DEFINITIONS
A.
Usage and interpretation rules. For the purpose of this UDC, certain terms or words are interpreted or defined as follows:
1.
Words used in the present tense include the future tense;
2.
The singular includes the plural;
3.
The word "person" includes a corporation, trust, individual, and/or group of individuals;
4.
The term "shall" is always mandatory; and
5.
The term "may" is discretionary.
6.
A reference to an official includes a designee of that official.
7.
When the calculation of a number for a required standard results in a fraction, that fraction is rounded up to the next whole number.
B.
Words and terms not expressly defined. Words and terms not expressly defined in this article are to be construed according to the normally accepted meaning of those words or terms. Where no definition appears, then according to their customary usage in the practice of planning and engineering, as determined by the director.
(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)
A.
Residential uses.
1.
Household living.
Barndominium means a structure that includes living space and barn space on an agricultural property. Barns detached from the living space operating as a separate structure are not included in this definition.
Bungalow court means a group of small, detached structures arranged around a shared court visible from the street. Dwelling unit entrances are from the shared court.
Courtyard apartment means a medium-to-large sized detached residential structure consisting of multiple side-by-side and/or stacked dwelling units oriented around a courtyard or series of courtyards. Each unit is accessed from the courtyard and shared stairs each provide access up to three units.
Detached single-family dwelling means a single-family dwelling (a building designed exclusively for occupancy by one family) which is not attached to any other dwelling or building by any means, excluding mobile homes and manufactured housing situated on a permanent foundation.
Duplex means a building designed for occupancy by two individuals or families living independently of each other within separate units which have a common wall and are under one roof.
Fourplex means a detached residential structure containing four dwelling units, designed for occupancy by not more than four families living independently of each other.
Live-work unit means a dwelling unit that is also used for work purposes, provided that the "work" component is restricted to the uses of professional office, artist studio, or other similar uses and is located on the street level.
Manufactured home means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. All references in this article to manufactured housing or manufactured home(s) shall be references to HUD-code manufactured housing, unless otherwise specified. This use does not include mobile homes.
Mixed-use building means the development of a building or structure with two or more different uses such as but not limited to residential, office, retail, public, or entertainment, in a compact development form. A mixed-use building is a building with any of the following floor space configurations:
1.
An office, as defined below, located above the ground floor, where the ground floor is occupied by any general retail use; or
2.
Any general retail use on the ground floor, and residential dwelling units above the ground floor or behind the nonresidential floor area. The floor space above the ground floor may be occupied by nonresidential floor area in addition to dwelling units.
Mobile home means a structure constructed before June 15, 1976, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. Mobile homes shall not be used as dwelling units within the corporate limits of the city.
Modular home means a dwelling unit constructed on-site in accordance with the [state or municipal] code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.
Multi-family dwelling (apartment) means a residential structure arranged, intended, and designed to be occupied by 13 or more families living independently of each other, and each including its own separate kitchen and bathroom accommodations.
Multiplex means a detached residential structure that consists of five to 12 dwelling units arranged in side-by-side and/or stacked design.
Tiny home means a single-family residential structure typically 600 square feet or less which may or may not be attached to a permanent foundation.
Townhouse means a dwelling that is part of a structure containing three or more dwellings, each designed and constructed for occupancy by one family, with each dwelling unit attached by a common wall to another, in which each dwelling is located on a separate platted lot.
Triplex means a detached residential structure containing three dwelling units, designed for occupancy by not more than three families living independently of each other.
2.
Group living.
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 programs 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 settings also typically provide features that enhance resident autonomy, such as lockable doors, full bathrooms, temperature control and single occupancy, and may provide limited cooking facilities in individual units.
Community group home means a community-based group living use for elderly persons or persons with disabilities that allows independent living and that provides communal room and board, personal care, and habilitation services in a household-like environment. Community group homes for eight or fewer persons are considered household living uses. All community group homes shall meet the required state licensing requirements.
Dormitory means a building in which housing is provided for individual students under the general supervision or regulation of an accredited college or university and as distinguished from an apartment, hotel, motel, or rooming house. A dormitory may provide apartment units for guests, faculty, or supervisory personnel on a ratio not to exceed one such apartment unit for each 50 students for which the building is designed. Individual rooms or suites of rooms may have cooking facilities. The dormitory may include facilities such as a commissary and/or snack bar, lounge, and study area, dining halls, and accessory kitchen, recreation facilities, and laundry, provided that these facilities are for the benefit and use of the occupants and their guests and not open to the general public.
Emergency and protective shelter means a residential use that provides room and board for a continuous period of no more than 30 consecutive days for adults or children who have been abused, displaced or are transient. Such uses provide protection services and typically provide counseling and pre-placement screening services as well.
Life care retirement center means a residential facility designed for and principally occupied by elderly persons in a planned retirement community that includes a residential complex, an activity or community center and a medical or skilled nursing care facility licensed by the State of Oklahoma as an intermediate care facility or a skilled nursing center.
Re-entry facility means a facility operated by the city, the state, the federal government or a private party under contract with the city, the state or the federal government and used for rehabilitation and overnight accommodation of individuals, including staff, who are (a) under the jurisdiction of a court, but not under confinement, or (b) individuals recently released from the jurisdiction of a court. Re-entry facilities are operated for the purpose of providing treatment or rehabilitation intended to assist such individuals with their re-entry into the community.
Residential treatment center means a community-based residential facility that provides diagnostic or therapeutic services, counseling, or treatment and long-term room and board in a highly structured environment for persons receiving active treatment for alcoholism, drug abuse or behavioral disorders.
Rooming/boarding house means a building, other than a hotel or multiple-family dwelling, where lodging is provided to persons for compensation, and where facilities for food preparation are not provided in individual rooms.
B.
Commercial uses.
1.
Afterlife service.
Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including ancillary mausoleums, columbariums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
Funeral services means an establishment used primarily for human funeral services, which may or may not include facilities on the premises for embalming and, performing of autopsies or other surgical procedures. Examples include funeral homes, mortuaries, crematoriums, or columbariums. Cemeteries may be on-site as an accessory use.
2.
Animal service.
Kennel means a facility licensed to house dogs, cats, or other household pets and/or where grooming, breeding, boarding or training or selling of animals is conducted as business. This includes pet resorts/hotels, pet adoption centers, dog training centers, animal rescue shelters and sanctuaries.
Veterinary means any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases and injuries. This use includes any necessary overnight care, medical treatment, and monitoring services for any boarded animal.
3.
Assembly and entertainment.
Assembly hall means a building or portion of a building in which facilities are provided for civic, educational, political, religious, or social purposes.
Broadcast or recording studio means a facility that provides for audio or video production, recording or broadcasting for public reception.
Commercial amusement (indoor) means a place where entertainment activities occur completely within an enclosed structure for a fee, including, but not limited to, theaters, bowling alleys, arcades, skating rinks, escape rooms, pool halls, video and pinball parlors.
Commercial amusement (outdoor) means a place where entertainment activities occur outdoors for a fee, including, but not limited to, miniature golf, batting cages, water slides, driving ranges, and go-cart tracks.
Nightclub means a type of entertainment facility that comprises of a dance floor, lightshow, and/or stage for the playing of live music or disc jockey recordings that serves alcoholic beverages and incidental food sales.
4.
Commercial service.
Building service means uses that provide maintenance and repair services for all structural and mechanical elements of structures, as well as the exterior spaces of premises. Typical uses include janitorial, landscape maintenance, carpet cleaning, chimney sweeps, extermination, plumbing, electrical, HVAC, roofing, window cleaning and similar services. Service vehicles may be stored overnight on the premises.
Business support service means uses that provide personnel services, printing, copying, package (delivery) drop-off, photographic services or communication services to businesses or consumers. Typical uses include copy and print shops, telephone services and photo developing labs.
Heavy equipment services and sales means the sales and maintenance of heavy machinery. This includes establishments primarily engaged in sales, renting, or servicing machinery and equipment for use in business, agricultural, or industrial operations. These establishments typically cater to a business clientele and do not generally operate a retail-like or store-front facility. "Heavy machinery" includes office equipment, machinery tools, construction equipment, farm implements, excavation equipment, or transportation equipment.
