The following words and phrases used in this title shall have the following meaning unless a different meaning clearly appears from the context:

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 DWELLING UNIT (ADU): See definition of dwelling unit, accessory (ADU).

ACCESSORY USES OR STRUCTURES: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

AGRICULTURAL EVENT CENTER: A facility located on Agriculturally zoned land that provides for any type of social gathering and consisting of multipurpose meeting and/or recreational facilities, typically consisting of one or more meeting or multipurpose rooms and a kitchen and/or outdoor barbecue facilities, that are available for use by various private groups for such activities as meetings, parties, weddings, receptions, and dances.

AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. The operation of commercial feed pens, sale yards and auction yards for cattle or hogs shall be deemed an industrial and not an agricultural use.

ALL WEATHER MATERIAL: A material capable, during ordinary use, of withstanding without substantial deterioration, normal weather conditions.

ALLEY: A minor right-of-way which affords a secondary means of access to the back or side of properties otherwise abutting a street, not intended for general traffic circulation, and which may be used for public utility purposes.

ANTENNA: A transmitting and/or receiving device used in telecommunications that radiates or captures a signal. As used in this title, references to antenna shall also include antenna supporting structures.

ANTENNA, ACCESSORY USE: One which is customarily incidental, appropriate and subordinate to the principal use of land and which is located upon the same lot or parcel.

ANTENNA, PRINCIPAL USE: One which constitutes an independent use of a lot or parcel which is not accessory to another use. A lot or parcel may have more than one principal use.

ANTENNA SUPPORTING STRUCTURE: A telecommunications facility that consists of a stand alone support structure which has as its principal or accessory use the support of antenna(s) and associated equipment and improvements, to include, but not necessarily be limited to, communications towers.

APARTMENT HOUSE: A multiple-family dwelling (see definition of dwelling, multiple-family).

ARTERIAL: A street designated on the major street plan as a primary arterial or secondary arterial.

ASSISTED LIVING CENTER: A residential facility designed to meet housing and care needs of older persons and individuals with disabilities in a residential rather than institutional environment, while maximizing independence, choice, and privacy. Assisted living programs provide personal care for persons with needs for assistance in the activities of daily living, and can respond to unscheduled needs for assistance. Services typically provided include: meals, housekeeping, laundry and linen service, medication monitoring, transportation, and activities. Assisted living settings also typically provide features that enhance resident autonomy, such as lockable doors, full bathrooms, temperature control, and single occupancy, and may provide limited cooking facilities in individual units. Assisted living centers exclude nursing homes and other special housing facilities as elsewhere defined.

AUTOMOBILE: A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including, but not limited to, the following: passenger cars, trucks, buses, motor scooters and motorcycles.

AUTOMOBILE SERVICE STATION: Any area of land, including structures thereon, that is used for the sale of gasoline or oil fuels, but not butane or propane fuels, or other automobile accessories, and which may or may not include facilities for lubricating, washing, cleaning or otherwise servicing automobiles, but not including the painting thereof.

AUTOMOBILE WASH OR LAUNDRY: A structure designed primarily for washing automobiles using production line methods with a chain conveyor, blower, steam cleaner, high pressure spray or other mechanical device.

AUTOMOBILE WRECKING OR SALVAGE YARD: An area outside of a building where motor vehicles are disassembled, dismantled, junked or "wrecked", or where motor vehicles are not in operable condition, or used parts of motor vehicles are stored.

BOARD OF ADJUSTMENT: The board of adjustment of the city of Bixby, Oklahoma.

BOARDING HOUSE: A dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more but not exceeding twelve (12) persons.

BREWERY: An establishment that manufactures for human consumption by the use of raw materials or other ingredients any beer upon which a license fee and a tax are imposed by any law of this state.

BREWPUB: An establishment having as its principal or predominant use the serving of beer, which is produced on the premises, for consumption on the premises. Foods may or may not be served, but are not the principal or dominant use of the establishment.

BUILDING: A structure which is permanently affixed to the land, and has one or more floors and a roof, and is bounded by either another building with a common party wall, open air or the lot lines of a lot.

BUILDING COVERAGE: See definition of lot coverage.

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

BUILDING, MAIN: A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which it is situated.

BUILDING SETBACK: The horizontal distance, from the point of measurement, such as the centerline of an abutting street or the boundary line of an abutting zoning district to the nearest building wall.

BUILDING SITE: A single parcel of land occupied or intended to be occupied by a building or structure.

