2 RULES AND DEFINITIONS
For the purpose of this title, words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory.
(Ord. No. 716, 4-4-2011)
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:
Abutting, in the context of notice, or of a screening or enclosure requirement, means contiguous or separated therefrom only by a nonarterial street, alley or railroad right-of-way. In other instances, the term "abutting" shall mean contiguous.
Accessory use bar means a commercial establishment open to the public which sells and serves alcoholic beverages, as defined herein, for consumption on the premises, but which is incidental and subordinate to a principal use restaurant, hotel or motel, and bars which are accessory to not-for-profit, bona fide lodges, posts, clubs, and fraternal, benevolent or charitable organizations.
Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
Alcoholic beverages means all beverages as so defined in 37 O.S.
All-weather material means a hard surface, dust-free material capable, during ordinary use, of withstanding, without substantial deterioration, normal weather conditions. Gravel, rock, or screenings alone, without the use of a petroleum or cement binder, does not meet the definition of an all-weather, dust-free material.
Alley means a permanent public way providing a secondary means of access for service or emergency vehicles.
Anchoring systems means a combination of ties, anchoring equipment and/or anchoring devices that are designed to resist overturning, uplift and lateral movement of a manufactured home from wind and water forces.
Antenna means a transmitting and/or receiving device used in telecommunications that radiates or captures a signal. The term "antennas" also includes antenna-supporting structures.
Antenna supporting structure means a telecommunications facility that consists of a stand-alone support structure which has, as its principal use, the support of antenna and associated equipment and improvements. The term "antenna-supporting structures" also includes antennas.
Anticipated development means full potential urbanization of the contributing watershed, considering the comprehensive plan and the reasonable assumption that, in considering the effects of a proposed development in a floodplain area, there will be an equal degree of encroachment extending for a significant reach on both sides of the stream or watercourse.
Arterial means a street designated on the major street plan as a primary arterial or secondary arterial.
Assisted living center means 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 centers 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 centers also typically provide features that enhance the resident's 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.
Average ground elevation means the midpoint between the highest and lowest ground elevations at the building wall.
Bar/tavern means a commercial establishment open to the general public which sells and serves alcoholic beverages for consumption on the premises.
Beer bar means a commercial establishment open to the general public which sells and serves beer for consumption on the premises.
Billiard center, family, means a principal use billiard facility which caters to families and which excludes the sale and consumption of alcoholic beverages on the premises.
Billiard hall/pool hall means a principal use billiard facility, open to the general public, and which sells and serves alcoholic beverages on the premises.
Board of Adjustment (BOA) means the Board of Adjustment of the City.
Editor's note—See CCC 12-3A.
Building means 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 code means those codes and regulations adopted by the City pertaining to requirements for construction of buildings and structures.
Editor's note—See CCC 11-1-1.
Building setback means 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.
Caliper means 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.
Cannabis, also known as "marijuana" among other names, means a psychoactive drug from the cannabis plant intended for medical or recreational use.
Cannabis business means an entity engaged in the cultivation, possession, manufacture, distribution, processing, storage, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products for commercial purposes.
Cannabis cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.
Cannabis retail means a facility where medical or adult use cannabis or adult use cannabis products are offered, either individually or in combination, for retail sale, including an establishment that delivers cannabis or cannabis products as part of a retail sale; also known as a "cannabis dispensary."
Care home means premises used for the housing and caring for the aged or infirmed, and includes convalescent homes, homes for the aged, and nursing homes.
Character means any letter of the alphabet or any numeral.
City Council means the City Council of the City of Coweta.
Code Enforcement Officer/Building Inspector means the enforcement officer designated by the City Manager of the City of Coweta to enforce this title and related ordinances.
Commercial mixed-use development means any development containing a combination of uses permitted by right, special exception, planned unit development (PUD) or specific use permit.
Community group home means 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 to 12 resident mentally ill or intellectually disabled and/or physically limited persons with at least one, but not more than three, resident staff persons. Personal care and rehabilitation services excludes on-site institutional-type educational training, medical or nursing care.
Comprehensive plan means the official plan for the physical development of the City as originally adopted in 1994 and as amended thereafter.
Copy area means the net geometric area enclosed by the smallest rectangles encompassing the outer extremities of all letters, figures, characters and delineations contained in a sign.
Curb level means the mean level of the established curb at the frontage of a lot. Where no curb has been established, the City Engineer shall establish such curb level or its equivalent for the purposes of this title.
Customary residential exterior finishing materials means roof and siding materials traditionally used to provide the finished exterior of single-family dwellings. Customary roofing materials include composition shingles, fiberglass shingles, wood shingles (shakes), and clay tile applied according to the manufacturer's specifications. Customary siding materials include aluminum lap or vinyl lap siding, cedar or other wood siding, masonry (stucco, brick, stone, block, tilt-up panel) and woodgrain, weather-resistant pressboard siding.
Dance hall means a commercial establishment open to the general public which provides a dance area of 1,000 square feet or more.
