The following rules shall apply for construing or interpreting the terms and provisions of this Ordinance.

A.

Meanings and intent. All provisions, terms, phrases, and expressions contained in this Ordinance shall be construed according to the general purposes set forth in Section 1.3 and the specific purpose statements set forth throughout this Ordinance. When, in a specific section of this Ordinance, a different meaning is given for a term defined for general purposes in this chapter, the specific section's meaning and application of the term shall control.

B.

Headings, illustrations, and text. In the event of a conflict or inconsistency between the text of this Ordinance and any heading, caption, figure, illustration, table, or map, the text shall control.

C.

Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.

D.

Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the city, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the city. References to days are calendar days.

E.

References to other regulations/publications. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.

F.

Delegation of authority. Any act authorized by this Ordinance to be carried out by a specific official of the city may be carried out by a designee of such official.

G.

Technical and nontechnical terms. Words and phrases shall be construed according to the common usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

H.

Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of the City of Broken Arrow unless otherwise indicated.

I.

Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.

J.

Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

"And" indicates that all connected items, conditions, provisions or events apply; and

"Or" indicates that one (1) or more of the connected items, conditions, provisions or events apply.

K.

Tenses, plurals, and gender. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.

The director has final administrative authority to determine the interpretation or usage of terms used in this Ordinance. Any person may request an interpretation of any term by submitting a written request to the director who shall respond in writing within 30 days.

This section defines the general use categories and specific use types listed in Table 3.1-1, Table of allowed uses, and Table 3.1-2, Table of accessory uses.

A.

Residential use definitions.

1.

Household living. This use category is characterized by residential occupancy of a dwelling unit by a household. Specific use types include, but are not limited to:

a.

Dwelling, duplex. A building containing two dwelling units located on one (1) lot.

b.

Dwelling, multifamily. A building containing three or more dwelling units located on one (1) lot.

c.

Dwelling, single-family attached. A building containing more than one (1) dwelling unit, each of which is located on a separate lot, and having any portion of one (1) or more walls in common with adjoining dwellings.

d.

Dwelling, single-family detached. A building containing one (1) dwelling unit located on one (1) lot and having no walls in common with adjoining dwellings.

e.

Dwelling, mobile home. A structure, transportable in one (1) or more sections, that is at least eight feet in width and 32 feet in length and that is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation.

f.

Dwelling, zero lot line. A detached dwelling that has only one (1) side yard.

g.

Mobile home park. A site with required improvements and utilities for the long-term parking of mobile homes, which may include services and facilities for the residents.

h.

Mobile home subdivision. A subdivision with required improvements and utilities for the long-term parking of mobile homes on individual home lots, which may include services and facilities for the residents.

2.

Group living. This category is characterized by residential occupancy of a structure by a group of people who do not meet the definition of "household living." Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment, and caregivers may or may not also reside at the site. Accessory uses commonly include recreational facilities and vehicle parking for occupants and staff. Specific use types include, but are not limited to:

a.

Boarding, dormitory, and rooming house. A building arranged or used for lodging, with or without meals, for compensation and not occupied as a single-family unit.

b.

Group home. A community-based residential facility that (1) admits not more than six persons with developmental or physical disabilities who require specialized living arrangements, and (2) provides for such persons a home that is subject to the care and supervision of a responsible adult, and (3) home is licensed by or has a contract with the department of human services.

c.

Convalescent home, nursing home, or assisted living facility. A health facility used for or customarily occupied by persons recovering from or suffering from infirmities of age, that may provide meals, lodging, and continuing nursing care for compensation.

B.

Public/institutional uses.

1.

Community service. Uses including buildings, structures, or facilities owned, operated, or occupied by a governmental entity or private organization to provide a service to the public. Specific use types include, but are not limited to:

a.

Cemetery. Land used or dedicated to the interment of human or animal remains, including columbaria, mausoleums, mortuaries, and associated maintenance facilities when operated in conjunction with, and within the boundaries of, such cemetery.

b.

Crematorium. A location containing properly installed, certified apparatus intended for use in the act of cremation. This use does not include a funeral parlor or public area.

c.

Government administration and civic buildings. An office of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to: post offices, employment offices, public assistance offices, or motor vehicle licensing and registration services.

d.

Municipal or community recreation center. A facility providing recreation/pool facilities and/or meeting rooms, and typically oriented to the recreational needs of the residents of the surrounding area.

e.

Place of assembly. A building or structure, or group of buildings or structures, intended primarily for the conducting of organized assembly. May include, but are not limited to religious facilities, assembly halls, and fraternal/social clubs. Accessory uses may include meeting rooms and childcare provided for persons while they are attending assembly functions.

f.

Public safety facility. The conduct of publicly owned safety and emergency services, such as, but not limited to, fire stations, police stations, and emergency medical and ambulance service.

2.

Cultural facility. A cultural facility displays or preserves objects of interest or provides facilities for one (1) or more of the arts or sciences. Accessory uses may include parking, storage areas, offices, and gift shops. Specific use types include, but are not limited to, the following:

a.

Art gallery or museum, public. Any permanent institution for the collection and display of objects of art or science, sponsored by a public or quasi-public agency and open and available to the public.

b.

Library, public. A permanent facility for storing and loaning books, periodicals, reference materials, audio and videotapes, and other similar media for use by the public.

3.

Child care facility. Child care uses include facilities that provide care for children on a regular basis away from their primary residence. This category 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. Accessory uses include offices, recreation areas, and parking.

a.

Child care center. Any place or institution that receives six or more children under the age of 16 years 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 the state, custody of children fixed by a court, children related by blood, marriage, or adoption within the third degree to the custodial person, or to churches or other religious or public institutional buildings while their parents or legal guardians are attending services, meetings, or classes and other institutional activities.

b.