Personal services means shops and establishments primarily engaged in providing services generally involving the care of the person or such person's apparel, or rendering services to business establishments such as laundry or dry-cleaning retail outlets, portrait/photographic studios, beauty or barber shops, hair and nail salons, tanning services, massage spas, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, gunsmiths, locksmiths, vacuum repair shops, electronics repair shops and similar establishments. Business that offer repair and maintenance service for large equipment or technicians who visit customers' homes or places of business are classified as a "building service."
Research service means uses engaged in scientific research and testing services leading to the development of new products and processes. Such uses resemble office buildings or campuses and do not involve the mass production, distribution or sale of products. Research services do not produce odors, dust, noise, vibration or other external impacts that are detectable beyond the property lines of the subject property.
5.
Financial service.
Alternative financial services means an establishment that:
a.
Is not a bank or financial lending institution subject to federal or state regulation;
b.
Charges a fee to cash a check or have a check processed; and
c.
Provides such services to the public. This use includes "payday lenders" which are establishments that are substantially in the business of negotiating, arranging, aiding, or assisting a consumer in procuring "payday loans."
Bail bond means a use that provides surety and pledged money or property as bail for the appearance of persons accused in court.
Financial institution means an establishment where the primary occupation is financial services such as banking, savings, and loans. It does not include financial services that typically occur in an office or storefront, such as investment companies, loan companies, credit and mortgage, insurance services, or brokerage firms), which are classified under "professional office," below.
Pawnshop means an establishment that is engaged to any extent in any of the following business or activities:
a.
The lending of money on the deposit or pledge of personal property, other than choses in action, securities or written evidence of indebtedness;
b.
The purchase of personal property either from an individual, another pawn business or any other business with an expressed or implied agreement or understanding to offer the property for sale to the public, and if that sale is unsuccessful, then to sell it back to the previous owner at a subsequent time at a stipulated price or negotiated price;
c.
The purchase of precious metals with the intent to melt down, provided that such activity is not clearly incidental to the principal use of the establishment; or
d.
The lending of money upon personal property, goods, wares, or merchandise pledged, stored or deposited as collateral security.
6.
Lodging.
Bed and breakfast means an owner-occupied property, other than a hotel or multiple-family dwelling, which offers lodging for paying guests and which serves meals to these guests and which contains one or more guest bedrooms and where facilities for food preparation are not provided in the individual guest bedrooms.
Hotel/motel means a building containing guest rooms in which lodging is provided, with or without meals, for compensation, and which is open to transients or guests, or both. This use may include restaurants, club rooms, banquet halls, ballrooms and meeting rooms as accessory uses. A hotel/motel only provides temporary lodging, and does not include multi-family or attached dwelling or any other form of permanent residence. Guests are prohibited from using a guest room or suite as a primary permanent residence.
Recreational vehicle park/campground means an establishment that provides temporary overnight accommodations for camping in recreational vehicles or tents.
7.
Office.
Artist studio means the workshop of an artist, writer, craftsperson, or photographer, but not a place where members of the public come to receive instruction on a more than incidental basis or to sit for photographic portraits.
Medical office means office uses related to diagnosis and treatment of human patients' illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists, chiropractors and practitioners of massage therapy. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, unless otherwise expressly indicated. Ancillary sales of medications and medical products are allowed in association with a medical, dental or health practitioner office.
Professional office means an office for professionals, such as lawyers, architects, financiers, engineers, artists, musicians, designers, teachers, accountants and others who, through training, are qualified to perform services of a professional nature and where no storage or sale of merchandise exists, except as accessory to the professional services. Professional office uses are not medical offices or artist studios. Examples include corporate office, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations.
8.
Restaurants and bars.
Bar means uses that cater primarily to adults, 21 years of age and older and that sell and serve alcoholic beverages as their principal business.
Brewpub means a licensed establishment operated on the premises of, or on premises located contiguous to, a small brewer, that prepares and serves food and beverages, including alcoholic beverages, for on-premises consumption.
Food preparation and sales means a place for preparing, cooking, baking, and selling of products on the premises but not for on-site consumption. Accessory office and waiting spaces shall be incidental to the primary use.
Food truck park means an area designated for mobile vendors (e.g., food trucks) to park and sell food, beverages, and other retail items or services to patrons. This use may include any necessary electrical outlets, seating/dining areas, restroom facilities, and trash receptables needed for the food trucks daily operations.
Hookah lounge means an establishment whose business operation, whether as a principal use or as an accessory use, includes the smoking of tobacco or other substances through one or more hookah pipes (also commonly referred to as a hookah, waterpipe, shisha or narghile), including, but not limited to, establishments known variously as hookah bars, hookah parlors or hookah cafes.
Restaurant means an establishment where food and drink are prepared, sold to customers, and may be consumed on the premises. A restaurant may include the incidental sales and service of alcoholic beverages for on-site consumption.
9.
Retail sales.
Building supplies and equipment means retail sales uses that sell or otherwise provide goods to repair, maintain or visually enhance a structure or premises. Typical uses include hardware stores, home improvement stores, paint and wallpaper supply stores and garden supply stores.
Convenience store means a retail store containing less than 10,000 square feet of gross floor area which sells everyday goods and services which may include, without limitation, ready-to-eat food products, groceries, over-the-counter drugs, and sundries.
Grocery store means retail sales uses that sell or otherwise provide assorted goods; products for personal grooming and for the day-to-day maintenance of personal health; and that sell food and beverages for off-premise consumption; and that have a floor area dedicated to the sale of fresh meat, fruits and vegetables. A principal use grocery store may include an accessory use restaurant or dining area for on-premise consumption of food and beverage items. This use does not include medical marijuana dispensaries.
Retail store means retail sales uses that sell or otherwise provide wearing apparel, fashion accessories, furniture, household appliances and similar consumer goods, large and small, functional and decorative, for use, entertainment, comfort, personal well-being, or aesthetics. Typical uses include clothing stores, department stores, pharmacies, appliance stores, TV and electronics stores, bike shops, book stores, costume rental stores, stationery stores, art galleries, hobby shops, furniture stores, pet stores and pet supply stores, shoe stores, antique shops, secondhand stores, record stores, toy stores, sporting goods stores, variety stores, video stores, musical instrument stores, medical supplies, office supplies and office furnishing stores and wig shops. This use does not include grocery stores, building supplies and equipment sales, or medical marijuana dispensaries.
10.
Adult entertainment.
Sexually oriented business means amusement enterprises offering activities and services distinguished or characterized by the depiction or describing of "specified anatomical areas" or "specified sexual activities," as defined below. Such uses shall include, but not be limited to, the following:
a.
Adult arcade means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or token-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of "specified anatomical areas" or "specified sexual activities" as defined here.
b.
Adult bookstore means a commercial establishment that has devoted a substantial or significant portion of its business to the sale, rental, or any form of consideration of any one or more of the following:
i.
Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, videocassettes, videotapes, or other video reproductions, slides, or other visual representations that depict or describe "specified anatomical areas" or "specified sexual activities," as defined here; or
ii.
Instruments, devices, or paraphernalia that depict "specified anatomical areas" or "specified sexual activities" or are designed for use in connection with "specified sexual activities."
c.
Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment that regularly features:
i.
Person or persons who appear in a state of nudity; or
ii.
Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," including topless or bottomless dancers, exotic dancers, or strippers; or
iii.
Films, motion pictures, videocassettes, videotapes, or other video reproductions, slides, or other photographic or visual representations that are characterized by the depiction of "specified anatomical areas" or "specified sexual activities" as defined here.
d.
Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes or tapes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities" as defined here.
e.
Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or live performances that are characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities" as defined here.
f.
Nude modeling studio means any place where a person who appears in a state of nudity, or displays any "specified anatomical area" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
g.
Massage parlor means any place where, for any form of consideration, massage, alcohol rubs, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with any "specified sexual activity," or where any person providing such treatment, manipulation, or service related thereto exposes any "specified anatomical area."
11.
Vehicle sales and service.
Car wash means a facility where the primary or secondary function is washing automobiles, pick-up trucks, and small vans, but not trailers or commercial trucks. This includes both mechanical production line methods or self-service equipment. A car wash may also function as an accessory use to an automobile service station or other primary use.
Commercial vehicle repair and maintenance means uses, excluding vehicle paint finishing shops, that repair, install or maintain the mechanical components or the bodies of large trucks, mass transit vehicles, large construction or agricultural equipment, aircraft or similar large vehicles and vehicular equipment. Includes truck stops and fleet vehicle fueling facilities, which may dispense conventional vehicle fuels and/or alternative vehicle fuels.