CALIPER: The diameter of the tree trunk measured at six inches (6") above ground level for a tree trunk having a diameter of four inches (4") or less and the diameter of the tree trunk measured at twelve inches (12") above ground level for a tree trunk exceeding four inches (4").

CARE HOME: Premises used for the housing and caring for the aged or infirm, and includes convalescent homes, homes for the aged and nursing homes.

CARPORT: A permanent roofed structure permanently open on at least two (2) sides, designed for or occupied by private passenger vehicles.

CHILDCARE CENTER: Any place, home or institution which receives three (3) or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree of the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes, or engaged in church activities.

CITY COUNCIL: The city council of the city of Bixby.

CLINIC, DENTAL OR MEDICAL: A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions, including, but not limited to, dental and doctors' offices.

COLLOCATION: The placement of the communications antennas of two (2) or more service providers upon a single tower or other antenna supporting structure.

COMMERCIAL EVENT CENTER: A facility located on private property located in a Commercial Zone District that primarily functions to provide a facility for any type of social gathering and consisting of multipurpose meeting and/or recreational facilities, typically consisting of one or more meeting or multipurpose rooms and a kitchen and/or outdoor barbecue facilities, that are available for use by various private groups for such activities as meetings, parties, weddings, receptions, and dances.

COMMERCIAL MARIJUANA GROWER: A State licensed entity that grows marijuana for sale to a licensed retailer, or licensed processor. Sales considered as wholesale sales and not subject to taxation. No sales directly to a medical marijuana license holder.

COMMERCIAL SIGN: A "commercial sign" is one whose message concerns goods or services offered for consideration by a person engaged in a profit-oriented business.

COMMUNITY CENTER: A facility, which may be located on public or private property that functions primarily to provide a community-centered meeting hall for members of the public to carry out local community-oriented activities and public and civic functions. Examples of such facilities include community sponsored meeting halls, and veterans halls, typically consisting of one or more meeting or multipurpose rooms and a kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as public assemblies, meetings, private meetings, parties, weddings, receptions, and dances.

COMMUNITY GROUP HOME: A community based residential facility for independent living that provides room and board, personal care and rehabilitation services in a family environment as a single housekeeping unit for six (6) to twelve (12) resident mentally retarded and/or physically limited persons with at least one, but not more than three (3) resident staff persons. Personal care and habilitation services excludes on site institutional type educational training, medical or nursing care.

COMPREHENSIVE PLAN: The official plan for the physical development of Bixby.

COPY AREA: The net geometric area enclosed by the smallest rectangles encompassing the outer extremities of all letters, figures, characters and delineations contained in the sign.

CURB LEVEL: The mean elevation of the established curb at the frontage of a lot. Where no curb has been established, the city engineer shall establish such curb level or its equivalent for the purposes of this title.

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, prerelease center, correctional community center, jail or prison.

DEVELOPMENT: Any manmade 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".

DISTRICT, ZONING: Any section or sections of the city of Bixby for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.

DRINKING ESTABLISHMENT: An establishment, other than a restaurant, where the main use is to serve alcoholic beverages for on premises consumption, and that limits patronage to adults of legal age for the consumption of alcohol; and in which limited food service may be accessory to the service of alcoholic beverages. Drinking establishments may include taverns, bars, pubs, nightclubs, or cocktail lounges associated with restaurants or hotels.

DRIP LINE: The periphery of the area underneath a tree which would be encompassed by perpendicular lines extending from the exterior edges of the crown of the tree.

DRY CLEANING OR LAUNDRY, SELF-SERVICE: Any attended or unattended place, building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from, or dry cleaning wearing apparel, cloth, fabrics and textiles of any kind by means of a mechanical appliance which is operated primarily by the customer.

DWELLING: A building or structure used in while or in part for human inhabitation, but not including recreational vehicles or travel trailers.

DWELLING, DUPLEX: A building containing two (2) dwelling units, designed for occupancy by not more than two (2) families.

DWELLING, MANUFACTURED HOME: A manufactured dwelling, as defined by the federal government, other than a recreational vehicle which is either:

A.

Fully assembled into one unit or one expandable/telescoping unit of more than eight feet (8') in width and forty feet (40') or more in length and is fully habitable upon arrival at a site except for minor and incidental installation activities and utility connections and is installed on either temporary or permanent foundations; or

B.

A dwelling manufactured in two (2) or more units but either fails to utilize customary siding materials or retains chassis or other equipment related to being towed or is not placed on a permanent foundation; or

C.