Day care center/nursery school. A private establishment enrolling five or more children between two and five years of age and where tuition, fees, or other forms of compensation for the care of the children is charged and having a license or approval to operate as a child care center, under the provisions of the State of Oklahoma.

c.

Home day care. State-licensed day care for children that takes place in the provider's home, which does not employ anyone other than the resident provider.

4.

Education. Education uses are public, private, and parochial institutions at the primary, elementary, middle, high school, or post-secondary level, or trade or business schools, which provide educational instruction to students. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care. Specific use types include, but are not limited to:

a.

College or university. A degree-granting institution, other than a trade school, that provides education beyond the high school level. The use includes, but is not limited to, classroom buildings, offices, laboratories, lecture halls, athletic facilities, and dormitories.

b.

Elementary school. An educational institution that satisfies the compulsory education laws of the State of Oklahoma for students in elementary grades. This definition includes both public schools and private schools that have a curriculum similar to public schools.

c.

Middle school or high school. An educational institution that satisfies the compulsory education laws of the State of Oklahoma for students in secondary education. This definition includes both public schools and private nonboarding schools that have a curriculum similar to that in the permitted public schools.

d.

Trade school. A secondary or higher education facility primarily teaching usable skills that prepares students for jobs in a trade or in industry, construction, or commerce, and meeting all applicable state requirements for a facility of its type.

5.

Health care facility. Health care uses are characterized by activities focusing on medical services, particularly licensed public or private institutions that provide primary health services and medical or surgical care to persons suffering from illness, disease, injury, deformity, or other physical or mental conditions. Accessory uses may include but are not limited to laboratories, outpatient, or training facilities, and parking. Specific use types include, but are not limited to:

a.

Medical office or clinic. An establishment primarily engaged in furnishing, on an outpatient basis, chiropractic, dental, medical, surgical, medical imaging, or other services to individuals, including the offices of chiropractors, physicians, dentists, and other health practitioners, medical and dental laboratories, outpatient care and outpatient care facilities. Patients are not kept overnight except under emergency conditions.

b.

Hospital. A building or portion thereof for the accommodation of sick, injured, or infirm persons. Services regularly include the keeping of patients overnight.

6.

Parks and open space. Park and open space uses focus on natural areas, consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Accessory uses may include but are not limited to clubhouses, playgrounds, maintenance facilities, concessions, caretaker's quarters, and parking. Specific use types include, but are not limited to:

a.

Arboretum or botanical garden. A public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants.

b.

Campground. A parcel of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units of the public as temporary living quarters for recreation, education, or vacation purposes.

c.

Community playfields and parks. A tract of land owned by a governmental or quasi-governmental entity and available to the public for recreational purposes. This definition includes indoor recreational facilities, swimming pools, playgrounds, and athletic fields.

7.

Telecommunication facility. Telecommunications facilities transmit analog or digital voice or communications information between or among points using electromagnetic signals via antennas, microwave dishes, and similar structures. Supporting equipment includes buildings, shelters, cabinets, towers, electrical equipment, parking areas, and other accessory development. Specific use types include:

a.

Tower (including any facility with tower). A structure in a fixed location used as an antenna or to support antennas for the primary purpose of transmitting and/or receiving electronic signals. This definition includes nonresidential broadcast, communication, transmission, and similar towers, either freestanding or attached to an adjacent broadcasting or transmitting facility.

b.

Broadcasting or recording studio (no tower). A building or portion of a building used as a place for radio or television broadcasting or recording but without a transmission tower.

c.

Transmitting station (no tower). Any facility utilized for the transmission of broadcast information but without a transmission tower.

8.

Transportation facility. This category includes facilities that receive and discharge passengers and freight. Accessory uses include but are not limited to freight handling areas, concessions, offices, parking, and maintenance and fueling facilities. Specific use types include but are not limited to:

a.

Airport. A place where aircraft can land and depart, usually equipped with landing field facilities for refueling and repair, and various accommodations for passengers.

b.

Bus and passenger train terminal. Any premises for the transient housing or parking of motor-driven buses or trains and the loading and unloading of passengers.

c.

Heliport. An area designed to be used for the landing or takeoff of helicopters, which may include all necessary passenger and cargo facilities, fueling, and emergency service facilities.

9.

Utility. This category includes both major utilities, which are infrastructure services providing regional or community-wide service, and minor utilities, which are infrastructure services that need to be located in or near the neighborhood where the service is provided. Services may be publicly or privately provided. Accessory uses may include, but are not limited to control, monitoring, data, or transmission equipment.

a.

Utility facility, major. A service of a regional nature that normally entails the construction of new buildings or structures, and that typically has employees on the site on an ongoing basis. Examples include, but are not limited to, water works, reservoirs, power or heating plants, or steam generating plants.

b.

Utility facility, minor. A service that is necessary to support development within the immediate vicinity and that involves only minor structures. Employees typically are not located at the site on an ongoing basis. Examples include, but are not limited to utility lines, electric transformer stations; gas regulator stations; telephone exchange buildings; and well, water, and sewer pumping stations.

[C.

Reserved.]

D.

Commercial use.

1.

Agriculture. The use of land for purposes including farming, ranching, dairying, pasturage, horticulture, animal and poultry husbandry, and accessory uses.

a.

Medical marijuana commercial growing/cultivation. Indoor commercial medical marijuana growing/cultivation as established by 63 O.S. § 422A. Must be contained within a building per the building code adopted by the city.

2.

Animal sales and services. Animal sales and services uses, not incidental to agricultural uses, that involve the selling, boarding, or care of animals on a commercial basis. Accessory uses may include confinement facilities for animals, parking, and storage areas. Specific use types include, but are not limited to:

a.

