This Ordinance, in pursuance of the authority granted by the Legislature of the State of Oklahoma in Title 11, Article XLIII, Sections 43-101 to 43-115 and Article XLIV, Sections 44-101 to 44-110 of the Oklahoma Statutes, shall be known as the Zoning Ordinance and may be cited as such.

(Ord. No. 376, 6-7-21)

The regulations contained herein are necessary to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to reduce fire hazards and improve public safety and safeguard the public health; to decrease traffic congestion and its accompanying hazards; to prevent undue concentration of population; and to create a comprehensive and stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities, and other facilities. In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.

(Ord. No. 376, 6-7-21)

This Ordinance classifies and regulates the land, buildings, and structures within the city limits of the City of Healdton, State of Oklahoma, as hereinafter set forth. The regulations contained herein are necessary to promote the health, safety, convenience, and welfare of the inhabitants by dividing the city into zones and regulating therein the use of the land and the use and size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, density of population and location of buildings.

(Ord. No. 376, 6-7-21)

Except as hereinafter otherwise provided, no land shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building, structure, or improvement is located, and in accordance with the provisions of the Articles contained herein relating to any or all districts.

(Ord. No. 376, 6-7-21)

The City of Healdton is hereby divided into zones as shown on the Zoning Map, (Map _______ dated _______ ) filed with the City Clerk. The map and all explanatory material thereon is hereby made a part of this Ordinance.

Zones shall be designated as follows:

Agricultural

A-1 General Agricultural District

Residential

R-1 Single-Family District

R-2 Two-Family District

R-3 Multiple-Family District

R-4 Mobile Home Residential District

R-5 Residential Estate Zoning District

Commercial

SC-1 Planned Shopping Center District

C-1 Neighborhood Commercial District

C-2 Highway Commercial District

C-3 General Commercial District

C-4 Downtown Commercial District

Industrial

I-1 Restricted Light Industrial District

I-2 Light Industrial District

I-3 Heavy Industrial District

Supplemental

F- Flood Plain District

Specific district regulations are set forth in Article II herein.

(Ord. No. 376, 6-7-21)

For the purpose of these regulations, words used in the present tense shall include the future tenses; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory.

For the purpose of these Regulations, certain terms and words are to be used and interpreted as defined hereinafter.

(1)

ACCESSORY BUILDING OR STRUCTURE: A building customarily incidental and appropriate and subordinate to the main building or use and located on the same lot with the main building.

(2)

ACCESSORY USE: A use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same premises.

(3)

ADVERTISING SIGN OR STRUCTURE: Any cloth, card, paper, metal, painted, glass, wooden, plastic, plaster, stone sign or other sign, device or structure of any character whatsoever, including statuary, placed for outdoor advertising purposes on the ground or any tree, wall, bush, rock, post, fence, building or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure other than a sign shall be determined as the area of the largest cross-section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties nor merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this definition.

(4)

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

(5)

ALLEY: A public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

(6)

APARTMENT HOUSE: A multiple-family dwelling. (See "dwelling, multiple.")

(7)

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

(8)

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

(9)

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

(10)

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

(11)

BASEMENT: A story partly or wholly underground. For purposes of height measurement a basement shall be counted as a story when more than one-half (1/2) of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

(12)

BILLBOARD: Any cloth, card, paper, metal, painted, glass, wooden, plastic, plaster, stone sign, or other sign, device, or structure of any character whatsoever, including statuary, placed for outdoor advertising purpose on the ground or on any tree, wall, bush, rock, post, fence, building, or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing, or making visible in any manner whatsoever. The area of an advertising structure other than a sign shall be determined as the area of the largest cross-section of such structure. Neither directional, warning, nor other signs posted by public officials in the course of their public duties, nor merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this definition.

(13)

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

(14)

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

(15)

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

(16)

BUILDING HEIGHT: The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

(17)

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

(18)

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

(19)

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

(20)

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

(21)

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

(22)

CONVALESCENT, REST, NURSING HOME, EXTENDED CARE FACILITY: A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.

(23)

COURT: An open unoccupied space, other than a yard on the same lot with a building or group of buildings in which is bordered until were more size by such building or buildings.

(24)

COURT, INNER: A court other than an outer court. The length of an inner court is the maximum horizontal dimensions measured parallel to its longest side. The width of an inner court is the minimum horizontal dimensions measured at right angles to its length.

(25)

COURT, OUTER: A court the full width of which opens onto a required yard, or street, or alley. The width of an outer court is the minimum horizontal dimensions measured in the same general direction as the yard, street, or alley upon which the court opens. The depth of an outer court is the minimum horizontal dimension measured at right angles to its width.