Day nursery means any agency, institution, center, home, nursery, nursery school, kindergarten, play school, or other place, however styled and whether operated under public auspices, as a private business or by an established religious denomination, in which are received, for temporary custodial care, apart from their parents part of the day or all of the day or night, and upon any number of successive days, one or more children not related to the persons providing such temporary custodial care, and which comply with the licensing requirements of the State Health Department, but excluding family daycare homes.
Designated residential development area means an area specifically designated for residential development by conditions imposed in a planned unit development (PUD) supplemental district.
Detention/correctional facility means a facility for the detention, confinement, treatment and/or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, pre-release center, correctional community treatment center, jail and prison.
Development means 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 means the surface of a sign upon, against or through which the message is displayed or illustrated.
Display surface area means the net geometric area enclosed by the display surface of a 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 a sign, provided that as applied to wall or canopy signs having a nonilluminated background, the term "display surface area" shall mean copy area.
Dripline means 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.
Dwelling means a building or structure used in whole or in part for human habitation.
Dwelling, duplex, means a building containing two dwelling units, designed for occupancy by not more than two families.
Dwelling, manufactured home, means a residential manufactured dwelling, built in accordance with the Federal Manufactured Home Construction and Safety Standards which is either:
Dwelling, mobile home, See definition of Dwelling, manufactured home.
Dwelling, modular, means a manufactured dwelling partially preassembled into two or more sections, none of which is habitable individually, permanently joined together and utilize customary residential siding and roofing materials, built to Building Code standards as adopted by the City, and are either units designed to be transported and installed on permanent foundations; or chassis/under-carriage units designed to be towed or structurally capable of being towed on wheels and installed on permanent foundations after all hitches, running gear and chassis have been removed. The term, "sections" in the phrase "two or more sections" in this definition shall mean sections of wall framing, roof framing, or floor framing. Porches and fixtures do not constitute a section for purposes of this definition.
Editor's note—See CCC 11-1-1.
Dwelling, multifamily, means a building containing three or more dwelling units.
Dwelling, row house means:
Dwelling, single-family, means a building, other than a mobile/manufactured/modular home dwelling, containing one dwelling unit designed for occupancy by not more than one family.
Dwelling, townhouse, means a building containing two or more attached dwelling units with no unit above another unit and each unit located on a separate lot within a townhouse development.
Dwelling unit 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.
Elderly/retirement housing means a residential complex containing multifamily dwellings designed for and principally occupied by senior citizens. Such facilities may include a congregate meals program in a common dining area but exclude institutional care such as medical or nursing care and are distinguished from a life care retirement center, as defined in this section.
Emergency and protective shelter means a residential facility which provides room and board for a temporary (30 days or less) period, protection counseling, and pre-placement screening for abused, displaced, or transient children or adults.
Family means one or more persons occupying a single dwelling unit, provided that, unless all members are related by blood, marriage, or adoption, no such family shall contain over six persons; but further provided that domestic servants may be housed on the premises without being designated as a family.
Family daycare home means a dwelling used to house and provide supervision and care for five children, said total to include those preschool children under five years of age who reside in the residence.
Flashing illumination means a light source or other image which, in whole or in part, physically changes in light intensity or gives the appearance of such change.
Flood means a temporary rise in stream level that results in inundation of areas not ordinarily covered by water.
Flood, regulatory, means a flood having a one percent chance of being equaled or exceeded in any given year based upon the full potential urbanization of the contributing watershed considering the comprehensive plan, adopted floodplain management policies and the watershed master drainage plan where adopted.
Floodway means the channel of a river or other watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regulatory flood.
Floor area means the sum of the gross horizontal areas of the several floors, including basements, of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Provided, that for the purpose of determining compliance with the permitted floor area, the floor area of enclosed required off-street parking areas shall not be included.
Floor area ratio means the floor area of a building or buildings on a lot divided by the lot area.
Foster home means a dwelling used in whole or in part as living quarters for a household, including one or more minor children placed by a licensed child placement agency who are not members of the family occupying said dwelling but are under their supervision. Further provided, that a maximum of five children are allowed to reside in the home including any natural children living in the home, if any children in the home are age two or younger. If no children are under two years, the maximum number of children residing in the home is six.
Freeway means a street designated as a freeway on the major street plan.
Freeway sign corridor means an area 40 feet in width on each side of and adjacent to the publicly acquired right-of-way of a freeway.
Frontage means the linear measurement of a lot boundary which abuts a public 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.
Habitable floor means 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.
Halfway house means a building used in whole or in part as a treatment center and dwelling quarters for persons unrelated by blood or marriage who are undergoing care or rehabilitation for alcoholism or other forms of drug abuse.
Height, building, means 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 CCC 12-5-8 shall apply.
Home occupation means any occupation or profession carried on by the inhabitants 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 buildings, provided that no trading in merchandise is carried on and in conjunction with which there is no advertising or display of merchandise. There shall be no mechanical equipment used or activity conducted which creates any noise, dust, or odor or electrical disturbance beyond the confines of the lot on which said occupation is conducted.