Animal pet shop, retail. A retail establishment offering small animals, fish, or birds for sale as pets and where all such creatures are housed within the building.

b.

Animal training school. A facility that specializes in the training of household animals.

c.

Kennel. Any structure or premises on which five or more domestic animals over five months of age are kept. Also, any structure or premises on which five or more domestic animals, the majority of which are under five months of age are kept, which such animals are of the same species but are not related within three degrees. Among the domestic animals counted for this purpose shall be dogs, cats, miniature pigs, or any combination thereof.

d.

Veterinary clinic/animal hospital. An office or a clinic of a veterinarian where small animals or household pets are given medical, surgical, or health maintenance treatment. The boarding of animals is limited to short-term care incidental to the treatment clinic and must be a secondary use of the property.

e.

Veterinary clinic, large animal. An office or clinic of a veterinarian where small animals or household pets, as well as large animals, are given medical, surgical or health maintenance treatment. The boarding of large animals is limited to clinics of at least five acres and is limited to short-term care incidental to the treatment clinic and must be a secondary use of the property.

3.

Financial service. Establishments that provide retail banking services, mortgage lending, and similar financial services to individuals and businesses. This classification includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities, but does not include bail bond brokers. Accessory uses may include automatic teller machines, offices, and parking. Specific use types include, but are not limited to:

a.

Financial institution, with drive-thru. An establishment that provides banking services, lending, or similar financial services to individuals and businesses. This definition includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. The establishment has a drive-through facility.

b.

Financial institution, without drive-thru. Same as the above use, but with no drive-through facility.

4.

Food and beverage service. Food and beverage service businesses serve prepared food or beverages for consumption on or off the premises. Accessory uses may include food preparation areas, offices, and parking. Specific use types include, but are not limited to:

a.

Bar/nightclub. A structure or part of a structure used primarily for the sale or dispensing of alcoholic beverages or liquor by the drink. Dancing and musical entertainment are permitted.

b.

Catering service. An establishment that prepares food for service at a remote site.

c.

Fruit and vegetable market. A building, structure, or tract of land which may include open-air stands that is used for the primary purpose of retail sales of fresh fruits, vegetables, flowers, herbs, or plants. This definition may also include the accessory sales of other unprocessed foodstuffs, home processed food products, baked goods, and homemade handicrafts.

d.

Restaurant, drive-in. A restaurant where customers purchase and consume prepared food on the premises in their automobiles.

e.

Restaurant (without drive-through). An area or structure in which the principal use is the preparation and sale of food and beverages. Operations may or may not include outdoor seating areas or outdoor food service, but the operation does not include a drive-through or drive-in facility.

f.

Restaurant (with drive-through). An eating/drinking establishment in which the principal business is the sale of foods or beverages to the customer in a ready-to-consume state and in which the design or method of operation of all or any portion of the business allows food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle.

g.

Micro food and beverage production. An establishment that produces, bottles, and/or distributes small quantities of food or beverages that are not part of a restaurant type use. Typical examples include, but are not limited to microbreweries, nanobreweries, brewpubs, wine blending, and limited food production.

5.

Office. Office uses are characterized by activities generally focusing on business or professional services. Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building. Specific use types include, but are not limited to:

a.

Office, business or professional. An establishment that provides executive, management, administrative, or professional services, but not involving the sale of merchandise except as incidental to a permitted use. Typical examples include, but are not limited to, real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting, call centers, and similar offices.

b.

Research laboratory. A facility for conducting medical or scientific research, investigation, testing, or experimentation; however, this does not include facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. This definition includes electronic and telecommunications laboratories, including assembly.

6.

Recreation and entertainment, outdoor. Outdoor recreation and entertainment uses provide recreation or entertainment activities outside of an enclosed environment. Accessory uses may include, but are not limited to, concessions, snack bars, parking, and maintenance facilities. Specific use types include, but are not limited to:

a.

General outdoor recreation. Intensely developed recreational uses such as amusement parks, miniature golf courses, commercial tennis courts, batting cages, skateboard or skate parks or courses, bicycle motocross courses, water parks or slides, drive-in movie theaters, courses for paramilitary games, and archery facilities.

b.

Golf course or driving range. A tract of land laid out with a course having nine or more holes for playing the game of golf, including any accessory clubhouse, driving range, office, restaurant, concession stand, picnic tables, pro shop, maintenance building, restroom facility, or similar accessory use or structure. This term shall not include miniature golf courses as a principal or accessory use, nor shall it include driving ranges that are not accessory to a golf course, nor shall it include lighted golf courses. Depending on the district in which the course is located, the course may be either lighted or unlighted.

c.

Major entertainment facility. A large open or partially enclosed space used for games or major events, and partly or completely surrounded by tiers of seats for spectators.

d.

Race track (auto, dog, or horse). A measured course where animals or machines are entered in competition against one another or against time, including tracks used only in the training of animals.

e.

RV campground/park. Any plot or parcel of real estate upon which two or more recreational vehicles sites are located, established, maintained, or occupied for dwelling or sleeping purposes for the public as temporary (not to exceed 14 consecutive days) living quarters for recreation or vacation purposes regardless of whether a charge is made for such accommodation.

f.

Shooting range. An outdoor facility wherein firearms are shot at targets under strict rules of conduct and safety.

g.

Zoo. An area, building, or structures that contain wild animals on exhibition for viewing by the public.

7.

Recreation and entertainment, indoor. Indoor recreation and entertainment uses provide recreation or entertainment activities within an enclosed environment. Accessory uses may include concessions, snack bars, parking, and maintenance facilities. Specific use types include, but are not limited to:

a.