Any combination of subsection A or B of this definition which does not meet building code requirements for conventional site built single-family homes but does meet the Federal Manufactured Housing Construction and Safety Standards Act, as revised April 1, 1995, and bears a HUD label.

DWELLING, MOBILE HOME: A detached dwelling unit designed for transportation, after fabrication, on streets or highways on its own wheels or on a flatbed or other trailer, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, located on jacks or other temporary or permanent foundation, connection to utilities, and similar installation activities.

DWELLING, MODULAR: See definition of dwelling, single-family detached.

DWELLING, MULTIPLE-FAMILY: A dwelling designed for occupancy by three (3) or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort type hotels.

DWELLING, SINGLE-FAMILY: A building, other than a mobile home, containing one dwelling unit designed for occupancy by not more than one family.

DWELLING, SINGLE-FAMILY DETACHED:

A.

Site Built: A building, other than a manufactured home, containing one dwelling unit designed for occupancy by not more than one family, which built to the building code standards as adopted by the city of Bixby, Oklahoma, for conventional site built housing.

B.

Modular: A single-family manufactured dwelling partially preassembled into two (2) or more sections, none of which are habitable individually, and which are to be permanently joined together. The dwelling shall utilize customary construction, residential siding and roofing materials and be built to the building code standards as adopted by the city of Bixby, Oklahoma, for conventional site built housing. Certification of construction to said building code standards shall be provided by the stamp or seal of a professional engineer or architect licensed to practice in the state of Oklahoma.

DWELLING, TOWNHOUSE: A building containing three (3) 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.

DWELLING UNIT, ACCESSORY (ADU): A subordinate residential unit incorporated within, attached to, or detached from a single-family residential unit and having its own sleeping, cooking, and sanitation facilities. Such subordinate unit shall not be subdivided or otherwise segregated in ownership from the principal residential unit. Such unit shall not be occupied by more than three (3) persons. See section 11-8-5 of this title.

ELDERLY/RETIREMENT HOUSING: A residential complex containing multi-family 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 distinguished from "life care retirement centers", as defined in this section.

EMERGENCY AND PROTECTIVE SHELTER: A residential facility which provides room and board for a temporary (thirty (30) days or less) period, protection, counseling, and preplacement screening for abused, displaced or transient children or adults.

EVENT: A gathering of more than twenty (20) people for one to twelve (12) hours where the purpose is for fundraising, donation, profit or is political, public, social, or educational in nature. (Administered through the event application process.)

Mega Event: A social gathering held on agriculturally zoned land for the purpose of fundraising, profit or is political, public, social, or educational in nature; which may or may not include multipurpose meeting and/or recreational facilities, may or may not have one or more meeting or multipurpose rooms, a kitchen and/or outdoor barbecue facilities, and may or may not have permanent restrooms that are planned for use by various private groups of three hundred (300) or more persons for such activities as meetings, parties, weddings, receptions, and dances. (Administered through the event application process and approved by city council requiring a public hearing sixty (60) days prior to event date.)

Not An Event: A gathering which consists of friends or family of an event center owner or public or private property that is not for the purpose of fundraising, profit, or is political, public, or educational in nature and no donation or compensation of any kind is exchanged in relationship to the gathering, is not considered an event.

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 (5) 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 defined in this section.

FAMILY DAYCARE HOME: A dwelling used to house and provide supervision and care for five (5) children, said total to include those preschool children under five (5) years of age who reside in the residence.

FLOOD FREQUENCY: See definition of 100-year frequency flood.

FLOODPLAIN: The land area adjoining a watercourse or drainway which would be inundated by the floodwater of the 100-year frequency flood, as predicted by the city engineer, or as predicted by the U.S. Corps of Engineers and confirmed by the city engineer.

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 (2) buildings; provided, that for the purpose of determining compliance with the permitted floor area, the floor area of enclosed required off street parking areas shall not be included.

FLOOR AREA RATIO: A mathematical expression determined by dividing the floor area of a building by the area of the lot on which it is located, as:

Floor area ÷ Lot area = Floor area ratio

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 (5) 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 (2) or younger. If no children are under two (2) years, the maximum number of children residing in the home is six (6).

FRONTAGE: The linear measurement of a lot boundary which abuts a street or the linear measurement of the building setback line when the boundary of the lot abuts a curved nonarterial street or cul-de-sac.

GARAGE APARTMENT: A dwelling unit for one family erected above or attached to a private garage.

