation. The water surface elevations above mean sea level of the 100-year frequency flood as determined by the flood insurance administration and designated on the official flood hazard maps for each flood hazard area.

Basement. A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than ½ of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Bed and Breakfast. A former single family dwelling occupied by the owner and offering transient guests overnight accommodations and a morning meal for compensation. Up to 6 guest rooms for registered guests, and having no cooking facilities are permitted.

Bed and Breakfast Inn. A private, owner occupied business offering transient guests overnight accommodations and a morning meal for compensation. Up to 20 guest rooms for registered guests, and having no cooking facilities are permitted.

Block. A parcel of land, intended for urban purposes which has definite boundaries formed by being surrounded by such features as public streets, highways, railroad rights-of-way, public walks, parks or greenstrips, rural land or drainage channels or combinations thereof.

Bond. A type of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Governing Body as a surety for performance of improvements or maintenance.

Boundary or Border Street. A boundary or border street is defined as any existing street which abuts on only one side of the parcel of land to be subdivided.

Building. Any structure intended for shelter, housing or enclosure of persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate structure.

Building Group. A group of 2 or more buildings to be constructed on a parcel of at least 2 acres not subdivided into the customary streets and lots, and which will not be so subdivided.

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 to the average height of the highest gable of a pitch or hip roof.

Building Line. A line across a lot establishing the minimum open space to be provided between the buildings and the street property line.

Cemetery. A public or for-profit burial grounds including mausoleums and columbarium structures. Conditional uses include a funeral home, mortuary, and crematorium.

Central Business District (CBD). Central Business District (CBD) means that portion of the commercially oriented downtown area which is identical to the Downtown Historic District overlay district boundary. The Central Business District is not a zoning district, but some regulations applying to the CBD are more restrictive than the (CD) District within which it lies, because of the Historic District Overlay Zone.

Certificate of Appropriateness. The official document issued by the Historic Preservation Board approving and/or concurring in any application for permit for erection, demolition, moving, sign, painting, reconstruction, restoration or alteration of any structure designated historic property.

Certificate of Economic Hardship. The official document issued by the Historic Preservation Board certifying that an economic hardship would occur if a Certificate of Appropriateness for a specific structure designated historic property was denied.

City. The City of Ardmore, Carter County, Oklahoma.

City Clerk. The City Clerk of the City of Ardmore, or his/her designated representative.

City Engineer. The City Engineer or his/her designated representative of the City of Ardmore.

Community Center, Public. A facility open to the public or to members of an organization for gatherings, meetings, recreation and other similar activities. A facility located within a residential development or complex which is used strictly by residents of that development and their guest is not included within this definition.

Comprehensive Plan. The comprehensive plan, or any of its parts, for the development of all or part of the territorial jurisdiction area, as adopted by the City of Ardmore as is now or may be hereafter in effect.

Conditional Use. A use permitted in 1 or more districts as defined by this ordinance, but which use, because of characteristics peculiar to it, or because of size, technological processes, or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same district or districts, and to assure that such uses shall not be inimical to the public interest.

Conditional Use Permit. The documented evidence or authority granted by the planning commission to locate a conditional use at a particular location.

County. County means Carter County, Oklahoma.

Coverage. The lot area covered by the building, including all overhanging roofs except where otherwise specifically designated.

Cul-de-sac. A short street having 1 end open to traffic and being permanently terminated with the plat by a vehicular turnaround.

Curb Cut. Authorization by the City Engineer to create an access to property from a public right-of-way, whether or not a physical curb exists at the location.

Day Care Center. The business of care, protection, and supervision of adults or children away from their primary residence for part or all of a day. This excludes public/private schools, facilities operated in connection with a place of employment, shopping center, or other principal use, where parents or guardians are on the premises or in the immediate vicinity. Preschools are classified as a day care use.

Dedication. To set apart a portion of the area of a subdivision to a specific use(s) or to the public or to a specific group.

Detention. The temporary retention of stormwater on-site with regulated outfall of water calculated to balance the runoff before and after development.

Developer. The person proposing to develop land, either as an owner of said land, or as an agent of the owner.

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.

District. Any section or sections of Ardmore for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.

Dwelling. Any building, or portion thereof, which is designed or used as living quarters for one or more families, but not including house trailers.

Driveway. A private access for vehicles to a parking space, garage, dwelling or other structure. A driveway approach is an area between the street and property to be accessed.