Art gallery or museum, private. Any permanent institution for the collection and display of objects of art or science, not operated by a public or quasi-public agency.

b.

Fitness and recreational sports center. A facility primarily featuring equipment for exercise and other active physical fitness and/or recreational sports activities, such as swimming, skating, racquet sports, aerobic dance, gymnasium facilities, indoor soccer, yoga, and other kinds of sports and fitness facilities.

c.

General indoor recreation. An establishment offering entertainment, game playing, or similar amusements to the public within an enclosed building. This shall include, but is not limited to, arcades, bowling alleys, billiard parlors, bingo parlors, laser tag parlors, and indoor shooting ranges.

d.

Major entertainment facility. A use designed to accommodate activities that generally draw 1,000 persons or more to specific indoor events or shows. Activities are generally of a spectator nature. Examples include auditoriums, performing arts centers, arenas, and coliseums. Accessory uses may include restaurants, bars, concessions, parking, and maintenance facilities.

e.

Movie theatre. An indoor theater for the showing of motion pictures.

8.

Personal services. Establishments that provide individual services related to personal needs directly to customers at the site of the business, or that receives goods from or returns goods to the customer, which have been treated or processed at that location or another location. Specific use types include, but are not limited to:

a.

Dry cleaning and laundry service. An establishment where laundry or dry cleaning is dropped off by customers or picked up by customers and that also includes on-site laundry and/or cleaning activities, including related operation of equipment and machinery. Establishments that do not include on-site cleaning activities are classified as "general personal services."

b.

Funeral services. An establishment for the preparation of the deceased for burial and rituals connected with, and conducted before, burial or cremation. This definition may include a facility for the permanent storage of cremated remains of the dead.

c.

General personal services. An establishment that provides care, advice, aid, maintenance, repair, treatment, or similar semi-technical, technical, or experienced assistance, other than the practice of a profession and wholesale or retail sale of goods. Examples include, but are not limited to, shoe repair, beauty and barber shops, massage therapy, tanning salons; and dry cleaning pick-up and drop-off shops that do not conduct dry cleaning on the premises.

d.

Instructional services. A specialized instructional establishment that provides on-site training of business, artistic, or commercial skills. Examples include, but are not limited to, fine arts schools, computer instructional services, and driving schools. This use does not include establishments that teach skills that prepare students for jobs in a trade (e.g., carpentry), which are classified under "trade schools."

9.

Retail (sales). Establishments engaged in the sale, lease, or rent of new or used products to the public. No outdoor display of merchandise is permitted unless specifically authorized by this Ordinance. Accessory uses may include offices, parking, storage of goods, and assembly, repackaging, or repair of goods for on site sale. Specific use types include, but are not limited to:

a.

Alcoholic beverages, retail sales. A retail establishment, such as a liquor store, licensed to sell alcoholic beverages such as beer, wine, and liquor. No on-site consumption is allowed.

b.

Medical marijuana, retail sales.

i.

Medical marijuana dispensary is an establishment licensed by the Oklahoma State Department of Health pursuant to 63 O.S. § 421A, which allows the dispensary to purchase medical marijuana or medical marijuana products from a licensed processor, grower, or dispensary; to sell medical marijuana and medical marijuana products to a licensed patient, to the licensed patient's parent(s) or legal guardian(s) if licensed patient is a minor, and a licensed caregiver; and to sell, transfer, and transport or contract with a commercial transporter to transport medical marijuana or medical marijuana products to another licensed dispensary, a research facility, and an educational facility; and to transfer to testing laboratories.

ii.

Commercial grower is an establishment licensed by the Oklahoma State Department of Health pursuant to 63 O.S. § 422A, which allows the entity to grow, harvest, and package medical marijuana for the purpose of selling medical marijuana to a dispensary, processor or researcher.

iii.

Marijuana processor is an establishment licensed by the Oklahoma State Department of Health pursuant to 63 O.S. § 423A, which allows the entity to purchase marijuana from a commercial grower; prepare, manufacture, package, sell to and deliver medical marijuana products to a dispensary licensee or other processor licensee; and may process marijuana received from a qualified patient into a medical marijuana concentrate, for a fee.

iv.

A medical marijuana dispensary license will not be granted to any applicant where the proposed location would be located within 1,000 feet from any state licensed child care facility. The distance specified shall be measured from any entrance of a state licensed child care facility to the nearest leased or owned medical marijuana dispensary facility.

v.

Drive-through windows and drive-through lanes are prohibited for medical marijuana dispensaries.

c.

Convenience store with gas sales (amended 4-5-11). An establishment engaged in the sale of convenience goods, such as but not limited to pre-packaged food items, tobacco, over-the-counter drugs, periodicals, and other household goods; and which also provides the retail sale of petroleum products that are dispensed through gasoline pumps and other supplies for motor vehicles. (Ord No. 3155 adopted 4-5-11)

d.

Horticulture nursery sales. Land or buildings used to raise flowers, shrubs, trees, and other plants for retail sale.

e.

Open air market or flea market. Premises intended for individual vendors who display and sale merchandise in small quantities including but not limited to household goods, appliances, tools, food, and arts and crafts. The display and sale of merchandise may be indoor or outdoor in facilities including but not limited to building, open air, or partially enclosed booths or stalls. This definition does not include retail sidewalk sales or garage sales.

f.

Retail, general. Retail establishments not elsewhere classified that provide goods directly to the consumer, including but are not limited to: Apparel shops, appliance sales, auto parts store, bait shop, bakeries, bookstores, camera shops, clothing stores, convenience stores without gas pumps, department stores, electronic stores, factory outlet stores, florists, grocery stores, furniture stores, hardware and building material sales, pet shops, pawn shops, pharmacies, shoe stores, and toy stores.

g.