GARAGE, PARKING: Any building, or portion thereof, used for the storage of four (4) or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.

GARAGE, PRIVATE: An accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests of the building to which it is accessory.

GARAGE, REPAIR: A building in which are provided facilities for the care, servicing, repair, or equipping of automobiles.

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 at the building wall to the highest horizontal point of the structure, provided that height exceptions listed under the zoning code shall apply.

HEIGHT, SIGN: The vertical distance 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.

HOMEOWNERS' ASSOCIATION: Refer to 60 Oklahoma Statutes.

HOTEL: A building or group of buildings under one ownership containing six (6) or more sleeping rooms occupied, intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including an auto or trailer court or camp, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.

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

LAND AREA: The area of a lot plus one-half (½) or thirty feet (30'), whichever is less, of the right-of-way of any abutting street to which the lot has access.

LANDSCAPED AREA: The unpaved area within a lot which contains grass, shrubs, flowers, ground cover, trees or native plant materials and which may include decorative fixtures such as rock, pools and planters.

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 ten feet (10') in width and thirty feet (30') in length and having a vertical clearance of at least fourteen feet (14'), designed and located on a lot for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

LOT: Any plot of land occupied or intended to be occupied by one building or a group of buildings, and accessory buildings and uses, including such open spaces as required by this title and other laws or ordinances, and having its principal frontage on a street. Also, a lot of record.

LOT AREA: The total horizontal area included within lot lines.

LOT, CORNER: A lot which has at least two (2) adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty-five degrees (135°).

LOT COVERAGE: The percentage of the lot area covered by the building, which area shall include all overhanging roofs.

LOT DEPTH: The average distance from the right-of-way line of the lot to its rear line, measured in the general direction of the side lines of the lot.

LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.

LOT, INTERIOR: A lot other than a corner lot.

LOT LINE: Any boundary of a lot.

LOT LINE, FRONT: The boundary of a lot which abuts a 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 the most distant from and most nearly parallel to the front lot line.

LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of the county in which the lot is located or a parcel of land, the deed of which is recorded in the office of the county clerk of the county in which the parcel is located.

LOT WIDTH: The average horizontal distance between the side lot lines.

MACHINE SHOP: A lower intensity industrial/manufacturing establishment primarily engaged in machining metal and plastic parts and parts of other composite materials on a job or order basis. Generally machine shop jobs are low volume using machine tools, such as lathes (including computer numerically controlled); automatic screw machines; and machines for boring, grinding, and milling. (NAICS code 332710 2007)

MAJOR STREET PLAN: The city of Bixby major street and highway plan, as adopted by the city council, or as may hereafter be amended by ordinance.

MANUFACTURED HOME: See definition of dwelling, manufactured home.

MANUFACTURED HOME PARK: A parcel of land or property which is used or intended to be used or rented for occupancy by two (2) or more manufactured homes.

MANUFACTURED HOME SPACE: A plot of ground within a manufactured home park designed for the accommodation of one manufactured home.

MANUFACTURED HOME SUBDIVISION: A parcel of land which has been subdivided to permit individual ownership of manufactured home lots.

MEDICAL MARIJUANA COMMERCIAL GROWER: A State licensed entity allowed to cultivate, prepare and package medical marijuana and transfer or contract for transfer medical marijuana to a medical marijuana dispensary, medical marijuana processor, any other medical marijuana commercial grower, medical marijuana research facility, medical marijuana education facility and pesticide manufacturers. A commercial grower may sell seeds, flower or clones to commercial growers pursuant the HB 2612.

MEDICAL MARIJUANA DISPENSARY: An entity that has been licensed by the Oklahoma State Department of Health pursuant to HB 2612 to purchase medical marijuana or medical marijuana products from a licensed medical marijuana commercial grower or medical marijuana processor, sell medical marijuana or medical marijuana products to patients and caregivers as defined in HB 2612 or sell or transfer products to another dispensary.

MEDICAL MARIJUANA EDUCATION FACILITY: A person or entity approved pursuant HB 2612 to operate a facility providing training and education to individuals involving the cultivation, growing, harvesting, curing, preparing, packaging or testing of medical marijuana, or the production, manufacture, extraction, processing, packaging or creation of medical-marijuana-infused products or medical marijuana products as described in HB 2612.

MEDICAL MARIJUANA PROCESSING FACILITY: A licensed processor that takes marijuana plants and distills or processes the plants into concentrates, edibles, and other forms for consumption.