Dwelling, Accessory. Any accessory building containing living quarters but not including house trailers or mobile homes. See "Accessory Living Quarters."

Dwelling, Multifamily. A structure designed for occupancy by 3 or more families living independently of each other as separate housekeeping units, including apartments and condominiums, but not including trailer courts, hotels or resort-type hotels.

Dwelling, Single Family. A structure whether detached or attached, designed for occupancy by 1 family. A detached single family dwelling is 1 unit unconnected to any other residential unit on a single lot. An attached single family dwelling is more than 1 unit attached by a common wall, yet each unit is placed on its own separately-owned lot (a townhouse, for example).

Dwelling, Two Family. A structure constructed with 2 dwelling units on a single lot designed for occupancy by 2 families living independently of each other (a duplex).

Easement. A grant by the property owner for use by the public, a utility, a corporation, or other designated persons of a strip of land for specific purposes.

Electric Distribution Lines. Those lines (other than transmission lines and feeder lines) designed and used for distribution of electric services to customers in an area, excluding: pad mounted transformers, risers for connecting with feeder lines, service pedestals, meters, service connections and equipment mounted against walls of buildings being served.

Electric Facilities. Includes electric transmission lines, electric feeder lines, electric distribution lines and other facilities used for the transmission, distribution, transformation, regulation and control of electricity.

Electric Feeder Lines. Supporting structures, conductors and equipment for the purpose of feeding power from substations to load area distribution lines.

Electric Transmission Lines. Supporting structures, conductors and equipment for the purpose of transmitting electric power from generating plants to switching stations and substations or between said switching stations and substations.

Emergency. Any condition or circumstances in which the Building Inspector finds that the health, safety and general welfare of the public is being jeopardized or otherwise violated.

Engineer. A Registered Engineer licensed to practice in the State of Oklahoma.

Entertainment, Commercial Indoor. Includes games and arcades, movie theaters, concert hall, golf, archery, performing arts, bowling alleys, ice rinks, gyms, health clubs, lodges, dance halls, pool halls, but excluding adult motion picture theaters and burlesque.

Family. One or more persons related by blood or marriage, including adopted children, or a group of not to exceed 5 persons not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit as distinguished from a group occupying a hotel, club or similar dwelling for group use.

Family Day Care Home. Provision of nonresident child care, for compensation, in a home setting for less than 24 hours per day.

Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters; and/or

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood Fringe. That portion of the flood hazard district located outside the floodway.

Flood Fringe Displacement Alternative Improvements. The channel improvements in the floodway which are required to prevent increased flooding resulting from the reduced floodwater storage capacity in the flood fringe area due to filling or other flood proofing or development of the flood fringe area.

Flood Hazard Boundary Map (FHBM). Means an official map of the City, issued by the Federal Emergency Management Administration, showing the boundaries of the 100 year base flood.

Flood Hazard District or Area. All of the land within the jurisdiction which is subject to inundation by a flood having an average frequency of occurrence in the order of once in 100 years, although the flood may occur in any year. The "Flood Hazard District" includes both the floodway and the flood fringe.

Flood Insurance Rate Map (FIRM). The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City.

Flood Insurance Study. The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the flood boundary-floodway map and the water surface elevation of the base flood.

Floodplain. 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 100-year flood.

Floodplain Regulations. The codes, ordinances and other regulations relating to the use of land and construction within the channel and floodplain areas including, but not limited to, zoning ordinance, platting regulations, building codes, housing codes, setback requirements and open area regulations.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot.

Floor Area, Gross. The sum of the areas of all floors of a building, including basements, as measured from the exterior faces of the walls, but excepting uncovered porches and stairs, attics not used for occupancy, and areas in the building designed for parking of motor vehicles in order to meet the parking requirements of this appendix.

Floor Area, Net. The sum of the areas of all floors of a building, measured from the exterior faces of the walls, for calculating the required parking spaces; excluding non-flexible spaces such as stairs, restrooms, utility rooms, elevator shafts, and attics not used for occupancy, and which create no parking demand.

Freestanding Mobile Home or Travel Trailer. Any mobile home or travel trailer not located in a mobile home park or travel trailer park, respectively, licensed by the City of Ardmore or in an approved mobile home subdivision.

Frontage Road. A street, parallel to and adjacent to a major highway or thoroughfare which provides access to abutting properties.

Funeral Home. An establishment with facilities for the preparation of the dead for burial or cremation, viewing of the body, and funerals.