Homeowners' or property owners' association means an incorporated nonprofit organization, to include nonresidential property owners, operating under recorded land agreements through which:
Junkyards and salvage yards means open areas, lots, land, parcels, buildings or structures, or parts thereof, where wastes or used or secondhand materials are bought, collected, abandoned, sold, exchanged, stored, processed, crushed or handled. Materials shall include, but are not limited to, the following: used lumber, scrap iron and other metals, paper, plastic, rags, rubber tires, salvaged or dismantled vehicles, machinery, vehicular parts, bottles and cans and discarded goods.
Kennel means any premises operated for profit where there is being maintained or harbored more than five dogs or cats, or combination of both, aged over three months, except veterinary hospitals.
Land area means the area of a lot plus one-half or 30 feet, whichever is less, of the right-of-way of any abutting street to which the lot has access.
Land coverage means the land area of a lot covered by buildings, except structural parking.
Landscaped area means 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 means 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 as an intermediate care facility or a skilled nursing center.
Livability space means 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 an off-street parking or loading area.
Loading berth, off-street, means a space of at least ten feet in width and 30 feet in length and having a vertical clearance of at least 14 feet, designed and located on a lot for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
Lot means a lot of record.
Lot area means the total horizontal area included within lot lines.
Lot, corner, means a lot of which at least two adjacent sides abut for their full lengths on a street.
Lot depth means the average distance from the street line of the lot to its rear line, measured in the general direction of the sidelines of the lot.
Lot, double frontage, means a lot other than a corner lot with frontage on more than one street other than an alley.
Lot, interior, means a lot other than a corner lot with only one frontage on a street.
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 lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Wagoner County or a parcel of land, the deed of which is recorded in the office of the County Clerk of Wagoner County.
Lot width means the average horizontal distance between the side lot lines.
Major street plan means the City major street and highway plan, as adopted by the City Council, or as it may hereafter be amended by ordinance. See CCC 9-1-1.
Manufactured home. See Dwelling, manufactured home.
Manufactured home park means land or property which is used or intended to be used or rented for occupancy by one or more manufactured homes or movable sleeping quarters of any kind.
Marijuana. See Cannabis.
Marijuana growing facility. See Cannabis cultivation.
Marijuana processing facility. See Cannabis business.
Marijuana retail. See Cannabis retail.
Massage parlor, nontherapeutic, means any place where, for any form of consideration or gratuity, nontherapeutic massage, alcohol rub, administration of fomentation, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as a part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.
Massage, therapeutic, means systems of activity applied to the soft tissue of the body for therapeutic, educational, or relaxation purposes. Any person administering such systems shall be certified as having successfully completed the National Board of Massage Therapists and Body Work program, or in the alternative, certified as having completed such a program as offered by a school licensed by the Oklahoma Board of Private Vocational Schools.
Mini-storage means 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.
Mobile home. See Dwelling, manufactured home.
Modular home. See Dwelling, modular.
N/A means not applicable.
NEC means not elsewhere classified.
Nameplate means a sign attached flush against a building identifying the name of the building or the name of an occupant thereof.
Neighborhood group home means a home for independent living with support personnel that provides room and board, personal care and habilitation services in a family environment as a single-housekeeping unit for not more than five resident mentally ill or intellectually disabled and/or physically limited persons with at least one, but not more than two, resident staff persons. Personal care and habilitation services excludes on-site institutional-type educational training, medical or nursing care.
Nightclub means a commercial establishment open to the general public, usually serving alcoholic beverages, usually having a floor show and usually providing music and a space for dancing.
Nonconformance means 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 means 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 means a residential healthcare facility, licensed and regulated by the state, which provides lodging, personal care and supervision for aged, chronically ill, physically infirm or convalescent patients.
Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
One hundred year frequency flood means a flood having an average frequency of occurrence once in 100 years, although the flood may occur in any year, based on statistical analyses of stream flow records available for the watershed and analyses of rainfall and run-off characteristics in the general region of the watershed, as predicted by the City Engineer, or as predicted by the U.S. Army Corps of Engineers and confirmed by the City Engineer.
Parking space, off-street, means a space on a lot intended and reserved for the parking of an automobile. Such space shall be at least nine feet in width and at least 20 feet in length, exclusive of access drives or aisles. Such space shall have a vertical clearance of at least six feet six inches.
Parking space, required off-street, means a space on a lot reserved for parking required by this title.
Permanent foundation means a foundation which meets the Building Codes of the City.
Personal care means assistance with meals, dressing, movement, bathing or other personal needs or maintenance, or general supervision of the physical and mental well-being of a person who is incapable of maintaining a private, independent residence, or who is incapable of managing his person, whether or not a guardian has been appointed for such person.
Planned unit development (PUD) means a discretionary type of development for a tract of land under single ownership or control, based upon an approved development plan permitting flexibility of principal land uses, lot sizes, and accessory uses not otherwise available under conventional development standards.
Planning Commission means the City Planning Commission.
Editor's note—See CCC 2-1.
Pole barn means an accessory agricultural building which may be enclosed on not more than three sides used for the storage of farm machinery and implements, feed or such other agricultural materials and supplies.
Principal use restaurant means an eating establishment which employs at least one full-time cook, has a menu, has a fully equipped kitchen for cooking and preparation of meals and which eating establishment, including the kitchen area but excluding the bar area, occupies at least 75 percent of the total floor area of the business.