Commercial vehicle sales and rentals means uses that provide for the sale or rental of large trucks, moving equipment (e.g., U-haul and Ryder) construction or agricultural equipment, aircraft, or similar large vehicles and vehicular equipment.
Heavy personal vehicle repair and maintenance means an establishment that offers mechanical and body work on motor vehicles including straightening of body parts, body repairs, battery rebuilding, painting, welding, short term storage of automobiles not in operating condition, outdoor similar work on motor vehicles that may involve noise, glare, fumes, smoke, or similar impacts.
Light personal vehicle repair and maintenance means minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air conditioning systems, and other similar minor services for light load vehicles.
Personal vehicle sales and rentals means uses that provide for the sale or rental of new or used autos, small trucks or vans, trailers, motorcycles, motor homes or recreational vehicles including recreational watercraft. Typical examples include automobile dealers, auto malls, car rental agencies. Car-share vehicles that are parked or stored when not being used by members of a car-share program are not regulated as personal vehicle sales and rental uses, but are instead considered accessory parking.
Service station means a building or place arranged, designed, used, or intended to be used for the primary purpose of dispensing gasoline, oil, diesel fuel, liquefied petroleum gases, greases, batteries, and other automobile accessories at retail direct to the on-premises motor vehicle trade provided that the above services shall not be construed to include major overhaul, the removal and/or rebuilding of an engine, cylinder head, oil pan, transmission, differential, radiator, springs, or axles, steam cleaning, body or frame work, painting, upholstering and replacement of glass.
Vehicle equipment and supplies sales and rentals means uses related to the sale, lease or rental of new or used parts, tools or supplies for the purpose of repairing or maintaining motor vehicles.
C.
Marijuana uses.
Medical marijuana commercial grower means an entity licensed to cultivate, prepare and package medical marijuana and transfer or contract for transfer medical marijuana to a medical marijuana dispensary, medical marijuana processor, any other medical marijuana commercial grower, medical marijuana research facility, medical marijuana education facility and pesticide manufacturers. A commercial grower may sell seeds, flower or clones to commercial growers pursuant to the Oklahoma Medical Marijuana and Patient Protection Act.
Medical marijuana dispensary means an entity that has been licensed by the department pursuant to the Oklahoma Medical Marijuana and Patient Protection Act to purchase medical marijuana or medical marijuana products from a licensed medical marijuana commercial grower or medical marijuana processor, sell medical marijuana or medical marijuana products to patients and caregivers as defined under the Oklahoma Medical Marijuana and Patient Protection Act, or sell or transfer products to another dispensary.
Medical marijuana education facility means an entity approved pursuant to the Oklahoma Medical Marijuana and Patient Protection Act to operate a facility providing training and education to individuals involving the cultivation, growing, harvesting, curing, preparing, packaging or testing of medical marijuana, or the production, manufacture, extraction, processing, packaging or creation of medical-marijuana-infused products or medical marijuana products as described in the Oklahoma Medical Marijuana and Patient Protection Act.
Medical marijuana processor means an entity licensed pursuant to the Oklahoma Medical Marijuana and Patient Protection Act to operate a business including the production, manufacture, extraction, processing, packaging or creation of concentrate, medical-marijuana-infused products or medical marijuana products as described in the Oklahoma Medical Marijuana and Patient Protection Act.
Medical marijuana research facility means an entity approved pursuant to the Oklahoma Medical Marijuana and Patient Protection Act to conduct medical marijuana research. A medical marijuana research facility is not a medical marijuana business.
Medical marijuana testing laboratory means a public or private laboratory licensed pursuant to the Oklahoma Medical Marijuana and Patient Protection Act, to conduct testing and research on medical marijuana and medical marijuana products.
D.
Industrial uses.
1.
Warehouse, distribution, and storage.
Contractor's shop and storage yard means the offices and/or storage facilities for a specialized trade related to construction, electric, glass, painting and decorating, welding, water well drilling, sign making, or similar items. This use includes storage yards (for equipment, materials [including sand, road-building aggregate or lumber], supplies and/or vehicles owned or rented by the establishment), roofing and sheet metal, fabrication of cabinetry and related millwork and carpentry, elevator maintenance and service, and venetian blind and metal awning fabrication and cleaning. Incidental sales of materials are included within this definition.
Equipment and materials storage, outdoor, means uses related to outdoor storage of equipment, products or materials, whether or not stored in containers.
Freight terminal means a building or area in which freight brought by motor truck is assembled and/or stored for shipping by motor truck.
Self-service storage facility means a facility used for storage of goods and/or materials with separate access to individual storage units by persons renting the individual units.
Warehouse means uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods and that do not meet the definition of a "self-service storage facility" or a "freight terminal."
Warehouse, distribution, and wholesale means a facility or area for the storage of goods, and the sale of goods to other firms for resale, including activities involving significant storage and movement of products or equipment. This use does not involve manufacturing or production. Examples include:
a.
Carting;
b.
Cold storage;
c.
Distribution facilities (as defined below);
d.
Dry goods wholesale;
e.
Express crating;
f.
Hauling;
g.
Feed locker plants;
h.
Fulfillment centers that combine storage with call centers;
i.
Hardware storage;
j.
Merchant wholesalers (such as restaurant supply sales);
k.
Warehouse or produce/fruit/food storage and wholesale structures;
l.
Wholesale sale of paper supplies, shoes, sporting goods, professional and commercial equipment and supplies, and otherwise preparing goods for transportation.
A "distribution facility" means the intake of goods and merchandise, individually or in bulk, the short-term holding or storage of such goods or merchandise, and/or the breaking up into lots or parcels and subsequent shipment off-site of such goods and merchandise. Distribution may be provided to an entity with an identity of interest with the distribution facility or to businesses and individuals unrelated to the distributor. The term "distribution facility" also includes a transshipment facility for the temporary holding, storage and shipment of goods or vehicles.
Wholesale showroom facility means an establishment that primarily consists of sales offices and sample display areas for products and/or services delivered or performed off-premises. Catalog and telephone sales facilities are appropriate. Retail sales of products associated with the primary products and/or services are permitted. Warehousing facilities shall maintain a minimum of 75 percent of its total floor area devoted to storage and warehousing not accessible to the public.
2.
Low-impact manufacturing and industry.
Craft manufacturing means the manufacturing and production of goods by a craftsperson done by hand or small machinery, located within a building or indoor tenant space. This use typically includes, but is not limited to, jewelry, metalwork, cabinetry, woodworking, stained glass, textiles, ceramics, or handmade food products for off-site consumption.
Industrial and manufacturing, light, means manufacturing of products, from extracted, raw, recycled or secondary materials, including bulk storage and handling of those products and materials, or crushing, treating, washing, and/or processing of materials. This includes similar establishments, and businesses of a similar and no more objectionable character. It also includes incidental finishing and storage. Goods or products manufactured or processed on-site may be sold at retail or wholesale on or off the premises. This does not include any activity listed under "industrial and manufacturing, heavy." Examples of general manufacturing include the manufacture or production of the following goods or products: apparel (including clothing, shoes, dressmaking); boats and transportation equipment; brooms; caskets; communication or computation equipment; dairy products; die-cut paperboard and cardboard; drugs, medicines, pharmaceutical; electrical equipment or machinery; farm machinery; fasteners and buttons; feed and grain; food/baking (including coffee roasting, creameries, ice cream, ice, frozen food, confectionery, and beverage); fruit and vegetable processing, canning and storage; gaskets; glass products made of purchased glass; household appliances; industrial controls; leather and allied products; lithographic and printing processes (including printing plants as defined below); mattresses; medical equipment and supplies; medicines; mill work and similar woodwork; mobile homes; musical instruments; novelties; office supplies; optical goods; photographic equipment; prefabricated and modular housing and components; printing and print supplies (including printing plants); 3-D printing, radio and TV receiving sets; sanitary paper products; scientific and precision instruments; service industry machines; signs; textiles (including dyeing, laundry bags, canvas products, dry goods, hosiery, millinery); tobacco products; toys, sporting and athletic goods; and watches and clocks. A "printing plant" means a facility devoted to printing or bookbinding, including related large-scale storage and transshipment.
