As they concern interpretation and application, the provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this chapter shall control. Terms and words are to be used and interpreted as defined in section 56-2. Words used in the present tense include the future; the singular shall include the plural, and the plural the singular; the term "building" means, as well, the term "structure," the term "used" includes the terms "arranged," "designed," "constructed," "altered," "converted," "rented," "leased," or "intended to be used," and the term "shall" is mandatory and not directory, except where the natural construction of the writing indicates otherwise.

(Code 1986, § 12-203; Code 2009, § 52-19; Ord. No. 217, 3-25-1975)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use or structure means a use or structure customarily incidental, appropriate, and subordinate to the principal use of a building or to the principal use of land and which is located upon the same lot therewith.

Agriculture means:

(1)

The term "agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing produce; provided, however, that the operation of any such accessory shall be secondary to that of normal agricultural activities.

(2)

The term "agriculture" does not include the commercial feeding of swine or other animals, stockyards or commercial feed lots for cattle.

Alley means a minor right-of-way dedicated to public use not more than 30 feet wide affording a secondary means of access to abutting property and not intended for general traffic circulation.

Automobile or trailer sales area means an open area, other than a street, used for the display, sales or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

Automobile repair, major, means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services, including body, frame, or fender straightening or repair; overall painting or paint shop; and vehicle steam cleaning.

Automobile repair, minor, means incidental replacement of parts and motor service to passenger cars and trucks not exceeding a 1½-ton capacity.

Automobile service station or filling station means any area used for the retail sale of gasoline or oil fuels or automobile accessories, and incidental services including facilities for lubrication, and washing and cleaning. The term "automobile service station or filling station" does not include painting, major repair, or the sale of butane or propane fuels.

Automobile wash or automatic car wash means a building or structure or chain conveyor, blowers, steam cleaners and other mechanical devices used primarily for the purpose of washing motor vehicles.

Block, in describing the boundaries of a district, refers to the legal description. In all other cases, the term "block" refers to the property abutting on one side of the street between two intersecting streets, between an intersecting street and a railroad right-of-way, or between an intersecting street and a watercourse.

Board of adjustment means the board of adjustment of the city, also referred to as the "board."

Boardinghouse and roominghouse means any building where any meals or lodging are provided for persons other than the family or their relatives and excluding facilities for transient persons such as hotels, motels, inns and other such facilities.

Building means any structure having a roof supported by columns or walls that is used or intended to be used for the shelter or enclosure of persons, animals, or property.

Building accessory. See Accessory use or structure.

Building height means 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, the decline of a mansard roof, or the average height of the highest gable of a pitch or hip roof.

Building line means a line established beyond which no part of a building shall project, except as otherwise provided by this chapter.

Building, principal, means a building in which the principal use of the building site is conducted. In any residential district, any dwelling shall be deemed to be the principal building on the building site.

Bulletin board means any sign announcing the activities of an educational, religious, institutional or similar use.

Cemetery means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes.

Childcare center means any place, home or institution which receives three or more children under the age of 16 years for care apart from their natural parents, legal guardians or custodians, and received for regular periods of time for compensation. The term "childcare center" does not include:

(1)

Public and private schools organized, operated or approved under state laws;

(2)

Custody of children fixed by a court;

(3)

Children related by blood or marriage within the third degree to the custodial person; or

(4)

Churches or other religious or public institutions caring for children within their institutional building while such children's parents or legal guardians are attending services or meetings or classes and other church activities.

City council means the official governing body of the city.

City planning commission means the planning commission of the city, as established by state law, also referred to as "planning commission." The city planning commission shall also be the zoning commission for the city.

Clinic means a place used for the care, diagnosis and treatment of sick, ailing, infirmed and injured persons and those in need of surgical or medical attention but who are not customarily provided with board and room or kept overnight on the premises.

Club means a nonprofit association of persons who are bona fide members, paying regular dues, and organized for some common purpose. The term "club" does not include a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Comprehensive plan means the official city plan and also refers to the specific document, general development plan.

Convalescent home means a nursing home, a rest home, or a home for the aged, recuperating, chronically ill, or incurable persons, in which two or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation. The term "convalescent home" does not include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury.

Coverage means the lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.

Dwelling means any building or portion thereof designed or used as a residence of one or more persons. The term "dwelling" does not include a tent, cabin, trailer coach, mobile home, boardinghouse or roominghouse, hotel or motel.

