Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this Chapter; words used in the present tense include the future; the singular number includes the plural, and the plural includes the singular; the word "building" includes the word "structure"; the word "used" includes arranged, designed, constructed, altered, converted, rented, leased or intended to be used; and the word "shall" is mandatory and not directory.

Accessory or accessory use shall mean a use that is clearly incidental to, customarily found in connection with, and, (except in the case of off-street parking space) located on the same zoning lot as the principal use to which it is related. An accessory use includes, but is not limited to, the following:

(1)

Residential accommodations for servants.

(2)

Residential accommodations for caretakers, or proprietors, on the same zoning lot with any use listed in Use Group 7 and Use Groups 17 through 20, inclusive.

(3)

Keeping of dogs and cats, but only for personal enjoyment or household use and not for any commercial purpose.

(4)

Swimming pool for the use of the occupants of:

a.

Residents or their guests,

b.

Members of a club and their guests, and

c.

Guests of a hotel or motel.

(5)

Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building or other structure.

(6)

Home occupations (see definition of home occupations in this section).

(7)

Incinerators incidental to a principal use.

(8)

Storage of merchandise normally carried in stock in connection with a commercial use or manufacturing use.

(9)

Accessory signs, subject to the sign regulations in sections 26-431 through 26-437.

Agent of owner shall mean any person who can show certified written proof that he is acting for the property owner.

Alley shall mean a public or private way not more than thirty (30) feet wide affording only secondary means of access to abutting property.

Automobile wrecking shall mean the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.

Basement shall mean a story whose floor is more than twelve (12) inches, but not more than one-half of its story height below the average level of the adjoining ground (as distinguished from a cellar, which is a story more than one-half below such level). A basement, when used as a dwelling, shall be counted as a story for purposes of height measurement and as a half story for purposes of side yard determination.

Billboard. See "Sign, advertising."

Board of adjustment or board shall mean the board of adjustment of the city.

Boarding or lodging home shall mean a dwelling or part thereof where meals and/or lodging are provided for compensation for two (2) or more persons not transients.

Building shall mean any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one (1) or more walls unpierced by doors, windows, or similar openings and extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as herein provided.

Buildable width or buildable depth shall mean the width or depth respectively of that part of the lot not included within the open spaces herein required.

Building, height of, shall mean the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge of gable, hip, or gambrel roofs.

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

Building inspector shall mean the person, or designee, who performs the function of inspecting buildings and properties for code compliance for the City of Miami, regardless of what title the person carries for the City.

Cellar shall mean a story the floor of which is more than one-half of its story height below the average contact ground level at the exterior walls of the building. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises.

City attorney, city engineer shall mean the officials of the City of Miami bearing these titles.

City commission shall mean the board of commissioners of the City of Miami.

Comprehensive plan shall mean the Miami Area Comprehensive Plan.

Court shall mean an open, unoccupied, and obstructed space, other than a yard, on the same lot with a building or group of buildings.

Coverage, lot or site, shall mean the percentage of the lot or site area covered by the building or buildings on the lot.

Distance between structures shall mean the shortest horizontal distance measured between the vertical walls of two (2) structures as herein defined perpendicular to an axis, all points along which are midway between such walls.

Department store shall mean a store or group of shops under unified management selling a variety of merchandise groups, normally including clothing, appliances, hardware, furniture, etc.

Development shall mean 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.

Discontinuance of a nonconforming open use of land or sign shall mean the discontinuance of the activity and removal of all nonconforming above-surface improvements, equipment, signs, goods and materials. The requirement of removal shall not apply to contents of a dump or landfill.

District shall mean a portion of the territory of the City of Miami within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

District, component, shall mean a district which, together with other component districts, forms a district group.

District, group, shall mean two (2) or more districts grouped together and treated as a single district. For example, an R district or a residence district is a district group consisting of the RS, RM and RT districts.

Dwelling shall mean any building or portion thereof designed or used exclusively as the residence or sleeping place of one (1) or more persons, but not including a tent, trailer or mobile home.

Dwelling, multifamily, shall mean a building or portion thereof designed for or used by two (2) or more families or housekeeping units.

Dwelling, single-family, attached, shall mean a building designed for or used by one (1) family or housekeeping unit which has one (1) or two (2) common sidewalls with one (1) or two (2) adjoining single-family units.

Dwelling, single-family detached, shall mean a building designed for or used exclusively for residence purposes by one (1) family or housekeeping unit that is surrounded on all sides by yards or other open space on the same zoning lot, and which does not have a common wall with another principal building.