Small brewery means an establishment that manufactures less than 65,000 barrels of beer annually pursuant to a validly issued small brewer license hereunder. Small Breweries may include tasting rooms.
Wine and spirits wholesaler/distributor means any sole proprietorship or partnership licensed to distribute wine and spirits in the state. The term "wholesaler", as used in the Oklahoma Alcoholic Beverage Control Act, shall be construed to refer to a wine and spirits wholesaler.
3.
Moderate to high-impact manufacturing and industry.
Industrial and manufacturing, heavy, means the manufacturing, processing, and storing of paper, chemicals, plastics, rubber, cosmetics, drugs, nonmetallic mineral products (such as concrete and concrete products, glass), primary metals, acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, electrical equipment, appliances, batteries, and machinery. This use also includes the heaviest and most intensive facilities which warrants additional review by the city such as: asphalt and concrete mixing plants, smelting, animal slaughtering, oil refining, and magazine contained explosives facilities.
Large brewery means an establishment where beer or malt beverages are made on the premises at an annual production rate of over 65,000 barrels. Large breweries may include tasting rooms.
Mining or mineral processing means the extraction or quarrying of coal, ores, stone, minerals, top soil or aggregate resources from the ground. Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining and top soil extraction. Also includes crushing, washing and grading coal, ore, stone, sand, gravel, minerals, top soil or aggregate resources and manufacture of Portland cement.
4.
Recycling.
Consumer material drop-off station means an establishment that:
a.
Accepts consumer recyclable commodities directly from the consuming party;
b.
Is staffed by personnel on site for a minimum of 20 hours per week; and
c.
Stores materials temporarily before transferring them to recyclable material processing facilities.
Recycling facility means a facility used for the collection and/or processing of recyclable material. Processing means the preparation of material for efficient shipment by such means as baling, compacting, flattening, grinding, crushing, mechanical sorting or cleaning. Such a facility, if entirely enclosed within a building or buildings, shall be considered a warehouse.
Salvage yard means a place where waste, discarded or salvage materials are bought, sold, exchanged, bailed, packed, disassembled or handled, including all wrecking yards, house-wrecking yards, used lumber yards and places or yards 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 pawnshops and establishments.
Solid waste facility means a facility where non-hazardous wastes are taken from collection vehicles, temporarily stored, and ultimately relocated to a permanent disposal site. This includes any facility, incinerator, landfill, materials recovery facility, municipal solid waste landfill, private or public solid waste management facility, recovered materials processing facility, sanitary landfill, or solid waste management facility.
Solid waste transfer station means a facility and/or premises at which solid waste is temporarily deposited prior to ultimate removal to a permanent solid waste storage site.
E.
Transportation uses.
Airport means a place where an aircraft can land and take off, usually equipped with hangars, landing pads, facilities for refueling and repair, and various accommodations for passengers and/or freight.
Bus terminal means any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.
Parking facility means a designated lot or area on a lot for the parking of vehicles, inclusive of surface and multi-level, structured parking facilities.
Railroad station means any premises for the transient parking of trains and the loading and unloading of passengers.
Transit station means an area or facility where people wait for transportation services.
Trucking and transportation terminals means uses engaged in the dispatching and long-term or short-term storage of trucks, buses, and other vehicles, including parcel service delivery vehicles, taxis and limousines. Minor repair and maintenance of vehicles stored on the premises is also included. Includes uses engaged in the moving of household or office furniture, appliances, and equipment from one location to another, including the temporary on-site storage of those items.
F.
Public, civic, and institutional uses.
1.
Child care facilities.
Child care center means an entity that provides care, supervision, and learning opportunities for children that operates 30 or more hours per week.
Family child care home means a family home which provides care and supervision for seven or fewer children for part of the 24-hour day. The term "family child care home" shall not include informal arrangements which parents make independently with neighbors, friends, and others, or with caretakers in the child's own home. This use shall include "large family child care homes." Such a use is a residential family home which provides care and supervision for eight to 12 children for part of the 24-hour day.
Foster family home means the private residence of a family which provides foster care services to a child, and includes a specialized foster home, a therapeutic foster family home, or a kinship care home.
Part-day child care program means a program that provides care and supervision for children and that operates for more than 15 and up to 30 hours per week.
Residential child care facility means a 24-hour residential facility where children live together with or are supervised by adults who are not their parents or relatives.
2.
Institutional.
College or university means institutions of higher learning that offer courses of general or specialized study and are authorized to grant academic degrees. The college or university use subcategory includes classrooms and instructional spaces, as well as on-campus residence halls, fraternity and sorority houses, administrative buildings, auditoriums and other on-campus uses and facilities that provide customary accessory and support functions for college or university uses.
Correctional facility means an institution operated by the city, the state, the federal government or a private party under contract with the city, the state or the federal government for the confinement and punishment and treatment or rehabilitation of offenders under the jurisdiction of a court.
Governmental service means local, state, or federal government services or similar functions, that are not otherwise classified. Typical uses include health departments, courthouses, soup/food kitchens, and food pantries.
Hospital means uses providing medical or surgical care to patients and offering inpatient (overnight) care.
Library, museum, or cultural exhibit means an institution for the collection, display and distribution of objects of art, science, or library sciences and which are sponsored by a public or quasi-public agency that is open to the general public.
Natural resource preservation means undeveloped land left in a natural state for specific use as visual open space or environmental purposes. Typical uses include wildlife or nature preserves, arboretums, flood management projects and reservoirs.
Postal service means local branch of the United States Postal Service or private commercial venture engaged in the distribution of mail and incidental services.
Religious land use means a structure or group of structures intended for regular gatherings of people to attend, participate in or conduct religious services and other related activities and associated accessory uses. Associated accessory uses may include religious instruction classrooms, church offices, counseling programs, private school, youth programs, parking, child and adult day care facilities, summer camps, recreational facilities, caretaker's quarters, food bank, thrift shop, sale of religious items, and cemeteries.
Safety service means establishments that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, ambulance services and storm or civil defense shelters.
School means public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory education.
Technical school means uses in an enclosed building that focus on teaching the skills needed to perform a particular job. Examples include schools of cosmetology, modeling academies, computer training facilities, vocational schools, administrative business training facilities and similar uses. Truck driving schools are classified as "trucking and transportation terminals" (wholesale, distribution and storage use category).
3.
Infrastructure.
Building or tower-mounted antennas means the physical device that is attached to a freestanding tower, building or other structure, through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received.
Freestanding towers means a structure intended to support equipment that is used to transmit and/or receive telecommunications signals, including monopoles and guyed and lattice construction steel structures.
Utilities and public service facility, major, means infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include, but are not limited to, water and wastewater treatment facilities, high-voltage electric substations, utility-scale power generation facilities (including wind, solar and other renewable and nonrenewable energy sources), sanitary landfills and utility-scale water storage facilities, such as water towers and reservoirs.
Utilities and public service facility, minor, means infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and public service facilities generally do not have regular employees at the site and typically have few if any impacts on surrounding areas. Typical uses include water and sewer pump stations; gas regulating stations; underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/broadcast facilities.
Wireless communication facility means towers, antennas, equipment, equipment buildings and other facilities used in the provision of wireless communication services. Wireless communication facility specific use types are listed below.
G.
Recreation uses.
Amphitheater means an open lot with its appurtenant facilities devoted primarily to the showing of motion picture or theatrical productions on a paid admission basis to patrons seated outside in fixed seating or in automobiles.
Civic club or lodge means the use of a building or lot by a not-for-profit organization that restricts access to its facility to bona fide, annual dues-paying members and their occasional guests and where the primary activity is a service not carried on as a business enterprise.
Community center means a building or buildings dedicated to social and/or recreational activities, serving the city or a neighborhood or subdivision, and owned and operated by the city or by a nonprofit organization dedicated to promoting the health, safety, morals, or general welfare of the city.
Country club means land and buildings customarily containing a golf course and a clubhouse and available only to specific private membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts, and similar recreational or service facilities.
Firearm range means a business establishment, private club, or association that operates an area for the discharge or other use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting
Health club means an establishment that provides exercise facilities such as running, jogging, aerobics, weightlifting, indoor/outdoor sports courts, and swimming, as well as locker rooms, showers, and saunas. Uses would typically include racquetball and handball courts, tennis courts, weightlifting and exercise equipment facilities, exercise areas, swimming pools and spas, martial arts, classrooms and/or practice areas, gymnasiums and running or jogging tracks. This shall not include municipal or privately owned, access-only recreation buildings.