Dwelling, multifamily, means a building or portion thereof containing three or more dwelling units and designed for or used by three or more families. The term "multifamily dwelling" also includes the term "apartments."

Dwelling, single-family, means a building containing one dwelling unit and designed for or used exclusively by one family.

Dwelling, two-family, means a building containing two dwelling units and designed for or used exclusively by two families. The term "two-family dwelling" also includes the term "duplex."

Dwelling unit means a room or group of rooms arranged, intended or designed as a habitable unit, containing kitchen, bath and sleeping facilities for not more than one family living independently of any other family.

Essential services means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewer, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories thereof, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

Family means a person living alone or two or more persons related by blood or marriage living together as a single housekeeping unit and using a single facility in a dwelling unit, for culinary purposes, as distinguished from a group occupying a boardinghouse, lodginghouse, hotel, motel, fraternity house, or sorority house.

Floor area means the sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls or from the centerlines of walls separating two buildings.

Frontage means the linear measurement of a lot boundary which is abutting a street.

Garage apartment means a dwelling for one family erected as a part of a private garage.

Garage, parking, means any building or portion thereof used for the storage of four 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, means a detached accessory building or a portion of the principal building used or intended for use by the occupants of the premises for storage of passenger vehicles or trailers.

Garage, public, means the structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repairing or refinishing of any vehicles.

Garage, repair, means a building in which are provided facilities for the care, servicing, repair, or equipping of automobiles.

Height means the vertical measurement of any structure on any parcel of land measured from the average elevation of the lot or parcel to the uppermost point of the structure.

Home occupation means any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory building, provided that no trading and merchandising is carried on; that there is in connection therewith, no display of merchandise or advertising sign other than one nonilluminated name plate, not more than two square feet in area, attached to the main or accessory building; and that no mechanical equipment is used, except such as is customarily used in purely domestic or household purposes. The term "home occupation" does not include a tea room, restaurant, rest home, clinic, barbershop, beauty parlor, doctor's or dentist's office, childcare center, tourist home or cabinet shop, metal shop, lawn mower repair or auto repair garage.

Hospital. See Medical facilities.

Hotel means a building or group of buildings under one ownership containing six or more sleeping rooms occupied or intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation. The term "hotel" does not include a trailer park, camp, hospital, asylum, orphanage, or building where persons are housed under restraint.

Industry means storage, repair, manufacture, preparation or treatment of any article, substance, or any commodity for commercial use.

Institutional uses means those uses organized, established, used or intended to be used for the promotion of a public, religious, educational, charitable, cultural, social, or philanthropic activity and normally operated on a nonprofit basis.

Junk or salvage yard means a place where waste or discarded or salvage materials are bought, sold, exchanged, bailed, packed, disassembled or handled, including all wrecking yards, house wrecking yards, used lumberyards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment. The term "junk or salvage yard" does not include:

(1)

Such places where such uses are conducted entirely within a completely enclosed building;

(2)

Pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvage material incidental to manufacturing operations.

Kennel means any structure or premises on which three or more dogs over four months of age are kept.

Loading space means a space on the same lot as the principal use of at least ten feet in width and 30 feet in length and having a vertical clearance of at least 14 feet, designated for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

Lot means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this chapter, and having access on a public street.

Lot, corner, means a lot which has at least two adjacent sides abutting on a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.

Lot, depth, means the mean horizontal distance between the front and rear lot lines.

Lot, double frontage, means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

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

Lot line means any boundary of a lot.

Lot line, front, means the boundary of a lot which abuts a public street. Where the lot abuts more than one street, the owner may select the front lot line.

Lot line, rear, means the boundary of a lot which is most distant from and most nearly parallel to the front lot line.

Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record means a separate and distinct parcel designated on a legally recorded subdivision plat or a legally recorded deed filed in the records of the county.

Lot, wedge shaped, means a lot situated so that the front is either wider or narrower than the rear of the lot.

Mean lot elevation means the average elevation of a lot.

Medical facilities means any of the following:

Dental or medical clinic means a building used for the examination and treatment of the physically ill; provided that no facilities are provided for patients remaining overnight, except under emergency conditions.

Dental or doctor's office means the same as dental or medical clinic, including the various dental and medical specialties.

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

Nursing home, rest home or convalescent home. See Convalescent home.