Private club means a private commercial establishment open to members and their guests only and not open to the general public which is operated for profit and which sells and serves alcoholic beverages for consumption on the premises.
Recreational vehicle (RV) means 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.
Residential treatment center means a facility providing diagnostic or therapeutic services, counseling, or treatment and long-term room and board in a highly structured environment for its residents for substance abuse or dependency, or behavioral disorders.
Rest home. See Care home.
Rooming and boarding house means a facility wherein congregate meals and lodging are provided for its residents, limited to a maximum of six or fewer guests, providing overnight accommodations and meals, excluding such supervised living or residential care facilities as elsewhere defined (e.g., nursing home, group home, transitional living center, residential treatment center, etc.), and exclusive of a hotel or motel.
Sanitarium means an institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.
Service organizations, clubs or lodges means organizations, clubs or lodges wherein the chief activity is providing a service and which is not operated as a business for profit, and which holds and maintains an income tax exempt status.
Setback means 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 such as parking area, the setback shall, in its application, include, but not be limited to, buildings.
Sexually oriented business means amusement or entertainment which is distinguished or characterized by an emphasis on acts depicting, describing or relating to sexual conduct or specified anatomical areas, including, but not limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment; or on display or for sale any materials, devices, novelties, or paraphernalia designed or marketed primarily for use to stimulate human genital organs or for use in connection with sadomasochistic practices.
Site development plan means a plan, drawn at a scale of not less than one inch equals 100 feet, which shows the topographic characteristics of the site; the location and dimensions of buildings, yards, courts, parking spaces and other features; the use of each building and area; adjacent streets, alleys, utility drainage and other easements; and the relationship of the development of adjacent areas which it may affect.
Small brewer means a brewer who manufactures less than 25,000 barrels of beer annually pursuant to a validly issued small brewer license.
Editor's note—See CCC 4-2.
Special exception means a use or a design element of a use which is not permitted by right in a particular district because of potential adverse effect, 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 this title, and in accordance with the substantive and procedural standards of this title.
Specific use permit (SUP) means a classification assigned to a particular use that requires such use to be subject to a public hearing and review by the Planning Commission. Final approval is required by the City Council as specified in CCC 12-3D. Specific use permit uses are not permitted by right or special exception in any zoning district because of the potential adverse effects. However, if such adverse effects are controlled in that particular instance as to its relationship to the surrounding area and to the general welfare, a specific use permit may be permitted in accordance with the substantive and procedural standards of this title.
Story means a room or set of rooms on one floor level of a building.
Street means a public thoroughfare designed to provide the principal means of access to abutting property or designed to serve as a roadway for vehicular travel, or both, but excluding alleys.
Street wall means the wall or part of the building nearest to the street line.
Structure means 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.
Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started; or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition the term "substantial improvement" is considered to occur when the first alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either 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 ensure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or the state inventory of historic places.
Supplemental district means a zoning district to be mapped as an overlay to a use district and which modifies or supplements the regulations of the general district in recognition of distinguishing circumstances such as unit development or flooding propensity while maintaining the character and purposes of the general use district area over which it is superimposed.
Top plate means the horizontal timber directly carrying the trusses of a roof or the rafters.
Townhouse. See Dwelling, townhouse.
Townhouse development means a row of at least three attached dwelling units, each separated by a party wall on individual lots and designed for separate ownership of the individual dwelling units, with no separate dwelling unit constructed above another dwelling unit, provided that in a development of six or more units, a row of two attached dwelling units may be constructed thereon.
Transitional living center means a noninstitutional neighborhood-based residential facility that provides short-term (120 days or less) room and board in a supervised living environment utilizing counseling and rehabilitation services for persons with a history of juvenile delinquency, behavioral disorders, alcoholism or substance abuse.
Tree means a woody plant as set forth within a list of trees adopted by resolution and as included in CCC 12-14.
Variance means a relaxation of a restriction of this title, 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 this title restriction would result in unnecessary hardship.
Veterinarian clinic means a building used exclusively for the care and treatment of small animals, including incidental boarding of animals within the enclosed building, but excluding outside animal runs.
Veterinarian hospital means a building or portion of a building used for the care and treatment of animals, primarily in the livestock classification, which may include outside animal runs and boarding services.
Yard means an open, unoccupied space on a lot between a building and a lot line.
Yard, exterior side, means the side yard of a corner lot which abuts a street.
Yard, front, means a yard extending along the full length of the front lot lines between the side lot lines.
Yard, interior side, means the side yard of a lot which does not abut a street.
Yard, rear, means a yard extending along the full length of the rear lot line between the side lot lines.
Yard, required, means the minimum permitted distance of open unoccupied space between a building and a lot line.
Yard, side, means a yard extending along a side lot line between the front yard and the rear yard.
Zoning code means the Zoning code of the City, and referred to herein as "this title" unless the text clearly indicates otherwise.
(Ord. No. 716, 4-4-2011; Ord. No. 806, 8-6-2018; Ord. No. 809, 9-10-2018; altered in 2023 recodification)
Editor's note—See also CCC 12-13-3 for sign definitions.