Marina means facilities that provide moorage, launching, storage, fueling, supplies and services (other than repair) commonly associated with storing, maintaining and operating recreational and commercial watercraft.
Parks and recreation means recreational, social or multi-purpose uses associated with public parks and open spaces, including playgrounds, playfields, play courts, swimming pools, and other facilities typically associated with public parks and open space areas. Also includes public and private golf courses and tennis clubs.
H.
Agricultural uses.
Agriculture means the use of land for the production of plants and animals useful to humans, including, to a variable extent, the preparation of these products for human use and their disposal by marketing or otherwise, and includes horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee, hatcheries, and any and all forms of farm products and farm production. This includes accessory uses for treating or storing farm products and equipment.
Agritainment means events and activities that allow for recreation, entertainment, and tourism that is in conjunction with on-going agricultural activities on-site (examples include corn mazes, hayrides, wedding venues, and petting zoos).
Animal husbandry means uses that involve the feeding, housing and care of farm animals for private or commercial purposes.
Commercial stable means a structure housing horses which are boarded or rented to the public or any stable other than a private stable, but not including a sale barn, auction or similar trading activity. Accessory uses are permitted and include, but are not limited to, offices, storage areas, caretaker's quarters, educating and training in equitation, and caring for, breeding, or training horses associated with the stable use.
Community garden means an area less than one acre in area that is managed and maintained by an individual, group or business entity to grow and harvest food crops or non-food crops (e.g., flowers). A community garden area may be divided into separate garden plots or orchard areas for cultivation by one or more individuals or may be farmed collectively by members of the group. Community gardens may be principal or accessory uses.
Farm, market or community-supported means an area managed and maintained by an individual, group or business entity to grow and harvest food crops or non-food crops (e.g., flowers) for sale or distribution. Farms may be principal or accessory uses and may be located on a roof or within a building.
Feed and farm supply means an establishment for the selling of foodstuffs for animals and including implements and goods related to agricultural processes but not including farm machinery.
Feedlot means an area or facility primarily engaged in feeding animals. These animals are kept for the products they produce or for eventual sale.
Horticulture nursery means a use involving propagation and growth of trees or plants in containers or in the ground for wholesale or retail sales and distribution. Does not include on-site retail sales unless such sales are otherwise allowed in the subject zoning district.
Oil or gas well means any hole or bore, of any depth, for the purpose of producing and recovering oil, gas, or other hydrocarbon substances or for the injection or disposal of any oil, gas, or other hydrocarbon substances.
Small farm winery means a wine-making establishment that does not annually produce for sale more than 15,000 gallons of wine as reported on the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau, Report of Wine Premises Operations (TTB Form 5120.17).
I.
Accessory uses.
Accessory building means a subordinate building, located on the same lot as the main building, the use of which is clearly incidental to and customarily found in connection with the main building or principal use of the property.
Accessory dwelling unit means an additional dwelling unit integrated within a single-family dwelling, or located in a detached accessory building, such as carriage houses or agricultural-type outbuildings, located on the same lot as single-family dwellings. This use also includes similar uses like servant's quarters and guard residences.
Apiary means an ancillary area or facilities for the storing of bees and production of honey.
Automatic teller machine (ATM) means an automated device that performs banking or financial functions at a location remote from the controlling financial institution.
Carport means a structure open on a minimum of three sides designed or used to shelter vehicles, not to exceed 24 feet on its longest dimension.
Donation and collection bin means an accessory structure where clothes, goods, products, and other items are placed for donation and are subsequently delivered to a charitable organization for public consumption.
Drive-thru means a building opening, including windows, doors, or mechanical devices, through which occupants of a motor vehicle receive or obtain a product or service.
Fuel pump means a stand-alone fuel dispenser that has one or more nozzles or sets of nozzles, which in turn are separately connected to a distinct system that records the fuel pumped by a single vehicle and the corresponding payment owed for that fuel.
Garage means a detached accessory building or portion of the main building for the parking or temporary storage of automobiles of the occupants of the premises; if occupied by vehicles of others, it is a storage space.
Home occupation means an occupation or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit and is subordinate to the residential use of the dwelling unit.
Outdoor dining means an accessory space reserved for customers at a restaurant.
Outdoor display means the outside arrangement of goods, materials, products, or other equipment on a lot for consumer sales.
Outdoor storage means the outside keeping of goods, materials, products, containers, or other equipment on a lot.
Personal storage means an accessory use consisting of storage lockers/facilities primarily used by unhoused people who need a place to keep personal items which may be stand-alone or included in shelters or non-profit facilities.
Personal swimming pool means a swimming pool on private property for the use of the property owner, including family and guests.
Private stable means an accessory use designated for quartering horses on private property.
Satellite tasting room means a licensed establishment operated off the licensed premises of the holder of a small farm winery or winemaker license, which serves wine for on-premises or off-premises consumption.
Service bay means an opening in a wall or building, whether with or without bay doors, which is designed to allow vehicle access.
Storm shelter means a standalone or underground structure designed to protect people from inclement weather.
Transit stop means a curbside place where passengers board or alight transit, that may or may not include a small shelter usually having three walls, a roof, and a bench, designed to provide for the protection and convenience of passengers.
Wind energy system means a wind-driven turbine (whether roof or tower mounted), and associated control or conversion electronics for the purpose of providing electrical power to a privately owned lot or parcel. These systems are considered accessory uses in all permitted zoning districts.
J.
Temporary uses.
Batching plant means a temporary manufacturing facility for the production of concrete or asphalt during construction of a project and to be removed when the project is completed.
Construction yard means a storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at completion of construction and subject to same restrictions as field office.
Field or sales office means a building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project.
Flea market means a site where space inside or outside a building is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, artwork, small household appliances, and similar merchandise, objects or equipment in small quantities. The term "flea market" shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.
Itinerant merchant/transient street vendor means any person engaged in the business or occupation of selling any merchandise, products or services from a temporary indoor or outdoor location obtained from an owner or leaseholder or obtained by occupying the location without permission or by occupying a location on a street right-of-way as provided in 47 O.S. § 421(7). Itinerant merchant/transient street vendors will not include the following:
a.
Participants in wholesale trade shows or convention-sponsored events, trade fairs or flea markets.
b.
Sellers of Bibles, agricultural goods, including Christmas trees and firewood, or crafts or items made by hand.
c.
Participants in fairs and convention center activities conducted primarily for amusement or entertainment.
d.
Participants in residential garage sales.
e.
Civic, church and educational groups that are located in the local trade area.
Seasonal roadside stand means any structure or land used by the property owner, their family, or tenants to sell agricultural or horticultural produce, livestock, or merchandise principally produced on that farm, which is clearly an accessory use of the premises and does not change its character. This may also include the sale of produce grown on other farms and accessory products.
(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)
AASHTO means the acronym for American Association of State Highway and Transportation Officials.
Accessory use means a use customarily incidental, appropriate, and subordinate in area, extent, and purpose to the principal use of land or buildings and on the lot in which it is located.
Alley means a public minor way, which is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.
Alter means to change the size, shape or outline, copy, nature of message, intent or type of sign or structure.
Amenity means specific items for multi-family development that provide opportunities for residents to participate in on-site leisure or recreational activities.
ANSI means the acronym for American National Standards Institute.
Applicant. See "property owner" or "developer."
Application means a written request for approval required by this UDC.
ASTM means the acronym for American Society for Testing and Materials.
Awning means a roof-like cover that can be removed that projects from the wall of a building.
AWWA means the acronym for American Water Works Association.
Balcony means an elevated platform projecting from the wall of a building and enclosed by a railing or parapet.
Banding means an architectural design technique that uses horizontal or vertical bands in the façade of a building for aesthetic or functional purposes.
Basecourse means the first or lowest course of a wall.
Bicycle locker means a locker or box in which multiple bicycles can be placed, stored, and locked.
Bicycle parking facility means those facilities such as bicycle racks, bicycle lockers, and other features required to park or store bicycles on a site.
Block means that property abutting on one side of the street and lying between the nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such street.
Block face means that portion of a block or tract of land facing the same side of a single street and lying between the closest intersecting streets.
Board of adjustment means the City of Shawnee's appointed board of adjustment.