MEDICAL MARIJUANA PROCESSOR: A person or entity licensed pursuant to HB 2612 to operate a business including the production, manufacture, extraction, processing, packaging or creation of concentrate, medical-marijuana-infused products or medical marijuana products as described in HB 2612.

MEDICAL MARIJUANA RESEARCH FACILITY: A person or entity approved pursuant to HB 2612 to conduct medical marijuana research. A medical marijuana research facility is not a medical marijuana business.

MEDICAL MARIJUANA TESTING LABORATORY: A public or private laboratory licensed pursuant to HB 2612 to conduct testing and research on medical marijuana and medical marijuana products.

MINISTORAGE: A building containing small partitioned storage spaces, which are separately and individually rented or leased, for the storage of personal goods or merchandise, but excluding commercial warehousing as described in use unit 23.

MOBILE HOME: See definition of dwelling, manufactured home.

MOBILE HOME PARK: See definition of manufactured home park.

MODULAR HOME: See definition of dwelling, single-family detached.

n/a: Not applicable.

NEC: Not elsewhere classified.

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

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 (5) resident mentally retarded and/or physically limited persons with at least one, but not more than two (2) resident staff persons. Personal care and habilitation services exclude on site institutional type educational training, medical or nursing care.

NONCOMMERCIAL SIGN: A "noncommercial sign" is any sign that is not commercial. Noncommercial signs include: (1) Advertising displays erected by non-profit organizations for fundraising and related purposes; and (2) Signs containing political, civic, public service, or religious messages.

NONCONFORMANCE: A lawful condition of a structure or land which does not conform to the regulations of the district in which it is situated. This may include, but is not limited to, failure to conform to use, height, area, coverage or off street parking requirements.

NONCONFORMING USE: A structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.

NURSING HOME: A residential healthcare 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.

PARKING SPACE: A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile.

PLANNED UNIT DEVELOPMENT: Refer to definition at 11 Oklahoma Statutes section 43-110.

PLANNING COMMISSION: The planning commission of the city of Bixby.

PREMANUFACTURED HOUSING: See definition of dwelling, manufactured home.

PRIVATE CLUB: As defined in section 3-2E-1 of this code.

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.

RECREATIONAL VEHICLE PARK: A parcel of land on which two (2) or more recreational vehicles, travel trailers, or campers are parked or any zoning lot on which space for the parking of recreational vehicles, travel trailers, or campers is rented or offered. The term does not include premises on which unoccupied recreational vehicles, travel trailers, or campers, whether new or used, are parked for the purposes of inspection, sale, storage, or repair.

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.

REST HOME: A health facility where persons are housed and furnished with meals and continuous nursing care, for compensation.

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.

SANATORIUM: An institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.

SECRETARY: The administrative staff of the board of adjustment of Bixby, Oklahoma, also known as the city planner.

SETBACK: A horizontal distance determining the location of a building with respect to a street, use district boundary line or another use. Where the term "setback" is used in conjunction with a modifying word or words such as "parking area", the setback shall, in its application include, but not be limited to, buildings.

SIGN: Any object, device, structure or part thereof used to advertise, identify, display or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, characters, symbols, marks, poster pointers, marquee advertisements, designs, pictures, stripes, trademarks, reading matters, fixtures, colors, or illumination or projected images.

Signs as defined herein do not include the flag or emblem of any nation, organization of nations, state, city or any fraternal, religious or civic organizations; one corporate flag; works of art which in no way identify a product; temporary holiday decorations; or landscape features which display no words or symbols.

SIGN, ADVERTISING: See definition of Sign, Outdoor Advertising.

SIGN, BANNER: See definition of Sign, Portable.

SIGN, BULLETIN BOARD: A changeable message board used to announce on site activities.

SIGN, BUSINESS: A sign which directs attention to a business, commodity, service or entertainment conducted on the premises.

SIGN, CANOPY: A sign wholly supported by a canopy projecting from a building or an extended roof or 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 or improvements on the property.

SIGN, GARAGE SALE: See definition of Sign, Yard Sale.

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, IDENTIFICATION: A sign, which states only the name of a residential development, manufactured home park, multi-family development or nonresidential development.

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: Any sign not permanently attached to the ground or to a building or building surface, including signs that are designed to be mobile and moved from one location to another. Portable signs are considered temporary signs.