Dwelling unit shall mean one (1) room, or a suite of two (2) or more rooms, designed for or used by one (1) family or housekeeping unit for living and sleeping purposes and having only one (1) kitchen or kitchenette.

Dwelling group shall mean a group of two (2) or more detached dwellings located on a zoning lot and having any yard or court in common.

Eating place shall mean an establishment serving prepared food to the public primarily for consumption on the premises, including cafes, lunch counters and restaurants.

Family shall mean a person living alone; or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) persons not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a boardinghouse, lodginghouse, motel, hotel, fraternity house or sorority house.

Floor area, for determining off-street parking and loading requirements, is defined in section 26-357(c).

Frontage shall mean all the property on one (1) side of a thoroughfare between two (2) intersecting thoroughfares (crossing or terminating), or if the street or place be deadended, then all of the property abutting on one (1) side between an intersecting street or place and the deadend.

Habitable floor shall mean 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.

Home occupation shall mean an accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods and/or services, subject to conditions set forth in section 26-418.

Hotel shall mean a building, or portion thereof, containing rooms occupied primarily by transients who are lodged with or without meals in which provisions are not made for cooking in any individual apartment, and in which are provided such services as are incidental to the use thereof as a temporary residence.

Housekeeping unit shall mean a suite of one (1) or more rooms having separate cooking facilities, used as the domicile or home of one (1) family.

Incinerator, accessory, shall mean an incinerator, indoor or outdoor, for the burning of refuse produced on the premises, incidental to a use permitted on the premises.

Junk yard shall mean a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, sale of used cars in operating condition or salvaged materials incidental to manufacturing operation.

Kennel shall mean any premises whether operated for pleasure or profit where there is being maintained or harbored a total of six (6) or more dogs of vaccination age or a combination of six (6) or more dogs and cats of vaccination age, except any commercial animal establishment.

Lot shall mean a zoning lot, as defined herein.

Lot area shall mean the area of a zoning lot.

Lot, back-up or through, shall mean an interior lot whose rear line abuts on a thoroughfare other than an alley.

Lot, corner, shall mean a zoning lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street, such streets or part of the same street forming an angle of more than forty-five (45) degrees and of less than one hundred thirty-five (135) degrees. The point of intersection of the street lines is the corner. Any portion of a corner lot that is more than one hundred (100) feet from the point of intersection of the two (2) street lines or the two (2) tangents of the same street shall be considered an interior lot.

Lot depth shall mean the mean horizontal distance between the front lot line and rear lot line of a zoning lot.

Lot, interior, shall mean any zoning lot that is not a corner lot.

Lot line shall mean a boundary of a zoning lot.

Lot line, front, shall mean the street line at the front of a zoning lot. The owner, for the purpose of this chapter, shall have the privilege of selecting any street lot line as the front lot line.

Lot line, rear, shall mean the lot line opposite and most distant from the front lot line.

Lot line, side, shall mean a lot line that is not a front lot line or rear lot line. A side lot line separating a zoning lot from a street other than an alley is an exterior side lot line.

Lot width shall mean the horizontal distance between the side lot lines of a zoning lot.

Lot, zoning, shall mean a piece, parcel, or tract of land that meets all of the following requirements at the date of adoption of this chapter, or amendment thereof:

(1)

Is located within a single block,

(2)

Has frontage on an improved and accepted public street,

(3)

Is occupied, utilized or designated by its owner or developer to be occupied, developed, or utilized as a unit under single ownership or control for a principal use and uses accessory thereto, together with such open spaces as are required by this chapter.

A zoning lot may be subsequently divided into two (2) or more zoning lots, provided each such new zoning lot complies fully with this chapter at the time of division. A zoning lot, therefore, may or may not coincide with a lot as shown on official tax maps or on any recorded subdivision or deed.

Manufactured home shall mean a structure transportable in one (1) or more sections, which in the traveling mode, is fourteen (14) body feet or more in width and thirty-six (36) body feet or more in length, or when erected on site, is five hundred four (504) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling on a permanent foundation, said structure shall conform to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., § 5401 et seq.), as amended, and applicable codes of the City of Miami.

Medical marijuana business (MMB) shall mean any business with a license duly issued by the Oklahoma Medical Marijuana Authority to engage in the following activities: medical marijuana dispensary, medical marijuana processor, medical marijuana commercial grower, medical marijuana laboratory, medical marijuana business operator, a medical marijuana transporter or medical marijuana waste disposal. The term does not include a medical marijuana research facility.

Mean sea level shall mean the average height of the sea for all stages of the tide.