Bollard means a vertical device that provides a physical barrier between different uses or site features to divert traffic from a roadway or specific area.
Bollard rack means a bicycle facility affixed to pavement that stores up to two bicycles which are locked from the outside.
Building means any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yards.
Building height means the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deckline of a mansard roof or the average height of the highest gable of a pitch or hip roof.
Building line means a line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the property line that a building may be erected.
Building official means the person hired or designated by the city manager to enforce and administer the city's adopted building codes. This term includes the building official's designee.
Building permit means a permit issued by the city before a building or structure is started, improved, enlarged or altered as proof that such action complies with the UDC.
Building square footage means the area or floor space within a building or structure.
Caliper means the diameter of the trunk of a tree measured from breast height. This measurement is typically taken between four to six feet above ground level.
Canopy. See "awning."
Canopy tree means a large tree that reaches a 25-foot minimum crown spread at maturity.
Carport means a structure that is open on at least two sides, covered with a roof and constructed specifically for the storage of one or more automobiles.
Certificate of occupancy means an official certificate issued by the building inspector that indicates conformance with or approved conditional waiver from the UDC and authorized legal use of the premises for which it is issued.
Changeable copy means a copy that can be changed or rearranged without altering the sign face or structure, excluding electronic message centers.
City means the City of Shawnee, Oklahoma and its departments, agencies, personnel, and staff unless otherwise expressly stated.
City clerk means the person holding the office of city clerk where they are responsible for a range of clerical duties and maintaining public records. This term shall also include any designee of the city clerk.
City commission means the duly elected governing body of the City of Shawnee, Oklahoma.
City engineer means the person hired or designated by the city manager to supervise or oversee the city's engineering department, and to exercise the authority of the city engineer. This term includes the city engineer's designee.
City manager means the person holding the position of the city's chief executive officer (e.g., city manager), as appointed by the city commission.
Comprehensive plan means the long-range planning and development policy of the city and adjoining areas as adopted by the city commission, including all its revisions and plan elements (including, but not limited to, the future land use plan, thoroughfare plan, parks master plan, etc.). This plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, water and wastewater facilities, and other public and private developments and improvements. The comprehensive plan is titled the Horizons 2040 Comprehensive Plan.
Conditional use permit means a permit granted on a discretionary and conditional basis by the city commission, which authorizes a land use in a zoning district in which that use is not normally permitted. All requirements of a conditional use permit are in addition to and supplement UDC requirements.
Contiguous means at least one boundary line or point of one lot touches a boundary line, or lines, or point of another lot.
Copy means logos, characters, symbols, or any other portion of a sign that conveys a message or information.
Corner lot means a lot that has more than one intersecting street frontage (with the exception of alleys).
Corner side yard means the yard abutting a street on a corner lot perpendicular to where the primary building entrance is to be located.
Cornices means the uppermost member of a classical entablature, consisting typically of a cymatium, corona, and bed moulding.
County means the department, offices, and services of Pottawatomie County, Oklahoma.
County clerk means the person holding the office of Pottawatomie County Clerk where they are responsible for local elections and maintaining public records. This term shall also include any designee of the county clerk.
Covered parking means any type of structure that provides cover over the length of a vehicle and shall be at least ten feet wide and 20 feet deep. This includes carports, car garages, and any other structure that may cover a vehicle.
Crown spread means the average horizontal width of the tree's crown taken from dripline to dripline.
Cul-de-sac means a street having only one outlet to another street, and that terminates on the opposite end by a vehicular turnaround or "bulb." The length of a cul-de-sac is to be measured from the intersection center point of the adjoining through street to the midpoint of the cul-de-sac bulb.
Cutoff light fixture means a luminaire light distribution where no more than 25 candela per 1,000 lamp lumens is emitted above the horizontal.
DBH means the abbreviation for diameter at breast height that measures the caliper of a tree.
Decision-making body means the person or body responsible for acting on a development application. A decision-making body may also be referred to as an "approval authority."
Deed restriction means a document used to place limitations or conditions on a particular property.
Density means the ratio of dwelling units per gross acre of platted area being developed.
Developer means the owner of land proposed to be developed as a residential or nonresidential subdivision, or the owner's authorized representative. The developer may be referred to as an applicant.
Development means any activity that requires the submission of a subdivision plat or the securing of a building permit.
Development review committee means the necessary city staff (planning, engineering, fire, building, etc.) that reviews project proposals and new application submittals.
Directly visible means allowing a direct line-of-sight to the light source or lamp.
Director means the person hired or designated by the city manager to supervise or oversee the city's community development department, and to exercise the authority of the director. This term includes the director's designee.
District. See "zoning district" definition.
Dormer means an opening in a sloping roof, the framing of which projects out to form a vertical wall suitable for windows or other openings.
Downspout means a pipe for carrying rainwater down from the roof's horizontal gutters.
Driveway means an area from a roadway used for access onto a property.
Drought-tolerant means plants and landscaping materials that survive on natural precipitation with infrequent watering or can withstand prolonged dry periods.
Dwelling unit means a room or a group of rooms including cooking accommodations, occupied by one family, and in which not more than two persons, other than members of the family, are lodged or boarded for compensation at any one time.
Easement means any area within, on, over, and/or under real property in which the city (and/or another entity, such as a franchised utility) has an interest involving a right of use of the property and/or right to exclude uses of the property—such as requiring removal of all or any part of any buildings, fences, trees, shrubs, or other improvements or uses that interfere with the lawful purpose of the holder of the easement—including, but not limited to, those required for provision of sidewalks, utility services, or access to property or equipment owned and/or maintained by the city.
Electronic message center means a sign that displays a digital copy, including any illuminated sign on which the illumination is not kept stationary or constant in intensity and color when the sign is in use, including any light emitting diode (LED) or digital panel, and which varies in color or intensity. Electronic message centers are also referred to as digital signs, dynamic signs, or changeable electronic variable message signs (CEVMS).
Elevation. See "facade."
Encroachment means the overlapping of a boundary or setback by a physical item such as an awning, canopy, porch, structure, fences, etc.
Engineering Design Manual means the City of Shawnee's necessary engineering design criteria, specifications, and requirements needed for development.
Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure, and also includes the painting or affixing of signs to the exterior or interior surface of windows, and includes outdoor signs and signs located interior to a building but readily visible from the exterior.
External illumination means illumination provided by an external light source such as a lamp, bulb, or the like.
Facade means the exterior of a building.
Family means one or more persons, related by blood, marriage or adoption, occupying a dwelling unit as a single, nonprofit housekeeping unit, but not including a group occupying a hotel, boardinghouse, club, dormitory, fraternity or sorority house.
Fence means a permanent barrier that is not a screening device but offers privacy between uses or properties. Fences are typically located on residential lots and are wood constructed.
Fenestration means the design, proportioning, and disposition of windows and other exterior openings of a building.
Fire marshal means the official responsible for enforcing the fire regulations of the City of Shawnee, Oklahoma.
Flat roof means a roof laid horizontally at an angle of less than ten degrees.
Flood lamp means a specific form of lamp designed to direct its output in a specific direction (a beam) with a reflector formed from the glass envelope of the lamp itself, and with a diffusing glass envelope.
Floodplain means the land adjoining the channel of a river, stream, or watercourse that has been or may be covered by floodwater. Any land covered by the water of a 100-year frequency storm is considered in the floodplain and must comply with the engineering criteria found in the subdivision regulations and other relevant regulations of the city.
Floodway means area regulated by federal, state, or local requirements to provide for discharge for the base flow, so that the cumulative increase in water surface elevation is no more than a designated amount within the 100-year floodplain. A river, channel, or other watercourse and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (100-year flood) discharge without cumulatively increasing the water surface elevation at any point more than one foot above that of the pre-floodway condition, including those designated on the flood insurance rate map.
Floor area. See "building square footage."
Footcandle means one lumen per square foot. Unit of illuminance. It is the luminous flux per unit area in the Imperial system. One footcandle equals approximately ten (10.76) lux.
Front yard means a yard across the full width of the lot extending from the front line of the primary building to the front property line.
Frontage means all the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or village boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
Frontage buildout means the required location where a building, or portion of a building must front.
Full cutoff light fixture means a luminaire with light distribution such that no light is emitted above the horizontal.
Gable roof means a roof with two slopes—front and rear—joining at a single ridge line parallel to the entrance facade.