2 RULES AND DEFINITIONS
For the purpose of this title, words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory.
(Ord. No. 716, 4-4-2011)
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:
Abutting, in the context of notice, or of a screening or enclosure requirement, means contiguous or separated therefrom only by a nonarterial street, alley or railroad right-of-way. In other instances, the term "abutting" shall mean contiguous.
Accessory use bar means a commercial establishment open to the public which sells and serves alcoholic beverages, as defined herein, for consumption on the premises, but which is incidental and subordinate to a principal use restaurant, hotel or motel, and bars which are accessory to not-for-profit, bona fide lodges, posts, clubs, and fraternal, benevolent or charitable organizations.
Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
Alcoholic beverages means all beverages as so defined in 37 O.S.
All-weather material means a hard surface, dust-free material capable, during ordinary use, of withstanding, without substantial deterioration, normal weather conditions. Gravel, rock, or screenings alone, without the use of a petroleum or cement binder, does not meet the definition of an all-weather, dust-free material.
Alley means a permanent public way providing a secondary means of access for service or emergency vehicles.
Anchoring systems means a combination of ties, anchoring equipment and/or anchoring devices that are designed to resist overturning, uplift and lateral movement of a manufactured home from wind and water forces.
Antenna means a transmitting and/or receiving device used in telecommunications that radiates or captures a signal. The term "antennas" also includes antenna-supporting structures.
Antenna supporting structure means a telecommunications facility that consists of a stand-alone support structure which has, as its principal use, the support of antenna and associated equipment and improvements. The term "antenna-supporting structures" also includes antennas.
Anticipated development means full potential urbanization of the contributing watershed, considering the comprehensive plan and the reasonable assumption that, in considering the effects of a proposed development in a floodplain area, there will be an equal degree of encroachment extending for a significant reach on both sides of the stream or watercourse.
Arterial means a street designated on the major street plan as a primary arterial or secondary arterial.
Assisted living center means 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 centers 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 centers also typically provide features that enhance the resident's 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.
Average ground elevation means the midpoint between the highest and lowest ground elevations at the building wall.
Bar/tavern means a commercial establishment open to the general public which sells and serves alcoholic beverages for consumption on the premises.
Beer bar means a commercial establishment open to the general public which sells and serves beer for consumption on the premises.
Billiard center, family, means a principal use billiard facility which caters to families and which excludes the sale and consumption of alcoholic beverages on the premises.
Billiard hall/pool hall means a principal use billiard facility, open to the general public, and which sells and serves alcoholic beverages on the premises.
Board of Adjustment (BOA) means the Board of Adjustment of the City.
Editor's note—See CCC 12-3A.
Building means 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 code means those codes and regulations adopted by the City pertaining to requirements for construction of buildings and structures.
Editor's note—See CCC 11-1-1.
Building setback means 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.
Caliper means 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.
Cannabis, also known as "marijuana" among other names, means a psychoactive drug from the cannabis plant intended for medical or recreational use.
Cannabis business means an entity engaged in the cultivation, possession, manufacture, distribution, processing, storage, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products for commercial purposes.
Cannabis cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.
Cannabis retail means a facility where medical or adult use cannabis or adult use cannabis products are offered, either individually or in combination, for retail sale, including an establishment that delivers cannabis or cannabis products as part of a retail sale; also known as a "cannabis dispensary."
Care home means premises used for the housing and caring for the aged or infirmed, and includes convalescent homes, homes for the aged, and nursing homes.
Character means any letter of the alphabet or any numeral.
City Council means the City Council of the City of Coweta.
Code Enforcement Officer/Building Inspector means the enforcement officer designated by the City Manager of the City of Coweta to enforce this title and related ordinances.
Commercial mixed-use development means any development containing a combination of uses permitted by right, special exception, planned unit development (PUD) or specific use permit.
Community group home means 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 to 12 resident mentally ill or intellectually disabled and/or physically limited persons with at least one, but not more than three, resident staff persons. Personal care and rehabilitation services excludes on-site institutional-type educational training, medical or nursing care.
Comprehensive plan means the official plan for the physical development of the City as originally adopted in 1994 and as amended thereafter.
Copy area means the net geometric area enclosed by the smallest rectangles encompassing the outer extremities of all letters, figures, characters and delineations contained in a sign.
Curb level means the mean level of the established curb at the frontage of a lot. Where no curb has been established, the City Engineer shall establish such curb level or its equivalent for the purposes of this title.
Customary residential exterior finishing materials means roof and siding materials traditionally used to provide the finished exterior of single-family dwellings. Customary roofing materials include composition shingles, fiberglass shingles, wood shingles (shakes), and clay tile applied according to the manufacturer's specifications. Customary siding materials include aluminum lap or vinyl lap siding, cedar or other wood siding, masonry (stucco, brick, stone, block, tilt-up panel) and woodgrain, weather-resistant pressboard siding.
Dance hall means a commercial establishment open to the general public which provides a dance area of 1,000 square feet or more.