(26)

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

(27)

DRIVE-IN RESTAURANT: Any establishment where food, frozen dessert and/or beverage is sold to the customer and where motor vehicle parking space is provided and where such food, frozen dessert and//or beverage is intended to be consumed in the motor vehicle parked upon the promises or anywhere on the premises outside of the building.

(28)

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

(29)

DWELLING: Any building, or portion thereof, which is designed or used as living quarters for one (1) or more families, but not including house trailers, mobile homes, or travel trailers.

(30)

DWELLING, ATTACHED: A dwelling having any portion of each of two walls in common with adjoining dwellings.

(31)

DWELLING, DETACHED: A dwelling having open space on all sides.

(32)

DWELLING, SINGLE-FAMILY: A detached dwelling designed to be occupied by one (1) family excluding mobile homes, travel trailers or horse trailers.

(33)

DWELLING, TWO-FAMILY: A dwelling designed to be occupied by two (2) families living independently of each other.

(34)

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

(35)

DWELLING, ROW HOUSE OR TOWN HOUSE: Three (3) or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be owned by one (1) family.

(36)

FAMILY: One (1) or more persons related by blood or marriage, including adopted children, or a group of not to exceed five (5) persons (excluding servants) not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A family shall be deemed to include domestic servants employed by said family.

(37)

FLOOR AREA, GROSS: The sum of the gross horizontal areas of all of the floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating two (2) buildings, and including but not limited to, the following spaces:

a.

Basements.

b.

Elevator shafts and stairwells at each floor.

c.

Floor space for mechanical equipment with structural head room of seven (7) feet or more.

d.

Penthouse.

e.

Attic space providing head room of seven (7) feet or more.

f.

Interior balconies, mezzanines and enclosed covered porches and enclosed steps.

g.

Accessory uses in enclosed covered space, but not including space used for off-street parking.

(38)

FLOOR AREA, NET: The total floor area within a building devoted or intended to be devoted to a particular use, with structural head room of seven (7) feet or more, whether above or below the finished lot grade, excluding (a) elevators, stairways, hallways, walls and partitions, and (b) floor space permanently devoted to a parking space or parking spaces, mechanical equipment, closets, washrooms, or other items permanently preventing the floor space from being occupied by persons while engaged in the use.

(39)

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

(40)

GARAGE APARTMENT: A dwelling unit for one (1) family erected above a private garage.

(41)

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

(42)

GARAGE, PUBLIC: Any garage other than a private garage, available to the public, used for the care OR servicing of automobiles where such vehicles are parked or stored for remuneration, hire or sale.

(43)

GARAGE, REPAIR: A building in which are provided facilities for the care, servicing, repair, or equipping of automobiles. * See "auto service station."

(44)

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

(45)

GROSS FLOOR AREA: See "Floor area, gross."

(46)

HELP-YOURSELF LAUNDRY: See "dry cleaning" or laundry, self-service."

(47)

HOME ASSOCIATION: And incorporated non-profit organization operating under record land agreements through which (a) each lot and/or home owner in a planned unit for other described land area is automatically a member and (b) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property, and (c) the charge if unpaid becomes a lien against the property.

(48)

HOME OCCUPATION: 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 connection with which there is no display of merchandise or sign other than one (1) non-illuminated nameplate, not more than two (2) square feet in area attached to the main or accessory building, and no mechanical equipment is used or activity is conducted which creates any noise, dust, odor or electrical disturbance beyond the confines of the lot on which said occupation is conducted. The conducting of a restaurant, rest home, clinic, doctor or dentist office, and cabinet, metal or auto repair shop shall not be deemed a home occupation.

(49)

HOSPITAL: An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.

(50)

HOTEL: A building or group of buildings under one (1) ownership containing six (6) or more sleeping rooms occupied, intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including an auto or trailer court or camp, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.

(51)

HOUSE TRAILER: Any portable or mobile vehicle used or designed to be used for living purposes and with its wheels, rollers or skids in place.

(52)

KENNEL: Any lot or premises on which four (4) or more dogs, more than six (6) months of age are kept.

(53)

LOT: Any plot of land occupied or intended to be occupied by one (1) building, or a group of buildings, and its accessory buildings and uses, including such open spaces as required by this Regulations and other laws or ordinances, and having its principal frontage on a street.

(54)

LOT, AREA: The total area measured on a horizontal plane included within lot lines.