Retail, large. A building that meets the definition of "general retail" and is 75,000 square feet or greater.

h.

Sexually oriented business.

i.

Amusement or entertainment businesses which are distinguished or characterized by an emphasis on acts or on materials depicting, describing or relating to sexual conduct or specified anatomical areas as defined in this Ordinance, including but not limited to topless or bottomless dancers, strippers, male or female impersonators, or similar entertainment;

ii.

An establishment having as a significant portion of its stock in trade books, film, tape, photographs, magazines, or other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas;

iii.

An enclosed building used for presenting material in a theater, or theater formats, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas;

iv.

A motel wherein material is presented, as a part of the motel services, via closed circuit T.V. or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas;

v.

Any arcade or similar facility to which the public is permitted or invited to make use of coin-operated or slug operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices which are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis or depicting or describing sexual conduct or specified anatomical areas;

vi.

Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment of manipulation of the human body occurs as part of or in connection with sexual conduct; also, any place where any person providing any such treatment, manipulation or service related thereto, exposes specified anatomical areas;

vii.

Any place, other than a university or college art class, where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity;

viii.

Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devices, or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron in sexual conduct.

10.

Vehicles and equipment. Vehicles and equipment uses include a broad range of uses for the maintenance, sale, or rental of motor vehicles and related equipment. Accessory uses may include incidental repair and storage, offices, and sales of parts. Specific use types include, but are not limited to:

a.

Boat and/or RV storage. A facility where boats and/or recreational vehicles are stored outside for 72 hours or more.

b.

Car wash. A facility for the cleaning of automobiles, providing either self-serve facilities or employees to perform washing operations.

c.

Gasoline sales. Any area used for retail sale of gasoline or oil fuels, or automobile accessories and incidental services. The use may only include facilities allowed under either "major or minor vehicle service and repair" if such use is allowed in the zoning district.

d.

Parking structure. A structure designed with one (1) or more levels partially or fully enclosed, used for the parking of motor vehicles. The facility may be above, below, or partially below ground. This use does not include private carports or garages.

e.

Vehicle sales and rental. An establishment engaged in the display, sale, leasing, or rental of new or used motor vehicles. Vehicles included, but are not limited to, automobiles, light trucks, vans, trailers, recreational vehicles, motorcycles, boats, personal watercraft, utility trailers, all-terrain vehicles, and mobile homes.

f.

Vehicle service and repair, major. An establishment engaged in the major repair and maintenance of automobiles, motorcycles, trucks, vans, trailers, recreational vehicles, boats, mobile homes, or snowmobiles. Services include engine, transmission, or differential repair or replacement; body, fender, or upholstery work; and painting.

g.

Vehicle service and repair, minor. An establishment engaged in light maintenance activities such as engine tune-ups; oil change or lubrication; carburetor cleaning; muffler replacement; brake repair; tire shops; and detailing and polishing. Vehicle parts are sold and are ordinarily installed on the premises. Major automotive repairs are prohibited except where specifically permitted by terms of a specific use approval.

11.

Visitor accommodation. For-profit facilities where lodging is provided to transient visitors and guests for a defined period. Specific use types include, but are not limited to:

a.

Short-term rental:

Type 1: One or more permanent buildings occupied by the property owner, containing no more than two guestrooms, and are intended to be occupied as the temporary abiding place of person who are lodged within or without meals, for compensation per Section 3.2.C requirements.

Type 2: One or more permanent buildings that are not occupied by the property owner, containing in the aggregate up to four guestrooms, and are intended or designed to be occupied as the temporary abiding place of persons who are lodged within or without meals, for compensation per Section 3.2.C requirements.

Type 3: One or more permanent buildings containing more than four, but in the aggregate no more than eight guestrooms that are occupied or intended or designed to be occupied as the temporary abiding place of persons who are lodged with or without meals, for compensation per Section 3.2.C requirements.

b.

Hotel or motel. A building or group of buildings containing nine or more sleeping rooms that are occupied or intended or designed to be occupied as the temporary abiding place of persons who are lodged with or without meals, for compensation.

E.

Industrial uses.

1.

Industrial service. An establishment engaged in the repair or servicing of agricultural, industrial, business, or consumer machinery, equipment, or products. Specific use types include, but are not limited to:

a.

Fossil fuel storage. A permanent facility for the storage of fossil fuels and fossil fuel byproducts including, but not limited to, gasoline, diesel fuel, and motor oil. Uses include those that store such products for transportation. Storage of gaseous products such as liquefied natural gas (LNG), compressed natural gas (CNG), butane, and propane for immediate use by the final consumer are included in this definition.

b.

General industrial service. Establishments engaged in the storage, repair, or servicing of agricultural, industrial, business, or consumer machinery, equipment, products, or byproducts. Examples include but are not limited to: construction materials storage; welding shops, machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; repair or storage of heavy machinery; heavy truck servicing and repair; aircraft servicing and repair; tire retreading or recapping. Accessory activities may include retail sales, offices, parking, and storage.

2.

Manufacturing and production. An establishment engaged in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, constructed, 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. Custom industry is included (i.e., establishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment). Goods are generally not displayed or sold on site, but if so, such activity is a subordinate part of sales. Accessory activities may include retail sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker's quarters. Specific use types include, but are not limited to:

a.

Assembly, light. An establishment engaged only in the assembly of goods. No manufacturing of parts occurs. Goods are shipped to the establishment, assembled, packaged, and reshipped.

b.