Day nursery means any agency, institution, center, home, nursery, nursery school, kindergarten, play school, or other place, however styled and whether operated under public auspices, as a private business or by an established religious denomination, in which are received, for temporary custodial care, apart from their parents part of the day or all of the day or night, and upon any number of successive days, one or more children not related to the persons providing such temporary custodial care, and which comply with the licensing requirements of the State Health Department, but excluding family daycare homes.
Designated residential development area means an area specifically designated for residential development by conditions imposed in a planned unit development (PUD) supplemental district.
Detention/correctional facility means a facility for the detention, confinement, treatment and/or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, pre-release center, correctional community treatment center, jail and prison.
Development means 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 means the surface of a sign upon, against or through which the message is displayed or illustrated.
Display surface area means the net geometric area enclosed by the display surface of a 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 a sign, provided that as applied to wall or canopy signs having a nonilluminated background, the term "display surface area" shall mean copy area.
Dripline means 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.
Dwelling means a building or structure used in whole or in part for human habitation.
Dwelling, duplex, means a building containing two dwelling units, designed for occupancy by not more than two families.
Dwelling, manufactured home, means a residential manufactured dwelling, built in accordance with the Federal Manufactured Home Construction and Safety Standards which is either:
Dwelling, mobile home, See definition of Dwelling, manufactured home.
Dwelling, modular, means a manufactured dwelling partially preassembled into two or more sections, none of which is habitable individually, permanently joined together and utilize customary residential siding and roofing materials, built to Building Code standards as adopted by the City, and are either units designed to be transported and installed on permanent foundations; or chassis/under-carriage units designed to be towed or structurally capable of being towed on wheels and installed on permanent foundations after all hitches, running gear and chassis have been removed. The term, "sections" in the phrase "two or more sections" in this definition shall mean sections of wall framing, roof framing, or floor framing. Porches and fixtures do not constitute a section for purposes of this definition.
Editor's note—See CCC 11-1-1.
Dwelling, multifamily, means a building containing three or more dwelling units.
Dwelling, row house means:
Dwelling, single-family, means a building, other than a mobile/manufactured/modular home dwelling, containing one dwelling unit designed for occupancy by not more than one family.
Dwelling, townhouse, means a building containing two or more attached dwelling units with no unit above another unit and each unit located on a separate lot within a townhouse development.
Dwelling unit 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.
Elderly/retirement housing means a residential complex containing multifamily dwellings designed for and principally occupied by senior citizens. Such facilities may include a congregate meals program in a common dining area but exclude institutional care such as medical or nursing care and are distinguished from a life care retirement center, as defined in this section.
Emergency and protective shelter means a residential facility which provides room and board for a temporary (30 days or less) period, protection counseling, and pre-placement screening for abused, displaced, or transient children or adults.
Family means one or more persons occupying a single dwelling unit, provided that, unless all members are related by blood, marriage, or adoption, no such family shall contain over six persons; but further provided that domestic servants may be housed on the premises without being designated as a family.
Family daycare home means a dwelling used to house and provide supervision and care for five children, said total to include those preschool children under five years of age who reside in the residence.
Flashing illumination means a light source or other image which, in whole or in part, physically changes in light intensity or gives the appearance of such change.
Flood means a temporary rise in stream level that results in inundation of areas not ordinarily covered by water.
Flood, regulatory, means a flood having a one percent chance of being equaled or exceeded in any given year based upon the full potential urbanization of the contributing watershed considering the comprehensive plan, adopted floodplain management policies and the watershed master drainage plan where adopted.
Floodway means the channel of a river or other watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regulatory flood.
Floor area means the sum of the gross horizontal areas of the several floors, including basements, of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Provided, that for the purpose of determining compliance with the permitted floor area, the floor area of enclosed required off-street parking areas shall not be included.
Floor area ratio means the floor area of a building or buildings on a lot divided by the lot area.
Foster home means a dwelling used in whole or in part as living quarters for a household, including one or more minor children placed by a licensed child placement agency who are not members of the family occupying said dwelling but are under their supervision. Further provided, that a maximum of five children are allowed to reside in the home including any natural children living in the home, if any children in the home are age two or younger. If no children are under two years, the maximum number of children residing in the home is six.
Freeway means a street designated as a freeway on the major street plan.
Freeway sign corridor means an area 40 feet in width on each side of and adjacent to the publicly acquired right-of-way of a freeway.
Frontage means the linear measurement of a lot boundary which abuts a public 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.
Habitable floor means 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.
Halfway house means a building used in whole or in part as a treatment center and dwelling quarters for persons unrelated by blood or marriage who are undergoing care or rehabilitation for alcoholism or other forms of drug abuse.
Height, building, means 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 CCC 12-5-8 shall apply.
Home occupation means any occupation or profession carried on by the inhabitants 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 buildings, provided that no trading in merchandise is carried on and in conjunction with which there is no advertising or display of merchandise. There shall be no mechanical equipment used or activity conducted which creates any noise, dust, or odor or electrical disturbance beyond the confines of the lot on which said occupation is conducted.