Garage, Private. An accessory building or part of a main building used for storage purposes only for not more than 4 automobiles, or for a number of automobiles which does not exceed 1½ times the number of families occupying the dwelling unit to which such garage is accessory, whichever number is the greater.

Garage, Public. Any garage other than a private garage, available to the public, used for the care, servicing, repair or equipping of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.

Garage Sale. The term "garage sale" shall mean any yard, estate or garage sale of which is held out to be or is commonly known as a garage, porch, room, backyard or patio sale or other type of general sale conducted from or on any premises not located in a zoning district which permits such sales, where goods or articles of any type are held out for sale to the public. This definition shall not include a situation where specific items are for sale and an advertisement of such sale specifically names the items to be sold.

Gasoline or Filling Station. Any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels, compressed natural gas, and automobile accessories, and which may or may not include facilities for lubricating, washing, cleaning or otherwise servicing automobiles, but not including the painting thereof.

Grade. Grade may have either of the following meanings:

a.

The top surface elevation of lawns, walks, drives or other improved surface after completion of construction or grading operation.

b.

The slope of a street, drainage facility, sanitary sewer, etc., expressed in terms of per cent.

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

Historic Structure. A structure that is: (1) listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

Home Occupation. Any occupation, profession, trade, or business carried on by the permanent inhabitants of the residential dwelling and which is clearly incidental and secondary to the use of the dwelling for residential purposes; which does not change the character or visual appearance of the outside of the building or premises; and which is conducted entirely within the primary dwelling. In addition, there shall be no trade or display of merchandise which is carried on inside or outside of the dwelling; no mechanical equipment used or activity conducted which creates any noise, dust, odor, electrical disturbance, vibration, or glare detectable to the normal senses off the lot on which said occupation is conducted.

Hospital. An institution providing health services, primarily for in-patients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, out-patient departments, training facilities, central service facilities and staff offices.

Hotel. A building or group of buildings under single ownership containing 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.

Household. A housekeeping unit consisting of one family.

Household Living. Residential occupancy of a dwelling unit by a household, including houses, duplexes, multi-dwelling structures, retirement center apartments, manufactured housing and other such structures with self-contained units.

HP District. A geographically definable area as designated by Ordinance of the City Commission which may contain one or more significant landmarks and which may have within its boundaries other property or structures that while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the district.

Junkyard, including Automobile Wrecking. A lot or part thereof used for the storage, keeping or abandonment of junk, including scrap metal, scrap vehicles, scrap machinery or parts thereof or stowing or towing in inoperative vehicles.

Kennel. Any lot or premises on which 4 or more dogs or 4 or more cats more than 6 months of age are kept.

Laboratory. A building or part of a building devoted to the testing and analysis of any product or animal (including humans). No manufacturing is conducted on the premises except for experimental or testing purposes.

Laboratory, dental or medical. A laboratory which provides bacteriological, biological, medical, prosthetics, X-ray, pathological and similar analytical or diagnostic services to doctors or dentists. No fabricating shall be conducted on the premises except the custom fabrication of dentures.

Landscaping. Plant material, including, but not limited to, grass, trees, shrubs, flowers, vines and other ground covers, native trees and shrubs, natural land forms, water forms, planters, other landscape features, such as decorative rock or bark, walks and plaza areas consisting of enhanced paving. The use of walks and plaza areas with enhanced paving shall not dominate the use of live plant materials. Artificial plant material shall not be considered landscaping. [Landscaping and trees in a street right-of-way are subject to Section 2-166 of the City Code.]

Lot. A portion of a subdivision intended as a unit for transfer of ownership or for construction or development.

a.

Corner Lot. A lot located at the intersection of two or more streets, having an interior angle of less than 135 degrees with a boundary line thereof bordering on two of the streets.

b.

Double Frontage Lot. A lot other than a corner lot abutting upon two or more streets.

c.

Interior Lot. A lot which has only one dimension or portion of a lot abutting on a street.

Lot, Legal.

a.

A lot that is shown on a subdivision plat that has been approved by the City and recorded in the office of the County Register of Deeds; or

b.

Any parcel of land created prior to August 1, 1998, the effective date of this UDC, that has been recorded in the office of the County Register of Deeds, provided that such lot meets all of the following standards:

i.

The lot complied with all applicable lot area standards in effect at the time of recording; and

ii.

The lot has access to a public street or a private street built to standards acceptable to the City Engineer; and

iii.