Manufacturing, light. An establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing. The manufacture, assembly, research, or processing of products and goods occurs entirely within an enclosed structure requiring no outdoor industrial wastewater treatment system, and producing no airborne emissions, objectionable noise, glare, odor, vibrations, smoke or dust associated with the industrial operation. Outdoor storage of raw materials and products is permitted with proper screening. Examples include, but are not limited to: airplane, automobile, or truck assembly, remodeling, or repair; bottling works; boat building, computer chip manufacturing; machine or blacksmith shops; metalworking or welding shops; paint shops; and printing and publishing shops.

c.

Manufacturing, heavy. Uses that do not meet the light manufacturing criteria set forth above. These uses have the potential to produce noise, vibrations, smoke, dust, and odor that have the potential to cause adverse impacts. Examples include, but are not limited to: refining or initial processing of raw materials; rolling, drawing, or extruding of metals; asphalt batching plants; sawmills; meat slaughtering or packing house; and manufacture or packaging of cement products, concrete batch plants, feed, fertilizer, flour, glue, paint, petroleum products, soap, turpentine, varnish, charcoal, or distilled products.

3.

Mining and processing. Involves extractive operations, certain mineral processing operations, and manufacturing operations, which directly utilize minerals, at or near the source.

a.

Mining and processing: minerals and raw materials. Places primarily devoted to surface or subsurface mining, excavation, or extraction of metallic and nonmetallic materials with essential on-site processing of such products. Typical uses are a borrow pit, sandpit, quarry, or mine.

b.

Mining and processing: oil and gas. Places primarily devoted to subsurface mining of oil and gas. Typical uses are oil and gas drilling operations.

4.

Warehouse and freight movement. Establishments engaged in the storage or delivery of goods. Accessory uses may include offices, truck fleet parking, and maintenance areas. Specific use types include, but are not limited to:

a.

Mini-storage. A building or group of buildings in a controlled access compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customers' goods or wares.

b.

Motor freight terminal. A facility for freight pickup, distribution, and storage. This may include intermodal distribution facilities for truck or shipping transport.

c.

Office warehouse. A structure containing both offices and a warehouse for storing products associated with the business. The office component of this use shall be at least 50 per cent of the overall floor area of the structure.

d.

Storage yard. Any lot or portion of a lot that is used for the sole purposes of the outdoor storage of fully operable motor vehicles, construction equipment, construction materials, or other tangible materials and equipment.

e.

Warehouse. A structure used for storing materials, goods, or property.

f.

Wholesale establishment. An establishment primarily engaged in the sale or distribution of goods and materials in large quantity to retailers or other businesses for resale to individual or business customers. Manufacturing, resource extraction, bulk storage of hazardous materials, or scrap or salvage operations are excluded.

5.

Waste and salvage. Waste and salvage firms receive solid or liquid wastes from others for disposal on the site or for transfer to another location. The category includes uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material or processing of scrap or waste material. Waste and salvage uses also include uses that receive hazardous wastes from others. Accessory uses may include recycling of materials, offices, and repackaging and shipment of byproducts. Specific use types include, but are not limited to:

a.

Auto salvage yard. Any lot upon which two or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license or registration, have been placed for the purpose of obtaining parts for recycling or resale.

b.

Scrap operations. Places of business primarily engaged in the storage, sale, dismantling or processing of used or waste materials that are not intended for reuse in their original form. Typical uses include but are not limited to junk yards or salvage yards.

c.

Recycling center (outdoor/indoor). A facility in which recoverable resources such as newspapers, glassware, plastics, and metal cans are recycled, reprocessed, and treated to return such products to a condition in which they can again be used for production. This facility is not a junkyard or salvage yard.

d.

Solid waste disposal. A method or system of solid waste disposal in which the waste is disposed or buried in layers, compacted by earth or disposed by incineration.

(Ord. No. 3155, § I, 4-5-2011; Ord. No. 3436, § III, 6-6-2016; Ord. No. 3540, §§ III, IV, 9-18-2018; Ord. No. 3599, § V, 8-20-2019; Ord. No. 3599 (corrected); § V, 3-17-2020; Ord. No. 3658, § VI, 12-1-2020; Ord. No. 3706, § III, 8-16-2021; Ord. No. 3732, § II, 6-6-2022; Ord. No. 3778, § V, 4-4-2023)

Accessory. Subordinate, customary, or incidental to, and on the same lot or on a contiguous lot in the same ownership and zone as the building or use being identified or advertised.

Agriculture. The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry, excluding commercial feed lots and the raising of hogs, pigs or other livestock fed from garbage or offal.

Alley. A public or private way providing a secondary means of access to abutting property.

Berm. A mound or bank of earth covered with either grass or other plant material.

Block. A parcel of land bounded by a street or any combination of streets and public land, rights-of-way, waterways, or other barriers to the contiguity of development.

Building. Any structure having a roof, supported by columns or wall, used or intended to be used for the shelter of or enclosure of persons, animals, or property.

Building coverage. The area of a lot that is covered by buildings.

Building frontage. The horizontal, linear dimension of that side of a building, which abuts a street, a parking area, a mall, or other circulation area open to the public and has either a main window display or a public entrance to the building. In industrial districts a building side with an entrance open to industrial employees shall also qualify as a building frontage. Where more than one use occupies a building, each such use having a public entrance or main window display for its exclusive use shall be considered to have its own building frontage, which shall be the front width of the portion of the building occupied by that use.

Building height. The vertical distance of a building measured from the average elevation for the finished grade, within six feet of the structure, to the highest point of the roof.

Caliper. The diameter of the tree trunk measured at six inches above ground level for a tree trunk having a diameter of four inches or less and the diameter of the tree trunk measured at 12 inches above ground level for a tree trunk having a diameter exceeding four inches.