Homeowners' or property owners' association means an incorporated nonprofit organization, to include nonresidential property owners, operating under recorded land agreements through which:
Junkyards and salvage yards means open areas, lots, land, parcels, buildings or structures, or parts thereof, where wastes or used or secondhand materials are bought, collected, abandoned, sold, exchanged, stored, processed, crushed or handled. Materials shall include, but are not limited to, the following: used lumber, scrap iron and other metals, paper, plastic, rags, rubber tires, salvaged or dismantled vehicles, machinery, vehicular parts, bottles and cans and discarded goods.
Kennel means any premises operated for profit where there is being maintained or harbored more than five dogs or cats, or combination of both, aged over three months, except veterinary hospitals.
Land area means the area of a lot plus one-half or 30 feet, whichever is less, of the right-of-way of any abutting street to which the lot has access.
Land coverage means the land area of a lot covered by buildings, except structural parking.
Landscaped area means 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 means 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 as an intermediate care facility or a skilled nursing center.
Livability space means 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 an off-street parking or loading area.
Loading berth, off-street, means a space of at least ten feet in width and 30 feet in length and having a vertical clearance of at least 14 feet, designed and located on a lot for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
Lot means a lot of record.
Lot area means the total horizontal area included within lot lines.
Lot, corner, means a lot of which at least two adjacent sides abut for their full lengths on a street.
Lot depth means the average distance from the street line of the lot to its rear line, measured in the general direction of the sidelines of the lot.
Lot, double frontage, means a lot other than a corner lot with frontage on more than one street other than an alley.
Lot, interior, means a lot other than a corner lot with only one frontage on a street.
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 lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Wagoner County or a parcel of land, the deed of which is recorded in the office of the County Clerk of Wagoner County.
Lot width means the average horizontal distance between the side lot lines.
Major street plan means the City major street and highway plan, as adopted by the City Council, or as it may hereafter be amended by ordinance. See CCC 9-1-1.
Manufactured home. See Dwelling, manufactured home.
Manufactured home park means land or property which is used or intended to be used or rented for occupancy by one or more manufactured homes or movable sleeping quarters of any kind.
Marijuana. See Cannabis.
Marijuana growing facility. See Cannabis cultivation.
Marijuana processing facility. See Cannabis business.
Marijuana retail. See Cannabis retail.
Massage parlor, nontherapeutic, means any place where, for any form of consideration or gratuity, nontherapeutic massage, alcohol rub, administration of fomentation, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as a part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.
Massage, therapeutic, means systems of activity applied to the soft tissue of the body for therapeutic, educational, or relaxation purposes. Any person administering such systems shall be certified as having successfully completed the National Board of Massage Therapists and Body Work program, or in the alternative, certified as having completed such a program as offered by a school licensed by the Oklahoma Board of Private Vocational Schools.
Mini-storage means 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.
Mobile home. See Dwelling, manufactured home.
Modular home. See Dwelling, modular.
N/A means not applicable.
NEC means not elsewhere classified.
Nameplate means a sign attached flush against a building identifying the name of the building or the name of an occupant thereof.
Neighborhood group home means a home for independent living with support personnel that provides room and board, personal care and habilitation services in a family environment as a single-housekeeping unit for not more than five resident mentally ill or intellectually disabled and/or physically limited persons with at least one, but not more than two, resident staff persons. Personal care and habilitation services excludes on-site institutional-type educational training, medical or nursing care.
Nightclub means a commercial establishment open to the general public, usually serving alcoholic beverages, usually having a floor show and usually providing music and a space for dancing.
Nonconformance means 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 means 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 means a residential healthcare facility, licensed and regulated by the state, which provides lodging, personal care and supervision for aged, chronically ill, physically infirm or convalescent patients.
Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
One hundred year frequency flood means a flood having an average frequency of occurrence once in 100 years, although the flood may occur in any year, based on statistical analyses of stream flow records available for the watershed and analyses of rainfall and run-off characteristics in the general region of the watershed, as predicted by the City Engineer, or as predicted by the U.S. Army Corps of Engineers and confirmed by the City Engineer.
Parking space, off-street, means a space on a lot intended and reserved for the parking of an automobile. Such space shall be at least nine feet in width and at least 20 feet in length, exclusive of access drives or aisles. Such space shall have a vertical clearance of at least six feet six inches.
Parking space, required off-street, means a space on a lot reserved for parking required by this title.
Permanent foundation means a foundation which meets the Building Codes of the City.
Personal care means assistance with meals, dressing, movement, bathing or other personal needs or maintenance, or general supervision of the physical and mental well-being of a person who is incapable of maintaining a private, independent residence, or who is incapable of managing his person, whether or not a guardian has been appointed for such person.
Planned unit development (PUD) means a discretionary type of development for a tract of land under single ownership or control, based upon an approved development plan permitting flexibility of principal land uses, lot sizes, and accessory uses not otherwise available under conventional development standards.
Planning Commission means the City Planning Commission.
Editor's note—See CCC 2-1.
Pole barn means an accessory agricultural building which may be enclosed on not more than three sides used for the storage of farm machinery and implements, feed or such other agricultural materials and supplies.
Principal use restaurant means an eating establishment which employs at least one full-time cook, has a menu, has a fully equipped kitchen for cooking and preparation of meals and which eating establishment, including the kitchen area but excluding the bar area, occupies at least 75 percent of the total floor area of the business.