The lot is located such that no public dedication is required for utility easements or street rights-of-way based on the Street Classification Plan in the City's current Comprehensive Plan.

iv.

That prior to development of such lot, it shall be platted in accordance with Sec. 315.A.2.

Lot Area. The total area measured on a horizontal plane, included within lot lines.

Lot Coverage. That portion of a lot covered by buildings and impervious areas as related to open space and stormwater runoff. Open porches and balconies shall not be included in maximum lot coverage by buildings.

Lot Depth. The horizontal length of a straight line drawn from the midpoint of the lot front line and at right angles to such line to its intersection with a line parallel to the lot front line and passing through the midpoint of the lot rear line. In the case of a lot having a curved front line, the lot front line, for purposes of this ordinance, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the point of intersection of the lot sidelines of the lot with the lot front line.

Lot Frontage. That dimension of a lot or portion of a lot abutting on a street. A corner lot's narrow dimension of street frontage shall determine it as the front of the lot for setback purposes.

Lot Lines. The lines bounding a lot as defined herein.

Lot Split. The division of a previously platted lot into two lots fronting on an existing public street, where no off-site improvements are required, and the resulting lots are not in conflict with any provisions of the Comprehensive Plan, this UDC or other officially adopted policies or regulations of the City.

Lot Width. The distance generally parallel to the front lot line, measured between side lot lines at the building line.

Manufactured Housing. A dwelling unit constructed in accordance with federal manufactured housing construction and safety standards (HUD code) in effect after June 15, 1976.

Manufactured Housing, Residential-Design. Manufactured housing that meets the standards of the UDC.

Mobile Home. A transportable, factory-built structure that was manufactured prior to enactment of the federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401) and that is designed to be used as a single dwelling unit.

Mobile Home Park. A tract of land that has been planned and improved for the placement of mobile homes for non-transient use.

Mobile Home Space. That part of a mobile home park designed for the accommodation of one mobile home.

Modular Dwelling. 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.

Monuments. Permanent markers properly located as required in these regulations for the location and identification on the site of reference points in the subdivision, such as but not limited to: corners of the subdivision, corners of the blocks, radius points for street curvature, etc.

Motel. A group of attached or detached buildings containing individual sleeping units where a majority of such units open individually and directly to the outside and where a garage is attached to or a parking space is conveniently located to each unit all for the temporary use of automobile tourists.

Museum. A nonprofit, noncommercial establishment operated as a repository or a collection of nature, scientific or literary curiosities or objects of interest or works of art, not including the regular sale or distribution of the objects collected.

National Register of Historic Places. The national list of districts, sites, buildings, structures and objects significant in American history, architecture, archeology, engineering or culture, maintained by the Secretary of the Interior under authority of the National Historic Preservation Act, as amended.

New Construction. Structures for which the "start of construction" commenced on or after the effective date of this UDC.

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.

Offsite Improvements. Any utility, structure, street, drainage area or modification of topography located outside the property to be subdivided.

Ordinary Maintenance and Repairs (Historic Structures). Any work on which a building permit or any other city permit or certificate is not required and where the purpose is stabilization, and further, where such work is not inconsistent with the findings of the Board regarding a historic structure or the findings of the City Commission applicable to a historic district. Work not satisfying all of the above requirements shall not be considered ordinary maintenance and repair. The application of paint to previously unpainted brick or masonry, the construction or enlargement of a driveway or parking area, the replacement of exterior doors or windows, except for repairs of broken glass or screens or by use of like glass or screens, shall not be considered ordinary maintenance or repair.

Parking Lot. Any off street parking facility designed to accommodate 3 or more parking spaces.

Parking Lot, Independent. A parking lot not accessory to a specific use and where compensation is made to park there. It may provide accessory parking for a specific use.

Person. Any natural individual, firm, trust, partnership, association or corporation.

Planning Commission. The Planning Commission of the City of Ardmore, Oklahoma.

Plat. A map or chart indicating the subdivision or resubdivision of land, intended to be filed for record.

a.

Sketch Plat. A plat of a proposed subdivision indicating, in general, the area to be subdivided, the street layout, lots and blocks and the general nature of improvements.

b.

Preliminary Plat. A preliminary drawing which shows the proposed layout of a subdivision in sufficient detail to indicate unquestionably its workability in all aspects, but is not in final form for recording and the details of which are not completely computed.

c.