SIGN, PROJECTING: A sign which is affixed to a building wall and which extends horizontally more than twelve inches (12") from said wall. It also means a sign which is affixed to a canopy, awning or marquee and which extends horizontally more than twelve inches (12") from said canopy, awning or marquee.

SIGN, PROMOTIONAL BUSINESS: A sign, temporary in nature, consisting of tinsel, advertising flags, searchlights, balloons, tethered balloons or banners.

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 building wall or parapet wall.

SIGN, SNIPE: A temporary sign that is made of any material, attached to a utility pole, tree, fence post, stake, stick, mailbox or any similar object, whether in the right-of-way or not. Snipe signs are portable signs.

SIGN, TEMPORARY: See definition of Sign, Portable.

SIGN, WALL: A sign affixed to a building wall, canopy, awning, marquee or parapet wall, or a sign displayed in or on a window or door which does not extend horizontally more than fifteen inches (15") from the wall, canopy, awning, marquee, parapet wall, window or door, nor extend above the parapet wall. The size of a wall sign located on a multi-tenant building will be determined by the linear footage of street frontage of any individual store or business.

SIGN, WINDOW: Any sign painted, attached, glued, or otherwise affixed to a window or door for the purpose of being visible from the exterior of the building.

SIGN, YARD SALE: A temporary sign used to advertise a yard sale or garage sale.

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.

STABLE, PRIVATE: A stable which does not accept compensation.

STABLE, PUBLIC: A stable which accepts compensation.

STORY: A room or set of rooms on one floor level of a building.

STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet (3') above the top floor level, and in which space not more than two-thirds (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 thoroughfare which affords the principal means of access to abutting property.

STREET CENTERLINE: For the purposes of bulk and area calculations, the centerline of the street is defined as the centerline of the planned right-of-way.

STREET, INTERSECTING: Any street which joins another street at an angle, whether or not it crosses the other.

STREET WALL: The wall or part of the building nearest to the street line.

STREET YARD: The minimum required yard (residential) abutting a street or the area of a lot contained between the minimum required building setback line (nonresidential) and an abutting street.

STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

STRUCTURE: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, and includes buildings, walks, fences and signs.

SUBDIVISION REGULATIONS: The Bixby Subdivision Regulations.

SUBSTANTIAL IMPROVEMENT:

A.

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (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.

B.

For the purposes of this definition, "substantial improvement" is considered to occur when first alteration affects the external dimensions of the structure.

C.

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 zoning district. The overlay modifies or supplements the regulations of the underlying zoning district in recognition of distinguishing circumstances such as historic preservation or unit development. The overlay must also maintain the character and purposes of the general zoning district over which it is superimposed. A planned unit development (PUD) is an example of a supplemental or overlay zoning district.

TOP PLATE: The horizontal timber directly carrying the trusses of a roof or the rafters.

TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term also includes the structure support.

TOWNHOUSE: A row of at least four (4) attached dwelling units separated by a party wall and designed for separate ownership of the individual dwelling units.

TOWNHOUSE DEVELOPMENT: A row of at least three (3) 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 (6) or more units, a row of two (2) attached dwelling units may be constructed thereon.

TRAILER COURT: See definition of manufactured home park.

TRAILER, HAULING: A vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.

TRAILER HOME: See definition of dwelling, manufactured home.

TRAILER, TRAVEL OR CAMPING: See definition of recreational vehicle (RV).

TRANSITIONAL LIVING CENTER: A community based residential facility that provides short term (one hundred twenty (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.

TREE: A woody plant having one or more defined stems or trunks and having a defined crown and customarily attaining a mature height of eight feet (8') or greater.

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.

WIND ENERGY CONVERSION SYSTEM: A machine with a maximum output capacity of one hundred (100) kWh that converts the kinetic energy in the wind into a usable form of electrical or mechanical energy (commonly known as wind turbine, wind generator, WECS or windmill). The WECS includes all parts of the system except the tower and the transmission equipment.

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.

YARD, REAR: A yard extending along the full length of the rear lot lines.

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

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

(Ord. 272, 4-2-1974; amd. Ord. 288, 2-4-1975; Ord. 478, 1-17-1983; Ord. 540, 6-10-1986; Ord. 727, 10-9-1995; Ord. 731, 1-22-1996; Ord. 753, 5-7-1997; Ord. 874, 10-13-2003; 2006 Code; Ord. 2031, 12-21-2009; Ord. 2274, 4-22-2019; Ord. 2282, 6-10-2019; Ord. 2286, 8-12-2019; Ord. 2303, 3-23-2020)