Mobile home shall mean a structure, transportable in one (1) or more sections, that is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

Mobile home park shall mean any lot upon which are located one (1) or more mobile homes, occupied for dwelling purposes, regardless of whether or not a charge is made for each accommodation, but excluding any lot upon which the only mobile home is one permitted by the board of adjustment under section 26-422(2).

Modular home shall mean a transportable, non-vehicular, prefabricated structure, requiring an independent permanent foundation, which is designed and constructed for the movement from a point of fabrication to a permanent foundation or location site, said home being required to meet all applicable codes of the City of Miami.

Motel shall mean a building or group of buildings, including either separate units or a row or rows of units which:

(1)

Contain living or sleeping accommodations primarily for transient occupancy, and

(2)

Provide one (1) off-street parking space on the same zoning lot for each individual living or sleeping unit.

Nonconforming use shall mean any lawful use, whether of a building or other structure or a tract of land, which does not conform to the applicable use regulations for the district in which it is located, either at the effective date of this chapter or as a result of a subsequent amendment thereto. No principal use shall, however, be deemed nonconforming because of failure to provide required accessory off-street parking spaces or required accessory off-street loading spaces, nor because of the existence of accessory signs, business entrances or show windows which are themselves nonconforming uses.

Nursing home shall mean any premises where more than three (3) persons are lodged and furnished with meals and nursing care.

Open porch shall mean a roofed space attached to a building on one (1) side and open on three (3) remaining sides.

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

Parking space shall mean an area of not less than two hundred (200) square feet, either within a structure or in the open, excluding the area necessary for access under the provisions of this chapter, for the parking of a motor vehicle. When a garage or carport is provided for the sole use of an occupant of a single-family or two-family residence, the driveway leading to the garage or carport may be considered an additional parking space if it is suitable for the purpose.

Planned unit development (PUD) shall mean a land development project comprehensively planned as an entity via a unitary site plan which permits flexibility in building siting, mixtures of housing types and land uses, usable open spaces, and the preservation of significant natural features.

(1)

A residential PUD is limited to:

a.

Dwelling units without regard to dwelling type or whether unit ownership will be on the basis of fee ownership, cooperative apartments, condominiums, or otherwise; and

b.

Nonresidential uses of an educational, cultural, or recreational character that are designed and intended to serve the PUD residents.

(2)

A general PUD contains office or commercial uses exclusively or blends residential uses with office or commercial uses in a unified plan.

Planning commission shall mean the city planning commission of the City of Miami, Oklahoma.

Public agency shall mean any elected governmental agency or board or any agency or board appointed by an elected governmental body and acting within its delegated authority.

Setback shall mean the minimum allowable horizontal distance from a given point or line of reference, such as a thoroughfare right-of-way, to the nearest vertical wall or other element of a building or structure, as defined herein. Location points of measurement on buildings or structures are subject to the exceptions in section 26-382.

Sign, accessory. See "accessory" or "accessory use."

Sign, area of, shall mean the total area of those surfaces of a sign or sign structure on which the advertising or other information is placed, provided, however, that in the case of two (2) such surfaces placed back-to-back or three (3) such surfaces placed together in the form of a triangle, one (1) such surface (the one (1) having the smallest area, if they differ in area) shall not be counted in determining the area of the sign.

Sign shall mean any structure or part thereof, or any device attached to, painted on, or represented on a building or other structure, upon which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, device or representation used as, or which is in the nature of, an announcement, direction, advertisement or other attention-directing device. A sign shall not include a similar structure or device located within a building except for illuminated signs within show windows. A sign includes any billboard, but does not include the flag, pennant or insignia of any nation or association of nations, or of any state, city or other political unit, or of any political, charitable, educational, philanthropic, civic, professional, religious or like campaign, drive, movement or event.

Sign, advertising, shall mean a sign which directs attention to a business, commodity, service or entertainment which is entirely or primarily conducted, sold or offered elsewhere than upon the lot on which the sign is located.

Sign, bulletin, shall mean an accessory board or sign erected by a church, school, community center, public agency or institution on its own premises for announcement purposes.

Sign, business, shall mean an accessory sign which directs attention to a profession, business, commodity, service or entertainment conducted, sold or offered upon the same zoning lot.

Sign, flashing, shall mean an illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any revolving illuminated sign shall be considered a flashing sign.

Sign, identification, shall mean an accessory sign whose content is limited to the name and/or occupation of the occupant of the premises.

Sign, illuminated, shall mean a sign designed to give forth any artificial light.

Sign, real estate, shall mean an accessory sign advertising the sale, rental or lease of the premises on which it is maintained.