Final Plat. A map of land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications and acceptances, and with complete bearings, angles, and dimensions of all lines defining blocks, lots, rights-of-way, easements, public areas, and other dimensions of land as required in these regulations.

Preservation. The act or process of applying measures to sustain the existing form, integrity and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.

Principal Building. A building in which is conducted the principal use of the lot on which it is situated.

Private Club. Any association, person, firm, partnership or corporation, key club, bottle club, locker club, pool club, or any other kind of club or association excluding the general public from its premises or place of meeting or congregating or operating or exercising control over any other place where persons are permitted to drink alcoholic beverages other than in private homes.

Public Water System or Public Sewer System. Any such system built and owned by, or dedicated to and accepted by the City of Ardmore; all other such systems are private.

Residential. See Sec. 1103.D. text for definitions.

Right-of-Way. A parcel of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water line, sanitary sewer, drainage channel, storm sewer facility, or for other special use. The use of the term right-of-way for land platting purposes in connection with these regulations shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots and parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for any use involving maintenance by a public agency shall be dedicated to public use by the subdivider on which such right-of-way is established. The width of rights-of-way shall be measured as the shortest distance between the abutting property lines.

Roofline. The juncture of the roof and the perimeter wall of the structure.

Safety Service. Public safety and emergency response services, including accessory offices and parking, including police, fire, medical and ambulance facilities.

Shelter, Temporary. A building or group of buildings providing shelter for individuals, families, children, or the like, containing one or more sleeping rooms with or without meals, intended to provide temporary shelter not to exceed 6 months in time, and which may offer related counseling services.

Sign. Any object, device, display or structure or part thereof situated outdoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, motion, illuminations or projected images. For the purposes of this UDC, the term sign shall include all structural members. A sign shall be construed to be a display surface or device containing organized and related elements composed to form a single unit. In cases where items are displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered to be a single sign.

• Construction Sign: A sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

• Freestanding Sign: A sign self-supported by posts or other supports independent of any building or other structure and anchored in or upon the ground.

• Hanging Sign: A sign suspended from the ceiling of an arcade, marquee, canopy or other architectural projection.

• Monument Sign: A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles; where the base of the sign structure is on the ground or a maximum of 12 inches above the adjacent grade. The width of the top of the sign structure can be no more than 120 percent of the width of the base.

• On-Premises Sign: A sign that pertains to a business or product conducted/sold on-site. Signs not meeting this definition are off-site signs.

• Portable Sign: Any sign that is not permanently affixed to a building, structure or the ground. A sign designed to be moved from place to place. These signs primarily include but are not limited to signs attached to wood or metal frames designed to be self-supporting and movable, and chassis mounted signs.

• Projecting Sign: A sign attached to a building or extending horizontally from the surface of the building to which the sign is attached and where the face of the sign is not in a plane parallel to the wall to which it is attached.

• Real Estate Sign: A sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is erected or displayed.

• Roof Sign: A sign painted on the roof of a building, supported by poles, uprights or braces extending from the roof of a building or projecting above the roofline of a building except as defined as a wall sign within this UDC.

• Temporary Sign: A sign not intended or designed for permanent display, including but not limited to, balloons, banners, pennants constructed of cloth, canvas, fabric or other light materials together with any supporting structure.

• Wall Sign: A sign, including canopies, attached flat to any wall of a building, where the exposed face of the sign is in a plane parallel to the plane of said wall and extends not more than 8 inches horizontally from the face of said wall. A sign erected upon or against the side of a roof having an angle of 30 degrees or less from the vertical shall be considered to be a wall sign and shall be regulated as such. A sign painted directly on the exterior surface of the building shall also be considered a wall sign. A canopy that lacks any advertising and which is not used as an advertising medium shall not be classified as a sign.

Sign Area. That area enclosed by one continuous line connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any one point. This area does not include the main supporting sign structure; but all other ornamental attachments, inner connecting links, etc., which are not a part of the main supports of the sign are to be included in determining sign area. On a two-sided sign, only one face is counted in computing the sign area.

Sign Structure. A structure constructed for the purpose of displaying or supporting a sign.

Staff. The employees of the City of Ardmore, Oklahoma, administering the Code.

Start of Construction. (1) The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. (2) Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. (3) For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. (4) For mobile homes, "start of construction" means the affixing of the mobile home to its permanent site. (5) For mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads and installation of utilities) is completed.