(55)

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

(56)

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

(57)

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

(58)

LOT, FRONTAGE: That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

(59)

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

(60)

LOT LINES: The lines bounding a lot as defined herein:

(61)

MOBILE HOME: A single-family dwelling designed for transportation on streets and highways on its own wheels or on flatbed or other trailers, both highway and rail, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to utilities, and similar operations. Unless otherwise indicated in the text of these Regulations, the term "mobile home" shall refer to an "independent mobile home" as (63) below.

(62)

MOBILE HOME, DEPENDENT: A mobile home that does not have a flush toilet and a bath or shower. For purpose of regulations under the Ordinance, a dependent mobile home shall be considered to be the same as a travel trailer, unless otherwise specified.

(63)

MOBILE HOME, INDEPENDENT: A mobile home which has flush toilet and a bath or shower. Unless otherwise indicated in the text of these Regulations, the term" mobile home" shall mean an independent mobile home.

(64)

MOBILE HOME PARK: Any plot of ground upon which one (1) or more mobile homes, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.

(65)

MOBILE HOME SPACE: A plot of ground within a mobile home park designed for the accommodation of one (1) mobile home, and not located on a mobile home sales lot.

(66)

MOBILE HOME SUBDIVISION: A subdivision designed and intended for residential use where residence is in mobile home exclusively, and mobile home lots are sold for occupancy.

(67)

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

(68)

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

(69)

PARKING SPACE: A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile together with a permanently surfaces driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile. For purposes of this Ordinance, the size of a parking space for one (1) vehicle shall consist of a rectangular area having dimensions of not less than ten (10) feet by twenty (20) feet plus adequate area for ingress and egress.

(70)

PLANNED UNIT DEVELOPMENT: A development planned to provide a single type or variety of residential and related land uses which is designed and constructed as a unit.

(71)

PLANNING COMMISSION: The Healdton City Planning Commission.

(72)

REST HOME: See "convalescent home"

(73)

ROW HOUSE: See "dwelling, row house"

(74)

SETBACK: The distance between the lot line and the building line.

(75)

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

(76)

SIGNS: See "advertising sign"

(77)

SITE DEVELOPMETN PLAN: A plan drawn at a scale of not less than fifty (50) feet equal one (1) inch which shows the topographic characteristics of the site at a contour interval of not less than one (1) foot; the exact location and dimensions of buildings, yard, courts, landscape, pedestrian and vehicular circulations and parking, fences and screening; service area and courts, and other features; the use of each building and area; the height of buildings; adjacent streets, alleys, utility drainage and other easements; and the relationship of the development to adjacent areas which it may affect.

(78)

STORY: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

(79)

STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.

(80)

STREET: Any public or private thoroughfare which affords the principal means of access to abutting property.

(81)

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

(82)

STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground.

(83)

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

(84)

TOURIST COURT: An area containing one (1) or more structures designed or intended to be used as temporary sleeping facilities of one (1) or more transient families and intended primarily for automobile transients.

(85)

TOURIST HOME: A dwelling in which sleeping accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation.

(86)

TOWN HOUSE: See "dwelling, row house, or town house."

(87)

TRAILER COURT: See "mobile home park."

(88)

TRAILER HOME: See "mobile home."

(89)

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

(90)

TRAILER, TRAVEL OR CAMPING: All vehicles and portable structures built on chassis, designed as a temporary or permanent dwelling for travel, recreational, and vacation use; this is meant to include tent trailers and motor-driven travel vehicles, not included in the definition of "independent mobile homes." For purposes of these Regulations, a dependent mobile home shall be considered the same as travel trailer, unless otherwise specified.

(91)

TRAVEL TRAILER PARK: Any plot of ground upon which one (1) or more travel trailers, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.

(92)

TRAVEL TRAILER SPACE: A plot of ground within a travel trailer park designed for accommodation of one (1) travel trailer.

(93)

YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except where otherwise specifically provided in this Ordinance that an accessory building may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

(94)

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

(95)

YARD, REAR: A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

(96)

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

(Ord. No. 376, 6-7-21)

Where uncertainty exists with respect to the boundaries of any of the districts as shown on the Zoning Map, the following rules shall apply.

(a)

Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be such boundaries.

(b)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.

(c)

Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such scaled distance therefrom as indicated on the Zoning Maps.

(d)

Where the boundary of a district line follows railroad line, such boundary shall be deemed to be located on the easement line to which it is closet, which shall completely include or exclude the railroad easement unless otherwise designated.

(Ord. No. 376, 6-7-21)

Whenever any street, alley or other public easement is vacated, the district classifications of the property to which the vacated portions of land accrue shall become the classification of the vacated land.

(Ord. No. 376, 6-7-21)