Public health center means a facility primarily utilized by a health unit for providing public health services, including related facilities.

Mobile home and travel trailers shall be as defined in section 26-1 (mobile homes).

Mobile home park shall be defined in section 26-1.

Mobile home lot shall have the same definition as the term "mobile home space" in section 26-1.

Motel means an area containing one or more buildings designed or intended to be used as temporary sleeping facilities of one or more transient persons.

Open space means the area included in any side, rear, or front yard, or any other unoccupied space on a lot that is open and unobstructed to the sky, except for the ordinary projection of cornices and eaves of porches.

Parcel. See Lot.

Parking space means a permanently surfaced area of not less than 200 square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of motor vehicles.

Planning commission. See City planning commission.

Roominghouse. See Boardinghouse.

Sign means any word, lettering, part of letters, figures, numerals, phrases, sentences, emblems, devices, designs, pictures, trade names or trademarks by which anything is made known, such as are used to designate any individual, a firm, an association, a corporation, a profession, a business, a service, a commodity or a product, which are visible from any public street or right-of-way and designed to attract attention. The term "sign" includes "For Sale" and "For Rent" signs. The term "sign" does not include the flag, pennant, or insignia of any nation, state, city, or other political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event used for a public purpose in the public interest.

Sign, display surface area of, means the net geometric area of the surface of the sign upon, against or through which the message is displayed or illustrated, including the outward extremities of all letters, figures, characters and delineations, provided that only one face of a double-faced sign is included in the computation of display surface area.

Sign, illuminated, means a sign designed to give forth any artificial light or designed to reflect light from one or more sources, natural or artificial.

Sign, projecting, means a sign erected on the face or outside wall of a building which projects out at any angle therefrom.

Sign, temporary, means a sign of a temporary nature used to advertise the premises for sale, rent, or lease.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.

Street means a public right-of-way more than 30 feet in width which provides the primary public means of access to abutting property and used primarily for vehicular circulation.

Street, arterial, means any street designated on the thoroughfare plan as an arterial, primary arterial, secondary arterial, major street, etc.

Street, minor, means any street not designated on the thoroughfare plan as an arterial.

Structural alteration means any change in the structural members of a building, such as walls, columns, beams or girders.

Structure means anything constructed, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground (not including sidewalks, driveways and similar improvement areas).

Thoroughfare plan means the part of the comprehensive plan referring to transportation development goals, principles and standards. The term "thoroughfare plan" also includes the terms "major street plan" and "traffic ways plan."

Trailer means a portable or mobile unit, other than a mobile home, used or designed to carry or transport material or animals.

Yard means a required space on a lot unobstructed, except as expressly permitted.

Yard, front, means a yard extending across the full width of a lot, from side lot line to side lot line abutting on a street and into which a building may not protrude.

Yard, rear, means a yard extending across the rear of a lot, measured from side lot line to side lot line.

Yard, side, means a yard extending from the front yard to the rear yard and abutting the side lot line, into which no building may protrude.

(Code 1986, § 12-205; Code 2009, § 52-20; Ord. No. 217, 3-25-1975)

This chapter shall be known as and may be cited and referred to as the Zoning Chapter of the City of Broken Bow, Oklahoma.

(Code 1986, § 12-201; Code 2009, § 52-21; Ord. No. 217, 3-25-1975)

This chapter is enacted for the purposes of:

(1)

Promoting the health, safety, morals, and general welfare of the community;

(2)

Lessening congestion in the streets;

(3)

Securing safety from fire, panic, and other dangers;

(4)

Providing adequate light and air;

(5)

Preventing the overcrowding of land;

(6)

Avoiding undue concentration of population;

(7)

Facilitating the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;

(8)

Conserving the value of buildings and encouraging the most appropriate use of land throughout the community; and

(9)

Promoting the development of the community in accordance with a comprehensive plan.

(Code 1986, § 12-202; Code 2009, § 52-22; Ord. No. 217, 3-25-1975)

This chapter shall be in full force and effect in the corporate city limits. Territory annexed to the corporate city limits subsequent to the effective date of the ordinance from which this chapter is derived shall immediately be subject to the provisions of this chapter and shall be deemed to be designated as R-1A Single-Family Residential District until altered or reclassified in the manner provided by law.

(Code 1986, § 12-204; Code 2009, § 52-23; Ord. No. 217, 3-25-1975)