Gambrel roof means a ridged roof with two slopes at each side, the lower slopes being steeper than the upper slopes.
Garbage, trash, or refuse container means a container used for, but not limited to, receiving garbage designed and intended to be lifted by forks or other device mounted on a vehicle and the contents emptied into that part of the vehicle designed to receive the same.
Glare means the sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted.
Grade. When used as a reference point in measuring height of a building, the "grade" shall be the average elevation of the finished ground at the exterior walls of the primary building.
Grid rack means a dual-sided bicycle facility affixed to pavement that stores multiple (one to 20) bicycles which are locked from the outside.
Halo illumination means illumination created by concealing the light source behind three-dimensional opaque letters, numbers, or other characters of a sign, resulting in the nighttime perception of a halo around the silhouette of each character. This is also referred to as "reverse channel" or "reverse lit" illumination. A halo-lit sign is not considered an internally illuminated sign.
Hard-surfaced driveway means any driveway that is paved with asphalt, concrete, brick, or other surface of similar integrity.
Height. See "building height."
Highway. See "street, highway."
Hip roof means a roof with four sloped sides. The sides meet at a ridge at the center of the roof. Two of the sides are trapezoidal in shape, while the remaining two sides are triangular, and thus meet the ridge at its end point.
Homeowners association (property owners association) means a formal nonprofit organization operating under recorded land agreements through which:
a.
Each lot and/or property owner in a specific area is automatically a member; and
b.
Each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization's activities, such as the maintenance of common property; and
c.
The charge, if unpaid, becomes a lien against the nonpaying member's property.
IESNA means the acronym for the Illuminating Engineering Society of North America.
Illuminance means the amount of light falling onto a unit area of surface (luminous flux per unit area), measured in lumens per square meter (lux) or lumens per square foot (footcandles).
Impervious means the portion of a site that is occupied by structures, pavement, and other impervious surfaces that do not allow for the absorption of water into the ground.
Infill development means the redevelopment of an existing built-out site or property.
Installed means the attachment, or assembly fixed in place, connected to a power source, of any outdoor light fixture.
Internal illumination means illumination created by a light source internal to the sign, transparent or translucent material from a light source within the sign structure or panel, or exposed lighting located on the same plane as the sign face.
Internal landscape area means the remaining property exclusive of the street yard and required landscape buffers.
Intersection visibility triangle means the triangular-shaped area at the intersection of two streets that must be kept clear to ensure visibility at the intersection.
Junk means those materials and products of older scrap copper; brass; rope; rags; batteries; paper; trash; rubber; debris; waste; junked, dismantled, scrapped or wrecked motor vehicle or associated parts; iron; steel; or other old or scrap materials.
Kelvin means a unit of measurement that is not expressed as Fahrenheit or Celsius.
Key lot means an interior lot, one side of which is contiguous, or separated only by an alley, to the rear line of a corner lot.
Knox Box means a small, wall-mounted or standalone safe that holds building keys for emergency/life stafety services.
Lake lot lease means those lease areas established by the city, most of which were created in 1936, around Shawnee Lake No. 1, for the purposes of private recreational and residential use. In general, such areas are a minimum of one acre in size and include the right to construct a permanent residence on the subject lease area. The term "lake lot lease" shall also include any newly created or defined lots that are or will be leased by the city or the CLO.
Landscape plan means an independent plan that is a part of the site plan process that shows a site's required landscaping.
LED means the abbreviation for a light-emitting diode.
Light trespass means light falling where it is not wanted or needed, typically across property boundaries.
Loading space means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.
Local street. See "street, local."
Lot means a divided or undivided tract or parcel of land having frontage on a public or private street, and which is, or which may in the future be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record at the county.
Lot area means the total space required for a lot by multiplying the lot's depth by its width.
Lot coverage means the percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.
Lot depth means the distance between the front lot line and the rear lot line.
Lot of record means a lot, which is part of a subdivision, the plat of which has been recorded with the county clerk, or a parcel of land, the deed for which was recorded with the county clerk, prior to June 18, 1990. A lot of record is an official lot having less area, width, or depth than the requirements of this UDC prior its adoption.
Lot width means the distance parallel to the front lot line, measured at the front setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot.
Louver means a window blind or shutter with horizontal slats angled to let in light and air, but keep out the rain, direct sunshine, and noise.
Low-impact development means development practices and techniques, such as bioretention facilities, rain gardens, vegetated roofs, rain harvesting, and permeable pavement, that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater that protects water quality and the natural environment.
Low profile rack means a low-lying bicycle facility affixed to pavement that stores multiple (one to 20) bicycles which are locked from the outside.
Lumen means a unit of luminous flux; used to measure the amount of light emitted by lamps.
Luminaire means the complete lighting assembly (including the lamp, housing, reflectors, lenses and shields), less the support assembly (pole or mounting bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture (see under this section, "outdoor light output, total"), lighting assemblies that include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit.
Luminous tube means a glass tube filled with a gas or gas mixture (including neon, argon, mercury, or other gases), usually of small diameter (ten to 15 millimeter), caused to emit light by the passage of an electric current, and commonly bent into various forms for use as decoration or signs. A neon tube does not include common fluorescent tubes.
Lux means a unit of illuminance equal to one lumen per square meter. One lux equals approximately 0.1 (0.093) footcandles.
Major arterial. See "street, major arterial."
Major collector. See "street, major collector."
Major recreational equipment includes boats and boat trailers, travel trailers, pickup campers, or coaches (designed to be mounted on automotive vehicles), motorized dwellings including motor homes, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
Major revisions/amendments means any revision(s) that the director determines is not a minor revision. A major revision constitutes a new application submittal.
Mansard roof means a roof with two slopes on each side, with the lower slope being nearly vertical and the upper slope nearly horizontal.
Mature plant means a plant that has reached its projected full growth and development.
Mayor means the elected person who is the presiding officer of all city commission meetings, is the official head of the city government, and is entitled to vote on all items before the city commission, except as otherwise restricted by the Shawnee Charter.
Mechanical equipment means equipment such as air-conditioning compressors, swimming pool pumps and filters, and similar devices that are intended to provide a performative function for a use, building, or structure.
Minor arterial. See "street, minor arterial."
Minor collector. See "street, minor collector."
Minor revisions/amendments means those revisions that are necessary in light of technical considerations discovered after the decision on the development application, and which do not substantively change the character of the development approval.
Molding means a decorative strip of wood used for architectural purposes.
Mullions means a vertical member between the lights of a window or the panels in wainscoting.
Muntins means dividing bars between panes of glass.
Native plantings means plant species that have existed historically in a given region or its natural environment without the need of human involvement or cultivation.
Network node means a type of telecommunications facility, also known as small wireless facility.
Noncombustible material means any material that will not ignite at or below a temperature of 1,200 Fahrenheit and will not continue to burn or glow at that temperature or shall have a flame spread of 25 or less.
Nonconforming lot means a lot that does not conform to the regulations of this UDC, but that was lawfully established under the regulations in force at the time the lot was established and has been in regular use since that time.
Nonconforming sign means a sign other than an existing billboard (outdoor advertising sign) that was lawfully in existence and was properly permitted by the city, to the extent such permitting was required as of the effective date of this UDC. Nonconforming signs includes existing signs on vacant parcels.
Nonconforming site feature means a site plan feature, such as landscaping, parking, setbacks, etc., that does not conform to the regulations of this UDC, but that was lawfully established under the regulations in force at the time the site plan was approved and has been in regular use since that time.
Nonconforming structure means a building or structure, or portion thereof, that does not conform to the regulations of this UDC, but that was lawfully constructed under the regulations in force at the time of construction.
Nonconforming use means a use that does not conform to the use regulations of this UDC, but that was lawfully established under the regulations in force at the time the use was established and has been in regular use since that time.
Nonconformity means the collective term for all nonconforming situations.
Noninvasive species means plant species that are a product of the natural environment and its surrounding ecosystem.
Nonresidential district means those zoning districts where nonresidential uses (commercial, service, institutional, industrial, etc.) are the primary uses. Nonresidential zoning districts are those designated as C-1, C-2, MU, DT, TL, I-1, and I-2, unless specified otherwise.
NSF means the acronym for National Science Foundation.
Offset means a specified projection or recession that runs vertically along the entirety of a building wall.
Opaque means that material does not transmit light from an internal illumination source.