Comprehensive plan. The comprehensive plan for the city that has been officially adopted to provide long-range development policies for the city and which includes, among other things, the plan for land use, land subdivision, transportation, and public facilities.

Condominium. A unit of ownership estate as set forth within Title 60 of the Oklahoma Statutes Annotated [60 O.S].

Courts and court yards. Open, unoccupied spaces that are wholly or partially enclosed.

Deck. An uncovered platform constructed of wood or similar synthetic material.

Dedication. A grant of land or the right to use land, by the owner of that land, to the public and acceptance of the dedicated land or right to use the land by the applicable public governing authority.

Density. The total number of dwelling units theoretically allowed on a particular parcel based upon its size and zoning designation.

Directional sign. Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian and vehicular traffic.

Director. The city manager of the City of Broken Arrow, Oklahoma, or his or her duly designated representative.

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. The area under or around the tree containing the fragile feeder roots of the tree.

Double-sided sign. A structure with two parallel and directly opposite signs with their faces oriented in opposite directions.

Dwelling unit. One room or rooms connected together constituting a separate, independent living unit for owner occupancy or for rental or lease on a monthly or longer basis, physically separated from any other dwelling units, which may be in the same building.

Family. An individual or two or more persons related by blood or marriage, or a group of not more than three persons who need not be related by blood or marriage, living together as a single housekeeping unit in dwelling unit. In addition, "family" shall also include a community-based residential facility that admits no more than six persons with developmental or physical disabilities who require specialized living arrangements and that provides for such persons as a single housekeeping unit that is subject to the care and supervision of a responsible adult, and which facility is licensed by or contracting with the state department of human services.

Flag lot. A lot that has limited street frontage and an extended driveway accessing the principal building area of the lot.

Flood. A general and temporary condition of partial or complete inundation of normally dry land area from the overflow of inland waters, or the unusual and rapid accumulation of surface waters from any source.

Floodplain. Any land area susceptible to being inundated by water from any source. (See: Flood.)

Floor area. The total square feet of floor space within the outside dimensions of a building, including each floor level, but excluding carports, garages, breezeways, porches, verandas, and balconies.

Floor area ratio. The floor area of the buildings on a lot, divided by the lot area.

Freestanding sign. A sign that is principally supported by a structure affixed to the ground, not supported by a building, including signs supported by one (1) or more columns, poles or braces placed in or upon the ground.

Frontage. That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot, and excluding limited access highways.

Hardscape. Nondeleterious materials used to augment the beauty of a landscaped area. "Hardscape" may include brick, stone or rock walls, fountains, ponds, pools, planter or retaining walls, but it excludes artificial plants, trees, or other artificial vegetation.

Height. See: Building height.

Junk or salvage. Used machinery, scrap, iron, steel, other ferrous and nonferrous metals, tools, implements or portions thereof, glass, plastic, cordage, building materials, or other waste that has been abandoned from it original use and may be used again in its present or in a new form.

Landscaped area. The unpaved area that contains grass, shrubs, flowers, ground cover, trees, or native plant materials of any kind and that may include decorative fixtures or accouterments such as rock, pools, and planters. Does not include artificial plants, trees, or vegetation.

Landscaped edge. Landscape area required to be provided adjacent to a street or highway in multifamily and nonresidential areas.

Landscaped island. Unpaved area located within or protruding into a parking lot or the center of an entry into a development's drive or street. The area of a landscaped island is measured from back of inside curb to the back of inside curb.

Light source. The source of illumination and includes neon, fluorescent or similar tube lighting, the incandescent bulb (including the light producing elements therein) and any reflecting surface that, because of its construction and/or placement, becomes in effect the source of illumination.

Lot. A designated parcel, tract, or area of land established by a plat or other means as permitted by law, which is to be used, developed, or built upon.

Lot, corner. A lot bound by two streets which intersect, with possible access to either or both streets.

Lot, double frontage. A lot in which both the front lot line and rear lot line abut a street right-of-way.

Lot, interior. A lot other than a corner lot.

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

Lot coverage. The amount (per cent) of impervious coverage, including the surface parking, drives, and the building footprint, but excluding customary patios and pools.

Lot depth. The average horizontal distance between front and rear lot lines.

Lot line, front. The property line dividing a lot from the right-of-way of the street. For a corner lot, the shortest street right-of-way line shall be considered as the front line.

Lot line, rear. The property line most distant to and parallel to the front lot line.

Lot line, side. Any lot line other than a front or rear lot line.

Lot of record. A lot that is part of a subdivision, the plat of which has been recorded in the office of the county recorder of Tulsa or Wagoner County, or a parcel of land the deed of which was of record as of the effective date of this Ordinance.

Lot width. The distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line establishing the lot depth at the established building setback line.

Mobile sign. A sign, which is not permanently attached to the ground, a structure, or any other sign and which is mounted or designed for mounting on wheels, or which is mounted or designed for mounting on a self-propelled or towed vehicle. Such signs shall include, but not be limited to benches, mobile advertising signs attached to a truck, chassis, detachable vehicle trailer, or other such mobile signs, but shall not include signs painted or otherwise inscribed on a self-propelled or towed vehicle.

Off-premises advertising sign. A freestanding sign erected, maintained or used in the outdoor environment for the purposes of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sales or lease of, the property on which it is displayed.

On-premises advertising sign. A sign erected, maintained or used in the outdoor environment for the purposes of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.

Off-street loading space. A space on a lot directly accessible to the building it serves for bulk pickups and deliveries by delivery vehicles.

Open space. Land which is free of structures or impervious surfaces which are not directly related to the use of the open space.

Permitted use. A use allowed by right within the applicable zoning district, subject to all applicable requirements of this Ordinance.