Stable, commercial, shall mean a stable where four (4) or more horses are boarded or kept.

Story shall mean that portion of a building included between the surface of any floor and the ceiling next above it.

Story, first, shall mean the lowest story or the ground story of any building the floor of which is not more than twelve (12) inches below the average contact ground level at the exterior walls of the building; except that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his family, shall be deemed the first story.

Story, half, shall mean 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. A half-story containing a separate family shall be counted as a full story for the purpose of height regulation.

Street shall mean any thoroughfare other than an alley.

Street line shall mean the line separating the street right-of-way from the abutting property.

Structure shall mean anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

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

Thoroughfare shall mean any public right-of-way which provides a public means of access to abutting property.

Thoroughfare, collector, shall mean any thoroughfare designated as a collector thoroughfare by the planning commission.

Thoroughfare, major, shall mean an existing or proposed street or highway identified as a major thoroughfare on the comprehensive plan.

Use, conditional, shall mean a use which is permitted in a district, subject to meeting certain conditions set forth herein.

Yard, front, shall mean an open space extending the full width of a lot between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere herein.

Yard, rear, shall mean an open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.

Yard, side, shall mean an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.

Yard, side, exterior, shall mean on a corner lot, a side yard abutting on a street.

Yard, side, interior, shall mean a side yard other than an exterior side yard.

Zoning lot. See "lot, zoning."

Zoning map shall mean the zoning map or maps of the city.

Zoning permit, special, shall mean a permit for certain uses issued by the board of adjustment in accordance with sections 26-33 to 26-40.

(Ord. No. 1124, § 1(28-15.1), 6-18-79; Ord. No. 1405, 12-20-99; Ord. No. 1463, § 1, 8-25-03; Ord. No. 2019-06, § 1, 6-18-2019)

The zoning regulations set forth in this chapter are enacted to implement the land use portion of the comprehensive plan for the city and to promote the health, safety, morals, and the general welfare of the city and its citizens and to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements.

(Ord. No. 1124, § 1(28-1), 6-18-79)

State Law reference— Similar provisions, 43 O.S. § 43-103.

Any person, firm, corporation, or governmental agency who shall violate any of the provisions of this chapter or fail to comply with any order or regulation made hereunder, or who shall build in violation of any detailed statement of specification of plans submitted and approved hereunder, or any certificate or permit issued hereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor, and upon conviction therefor shall be fined a sum not more than $500.00, as set out more fully in Section 1-5 of this Code. Each and every day that a violation is permitted to exist shall be deemed a separate offense.

(Ord. No. 1124, § 1(28-13.2.1), 6-18-79; Ord. No. 2019-06, § 2, 6-18-2019)

Violation of section 26-438 relating to enclosure of outdoor swimming pools shall be a misdemeanor, punishable under section 1-5 of the City Code.

(Ord. No. 1124, § 1(28-13.2.2), 6-18-79)

The city, or any person affected thereby, may institute appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use of any building, structure or land; to restrain, correct or abate such violation; to prevent the unlawful occupancy of such building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.

(Ord. No. 1124, § 1(28-13.1), 6-18-79)

State Law reference— Injunctive relief, 11 O.S. § 43-107.

Should any section, subsection, paragraph, clause or provision of this chapter be declared by a court of competent jurisdiction to be invalid or unconstitutional, the same shall not affect the validity of the chapter as a whole or any part thereof, other than the part so declared to be invalid or unconstitutional. The city commission hereby declares that it would have passed this chapter and each section, subsection, paragraph, sentence, clause and phrase thereof irrespective of the fact that any one (1) or more sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid.

(Ord. No. 1124, § 1(28-16.1), 6-18-79)

(a)

Preceding ordinance. The zoning ordinance (herein called the preceding ordinance) that was enacted by Ordinance No. 833 is repealed with respect to all lands in the city, except as follows:

(1)

All land in RF or C7 districts under the preceding ordinance shall continue to be subject to the terms of that ordinance for as long as they are in such districts.

(2)

All obligations and commitments that were established under the preceding ordinance shall continue in effect until terminated or altered by law.

The preceding ordinance shall be repealed in its entirety when no lands remain in RF or C7 districts and no obligations or commitments established under such ordinance remain in effect.

(b)

Other ordinances. All ordinances other than the preceding ordinance referred to in subsection (a) above, and all parts of ordinances in conflict herewith are, hereby repealed.

(Ord. No. 1124, § 1(28-16.2), 6-18-79)

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

(Ord. No. 1124, § 1(28-9.6), 6-18-79)