Private club means a private commercial establishment open to members and their guests only and not open to the general public which is operated for profit and which sells and serves alcoholic beverages for consumption on the premises.
Recreational vehicle (RV) means 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.
Residential treatment center means a facility providing diagnostic or therapeutic services, counseling, or treatment and long-term room and board in a highly structured environment for its residents for substance abuse or dependency, or behavioral disorders.
Rest home. See Care home.
Rooming and boarding house means a facility wherein congregate meals and lodging are provided for its residents, limited to a maximum of six or fewer guests, providing overnight accommodations and meals, excluding such supervised living or residential care facilities as elsewhere defined (e.g., nursing home, group home, transitional living center, residential treatment center, etc.), and exclusive of a hotel or motel.
Sanitarium means an institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.
Service organizations, clubs or lodges means organizations, clubs or lodges wherein the chief activity is providing a service and which is not operated as a business for profit, and which holds and maintains an income tax exempt status.
Setback means 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 such as parking area, the setback shall, in its application, include, but not be limited to, buildings.
Sexually oriented business means amusement or entertainment which is distinguished or characterized by an emphasis on acts depicting, describing or relating to sexual conduct or specified anatomical areas, including, but not limited to, topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment; or on display or for sale any materials, devices, novelties, or paraphernalia designed or marketed primarily for use to stimulate human genital organs or for use in connection with sadomasochistic practices.
Site development plan means a plan, drawn at a scale of not less than one inch equals 100 feet, which shows the topographic characteristics of the site; the location and dimensions of buildings, yards, courts, parking spaces and other features; the use of each building and area; adjacent streets, alleys, utility drainage and other easements; and the relationship of the development of adjacent areas which it may affect.
Small brewer means a brewer who manufactures less than 25,000 barrels of beer annually pursuant to a validly issued small brewer license.
Editor's note—See CCC 4-2.
Special exception means a use or a design element of a use which is not permitted by right in a particular district because of potential adverse effect, 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 this title, and in accordance with the substantive and procedural standards of this title.
Specific use permit (SUP) means a classification assigned to a particular use that requires such use to be subject to a public hearing and review by the Planning Commission. Final approval is required by the City Council as specified in CCC 12-3D. Specific use permit uses are not permitted by right or special exception in any zoning district because of the potential adverse effects. However, if such adverse effects are controlled in that particular instance as to its relationship to the surrounding area and to the general welfare, a specific use permit may be permitted in accordance with the substantive and procedural standards of this title.
Story means a room or set of rooms on one floor level of a building.
Street means a public thoroughfare designed to provide the principal means of access to abutting property or designed to serve as a roadway for vehicular travel, or both, but excluding alleys.
Street wall means the wall or part of the building nearest to the street line.
Structure means 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.
Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started; or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition the term "substantial improvement" is considered to occur when the first alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either 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 ensure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or the state inventory of historic places.
Supplemental district means a zoning district to be mapped as an overlay to a use district and which modifies or supplements the regulations of the general district in recognition of distinguishing circumstances such as unit development or flooding propensity while maintaining the character and purposes of the general use district area over which it is superimposed.
Top plate means the horizontal timber directly carrying the trusses of a roof or the rafters.
Townhouse. See Dwelling, townhouse.
Townhouse development means a row of at least three attached dwelling units, each separated by a party wall on individual lots and designed for separate ownership of the individual dwelling units, with no separate dwelling unit constructed above another dwelling unit, provided that in a development of six or more units, a row of two attached dwelling units may be constructed thereon.
Transitional living center means a noninstitutional neighborhood-based residential facility that provides short-term (120 days or less) room and board in a supervised living environment utilizing counseling and rehabilitation services for persons with a history of juvenile delinquency, behavioral disorders, alcoholism or substance abuse.
Tree means a woody plant as set forth within a list of trees adopted by resolution and as included in CCC 12-14.
Variance means a relaxation of a restriction of this title, 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 this title restriction would result in unnecessary hardship.
Veterinarian clinic means a building used exclusively for the care and treatment of small animals, including incidental boarding of animals within the enclosed building, but excluding outside animal runs.
Veterinarian hospital means a building or portion of a building used for the care and treatment of animals, primarily in the livestock classification, which may include outside animal runs and boarding services.
Yard means an open, unoccupied space on a lot between a building and a lot line.
Yard, exterior side, means the side yard of a corner lot which abuts a street.
Yard, front, means a yard extending along the full length of the front lot lines between the side lot lines.
Yard, interior side, means the side yard of a lot which does not abut a street.
Yard, rear, means a yard extending along the full length of the rear lot line between the side lot lines.
Yard, required, means the minimum permitted distance of open unoccupied space between a building and a lot line.
Yard, side, means a yard extending along a side lot line between the front yard and the rear yard.
Zoning code means the Zoning code of the City, and referred to herein as "this title" unless the text clearly indicates otherwise.
(Ord. No. 716, 4-4-2011; Ord. No. 806, 8-6-2018; Ord. No. 809, 9-10-2018; altered in 2023 recodification)
Editor's note—See also CCC 12-13-3 for sign definitions.