State Register of Historic Places. The State of Oklahoma list of districts, sites, buildings, structures, and objects, significant in state history, architecture, archaeology, engineering, and culture maintained by the state Historic Preservation Officer under the Authority of 53 O.S., in 1984 Supplement, Sections 351—355.

Story. That portion of a building, other than a basement, 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.

Story, Half. A space under a sloping roof which as the line of intersection of roof decking and wall face not more than 3 feet above the top floor level, and in which space not more than ⅔ of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story.

Street. Any public or private right-of-way which affords the primary means of access to abutting property.

a.

Principal Arterials. Streets that carry the major portion of trips entering or leaving the urban and that carry the most significant amount of intra-area travel, usually for major commercial and industrial use. This system is stratified as (1) Interstate, (2) Other freeways and expressways, and (3) Other principal arterials (with no control of access). The basic concept of these streets is to provide travel service to major traffic generators.

b.

Minor Arterials. Streets that carry a significant amount of intra-area travel placing a greater emphasis on land access but which do not penetrate neighborhoods.

c.

Collectors. Streets that provide land access services and traffic-circulation within residential neighborhoods, commercial and industrial areas and that collect traffic from local streets channeling it into the arterial system.

d.

Local Streets. All streets not on one of the higher systems, providing direct access to abutting land and access to higher level systems.

e.

Cul-De-Sac. A local street with only one outlet and having a terminal for the safe and convenient reversal of all appropriate traffic including the full range of emergency and service vehicles.

Street, Intersecting. Any street which joins another street at an angle, whether or not it crosses the other.

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, the use of which requires location on the ground or attached to something having a location on the ground.

Subdivider. Any person, individual, firm, partnership, association, corporation, estate, or trust, or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein defined, and which includes any agent of the subdivider.

Subdivision. A subdivision shall include all divisions of a tract or parcel of land into 2 or more lots, building sites or other division for the purpose, whether immediate or future, of sale or building development and shall include all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition nor be subject to the subdivision rules and regulations of this municipality.

a.

The use, combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resulting subdivision meets or exceeds the requirements of this Subdivision Code and all other applicable ordinances of the City of Ardmore, Oklahoma.

b.

The public acquisition by purchase or dedication of parcels of land for the widening or opening of streets or other public improvements.

Substantial Improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 per cent of the market value of the structure either:

a.

Before the improvement or repair is started; or

b.

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 of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

a.

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

b.

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Tattooing and or Body Piercing: The practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment, excepting medical micro pigmentation performed pursuant to the Medical Micro pigmentation Act. Body piercing is the procedure in which an opening is created in the human body for the sole purpose of inserting jewelry or other decoration, excepting ear piercing.

Temporary Use. Any residential, commercial, industrial, agricultural or public use established, operated or maintained for less than 180 days within a 1 year time period. Temporary uses will be permitted for a maximum period of 15 days. Upon expiration of a temporary use permit, another permit for the same premises may not be obtained for a period of at least 30 days.

Territorial Jurisdiction. All land lying within the corporate limits of the City of Ardmore.

Townhouse. One of a series of from 3 to 10 attached dwelling units, separated from one another by continuous vertical party walls without openings from basement floor to roof.

Use. Any purpose for which a lot or tract of land, building or other structure may be designated, maintained or occupied.

Use, Conditional. A use or occupancy of land or a structure that is permitted upon compliance with limitations and conditions specified by the City Commission.

Use, Nonconforming. A use that no longer conforms to the ordinance standards or requirements; this may be a lot, tract of land, building, structure or use thereof.

Use, Permitted. A use allowed in a district without special administrative approval, upon satisfaction of the requirements of the UDC Ordinance.

Use, Principal. The primary use of a lot, tract of land or structure.

Utilities. The distribution system for water, gas, electric, telephone, cable and antenna systems as well as the collection system for sanitary sewer.

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 ordinance 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.

a.

Front Yard. A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the main building or any projection thereof, other than steps.

b.

Rear Yard. A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches.

c.

Side Yard. A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps.

Yard Sale. See "Garage Sale."

(Ord. No. 2671, 1-16-01; Ord. No. 2677, 3-19-01; Ord. No. 2723, 8-19-02; Ord. No. 2757, 12-15-03; Ord. No. 2763, § IV, 4-19-04; Ord. No. 2782, 4-4-05; Ord. No. 2802, 10-17-05; Ord. No. 2829, 9-18-06)