Planning commission. The City of Broken Arrow Planning Commission.

Principal use. The primary use of land or of a structure as distinguished from a subordinate or accessory use.

Projecting sign. A display sign that is attached directly to a building wall that extends more than 15 inches from the face of the wall.

Property line. The boundary of any lot, parcel, or tract.

Public hearing. A meeting called by a public body for which public notice has been given and which is held in a place at which the public may attend to hear issues and to express their opinions.

Public meeting. A meeting called by a public body, which is held in a place at which the public may attend to hear issues and express their opinions.

Recreational vehicle. A vehicular unit other than a mobile home, which is designed as a temporary dwelling for travel, recreational and vacation use, and which is either self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer or van.

Screening. The method by which a view of one (1) site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features.

Setback. A required open area on a lot measured from the property line. A setback shall be unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Code. The depth of a setback is measured at right angles to the relevant property line.

Setback, front. A required setback that extends across the full frontage of a lot or tract on a public or private street. The front setback is defined by the front property line.

a.

In the case of rounded property corners at street intersections, the front setback is measured as if the corner is not rounded and the front property lines are extrapolated to intersect.

b.

In the case of corner or double frontage lots, a front setback extends across all frontages.

c.

For cul-de-sac lots and lots abutting a curved street, the front setback follows the curve of the front property line.

i.

The minimum lot width requirement shall be met at the front setback line.

ii.

In no event shall the front lot line be less than 30 feet.

d.

In the case of flag lots, a front setback extends across the entire flag portion of the lot and includes the flagpole portion of the lot.

e.

In the case of corner, double frontage, and three-sided lots, there will be no rear setbacks, but only front and side setbacks.

Setback, rear. A setback that extends along the full rear lot line. Double-sided lots and three-sided lots do not have rear setbacks.

Setback, side. Any setback that is not a front or rear setback. Generally, side setbacks extend from the inner boundary of the front setback (or from the front property line of the lot or tract where no front setback is required) to the inner boundary of the rear setback (or to the rear property line of the lot or tract where no rear setback is required.) For corner and double frontage lots, setbacks remaining after front setbacks have been established shall be considered side yards.

Sight triangle. The area required to be clear of obstructions at the intersections of streets, highways, railroads, alleys and driveways.

Sign. Any object or device or part thereof situated outdoors or indoors which is used to advertise or identify an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination, or projected images. Signs do not include:

a.

Flags of nations, or organizations of nations, or states and cities, or fraternal, religious, or civic organizations.

b.

Merchandise, pictures or models of products or services incorporated in a window display.

c.

Time and temperature devices not related to a product.

d.

National, state, religious, fraternal, professional and civic symbols or crests.

e.

Works of art that in no way identify a product.

Sign area. The "sign area" is the total of all sign faces on a sign. When the sign copy is mounted or painted on a panel or area distinctively painted, textured, or constructed as a background for the sign copy, the "sign area" is measured by the height and width of the area contained within the outside dimensions of the background panel or surface.

Sign maintenance. The replacing, repairing or repainting of part of a sign structure; periodic changing of bulletin board panels; or renewing of copy made unusable by ordinary wear and tear, weather, or accident.

Site plan. A plot of a lot, drawn to scale, showing the actual measurements of the lot, the size and location of any existing or proposed buildings or other improvements, and the location of the lot in relation to abutting streets.

Specific use permit. A permit approved and issued for use or development, which must be acquired before a specific use can be constructed or started.

Standard public sign. Any sign erected by the Federal Highway Department, state highway department, turnpike authority, county, or the City of Broken Arrow.

Street, private. A right-of-way or easement of private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.

Street, public. Any street, avenue, boulevard, road, lane, parkway, viaduct, alley, or other way for the movement of vehicular traffic which is an existing state, county or municipal roadway, or a street or way shown upon a plat, heretofore or hereafter dedicated and which includes the land between right-of-way lines, whether improved or unimproved, and may be comprised of pavement, shoulders, gutters, sidewalks, parking areas and other areas within the right-of-way.

Temporary construction sign. A construction sign that is not permanently affixed to the ground or to a building where it is located and can be removed from the premises. These signs are usually constructed of materials that are intended to last for at least 30 days. A temporary construction sign shall be located upon the property where the construction work is taking place.

Temporary election sign. A political election sign that is not permanently affixed to the ground or to a building where it is located and can be removed from the premises. These signs are usually constructed of materials that are intended to last for at least 30 days. A temporary election sign shall be located upon private properties only and shall not be placed in the rights-of-way.

Temporary real estate sign. A real estate sign that is not permanently affixed to the ground or to a building where it is located and can be removed from the premises. These signs are usually constructed of materials that are intended to last for at least 30 days. A temporary real estate sign shall be located on the property for which it is advertising for sale or lease.

Temporary sign. A sign that is not permanently affixed to the ground or to a building where it is located and can be removed from the premises. These signs are usually constructed of materials that are intended to last for at least 30 days. A temporary sign shall be located upon the property of the business, product, service or activity it is advertising.

Turf. A surface layer of earth containing mowed grass with its roots.

Use. The purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

Variance. A modification of applicable zoning district provisions granted by the board of adjustment after notice and hearing.

Wall sign. A sign that is painted on or attached directly to the surface of masonry, concrete, frame or other approved building walls, and which extends not more that 15 inches from the face of the wall.

Yard. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, front. A yard extending across the front lot line between the side lot lines, and being the minimum horizontal distance between the front lot line and the front wall of any building.

Yard, rear. A yard extending across the rear lot line between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building.

Yard, side. A yard between the main building and the side-line of the lot, and being the minimum horizontal distance between the building and the side lot line and extending from the front lot line to the rear lot line.