Oriel means a bay window supported from below by corbels or brackets.
Ordinary high water mark (OHWM) means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation, the presence of vegetation and/or debris, or other appropriate means that consider the characteristics of the surrounding areas. The city shall have final authority in determining the OHWM.
Ornamental tree means a small tree that reaches a 15-foot minimum crown spread at maturity.
Outdoor light fixture means an outdoor illuminating device, outdoor lighting or reflective surface, luminous tube, lamp or similar device, permanently installed or portable, used for illumination, decoration, or advertisement. Such devices shall include, but are not limited to, lights used for:
a.
Parking lot lighting;
b.
Roadway lighting;
c.
Buildings and structures;
d.
Recreational areas;
e.
Landscape lighting;
f.
Billboards and other signs (advertising or other);
g.
Product display area lighting;
h.
Building or structure decoration; and
i.
Building overhangs and open canopies.
PAM means the acronym for a pre-application meeting which may be required for an application submittal.
Parapet means a low, protective wall at the edge of a terrace, balcony, or roof, especially that part of an exterior wall, fire wall, or party wall that rises above the roof.
Parking space means a permanently surfaced area either within a structure or in the open, not on public right-of-way, exclusive of driveways or access drives, for the parking of one vehicle.
Permanent sign means a sign constructed from durable materials that is affixed to a building, a structure, or the ground so that the sign resists wind loads, and that precludes ready sign removal or movement. Permanent signs are those signs identified in the detached and attached sign categories.
Permeable surface means a surface that does not impede the absorption of water.
Person means an individual, company, joint stock company, firm, proprietorship, business, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, co-partnership, association, and any other legal entity or their legal representatives, agents or assigns. Notwithstanding any other provision of this Code, each and every Code provision—including, but not limited to, every prohibition, requirement, and penalty—applies to both natural persons and corporations, partnerships, and all other legal entities or organizations.
Pervious pavement means an engineered hardscaped surface that allows water to infiltrate the surface.
Pitched roof means a roof that has a slope.
Planned unit development may be one of the following:
a.
Land under unified control, including developed as a whole; in a single development operation or a definitely programmed series of development operations, including all lands and buildings; for principal and accessory structures and uses substantially related to the character of the district; according to comprehensive and detailed plans which include not only streets, utilities, and lots or building sites, but also site plans, floor plans, and elevations of all buildings as intended be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and with a program for provision, operation and maintenance of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the district, but will not be provided, operated, or maintained at general public expense.
b.
A concept and a zoning classification that may include, in addition to planned unit development, commercial, shopping center, and industrial uses or combination, which may be intended to serve areas within the district and areas without the district.
Planning commission means the City of Shawnee's appointed planning commission.
Planning department means the city's department, and related employees, that have been specifically created and maintained by the city to assist in planning and zoning related matters. This term shall also apply to any official city employee in the planning department, including any practicing, professional land planner, administrative support, and/or firm of professional land planners.
Plat means a preliminary plat of a subdivision, a final plat of a subdivision, a development plat, or an amending plat or replat, as determined by the context.
Plinth means the usually square slab beneath the base of a column, pier, or pedestal. Also, a continuous, usually projecting course of stones forming the base or foundation of a wall.
Plinth course means the top most course of the plinth masonry.
Porte-cochere means a permanent structure that is structurally and aesthetically integrated into a residence, and that is erected over a driveway to allow for the parking of vehicles. Such structure is open on two sides and provides covered, direct access to a primary or secondary entrance to the structure.
Pre-application meeting means a meeting with the development review committee (planning, engineering, fire, building, etc.) which may be required for an application submittal. This term is abbreviated in this UDC as "PAM."
Primary building means a building in which is conducted the principal use of the lot on which it is situated.
Principal use means the primary use of a property or lot.
Private real property means privately owned land other than any part of privately owned land that is subject to an easement or other encumbrance that allows the city to use the property for a public purpose.
Private street means a classification of streets that are owned and maintained by a homeowners' association or property owner's association, and which are not dedicated to the public.
Property line means a line of record bounding a lot, as indicated on an approved, filed, and recorded plat, which divides one lot from another lot or from a public right-of-way or private street or any other public right-of-way or private space.
Property owner means any person or firm, association, syndicate, general or limited partnership, corporation, trust or other legal entity, or any agent thereof, that has sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these subdivision regulations. In any event, the term "property owner" shall be restricted to include only the owner(s) or authorized agent(s) of such owner(s), such as a developer, of land sought to be subdivided.
PROWAG means the acronym for Public Rights-of-Way Accessibility Guidelines.
PSI means the abbreviation for pound per square inch.
Public hearing means a meeting held by the planning commission, board of adjustment, or city commission where action is conducted on an application after public commentary is heard.
Public improvements means facilities, infrastructure, and other appurtenances, typically owned and maintained by the city (but not necessarily located upon city-owned property or right-of-way). Public improvements can be located upon public property or upon private property in a public easement. Public improvements serve a public purpose in providing a needed service or commodity, such as wastewater collection and treatment and water storage and distribution, and protect the general health, safety, welfare and convenience of the city's residents, including efficiency in traffic circulation and access for emergency services. The term "public improvements" shall not include facilities or infrastructure of private providers of utility services other than water and wastewater, but shall be deemed to include facilities and infrastructure that the city would normally require of a development but which will be owned and maintained by an entity such as a homeowners' association, as in the case of private streets.
Public view means a view from any public or city right-of-way or access easement.
Quoin means an external solid angle of a wall, or one of the stones forming such an angle, usually differentiated from the adjoining surfaces by material, texture, color, size, or projection.
Rear yard means a yard between the rear property line and the rear line of the primary building and the side property lines.
Recreational vehicle means a vehicular, portable item that can be transported over the highways and containing living or sleeping accommodations, such structure being designed and actually used as a temporary dwelling during travel for recreation and pleasure purposes, and not exceeding eight feet in width and not exceeding 22 feet in length.
Refuse enclosure means an outdoor structure that encloses a dumpster or trash receptacle.
Refuse facilities means those facilities such as trash receptacles, dumpsters and any enclosures, structures, shrubs, and other features required to store trash, waste, and debris.
Regulating plan means the detailed map establishing the Downtown District boundaries and subdistricts where special zoning and development regulations apply.
Residential district means those zoning districts where residential uses are the primary uses. Residential zoning districts are those designated as TA, R-1, R-2, and R-3, unless specified otherwise.
Residential transition means a buffering and screening technique used to shield residential properties from more intensive, nonresidential uses.
Rezoning means an amendment to the official zoning map to effect a change in the nature, density, or intensity of uses and development characteristics allowed on a property.
Right-of-way means a parcel of land occupied, or intended to be occupied, by a street or alley. Where appropriate, "right-of-way" may include other facilities and utilities such as sidewalks; railroad crossings; electrical, communication, oil and gas facilities; water and sanitary and storm sewer facilities; street improvements; and any other special use. The use of right-of-way shall also include parkways and medians outside of the paved portion of the street. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and shall not be included within the dimensions or areas of such lots or parcels.
Roof means the external upper covering of a building, including the frame for supporting the roofing.
Roof line means the height that is defined by the intersection of the roof of the building and the wall of the building; except, for mansard-type roofs, the roof line means the top of the lower slope of the roof. Roofs with parapet walls completely around the building and not exceeding four feet in height may be considered as the roof line.
Screening device means a barrier of permanent material of sufficient height and density so that the objects being screened are not visible from any point on the lot line when viewed from the ground level.
Searchlight means a lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp, and with a swiveled or gimbaled mount to allow the assembly to be easily redirected. Searchlights include such lights that are used commonly to sweep the sky for advertisement purposes.
Secure bicycle parking area means a weather-protected, standalone bicycling parking structure or building extension with shared racks and access control.
Setback means a line, generally parallel with and measured from the property line, defining the limits of a yard in which no building, other than accessory buildings nor structure may be located above ground, except as may be provided in this UDC. See definition of "yard."
Shielding means light emitted from the fixture is projected below a horizontal plane running through the lowest point of the fixture where light is emitted.
Shutters means pairs of solid or slatted window coverings, traditionally hinged to the exterior of a building to either side of a window, used to block light or wind from the interior of a building.
Side yard means a yard between the primary building and the adjacent side property line, and extending entirely from a front yard to the rear yard.
Sign means a visual display of an object or device that includes elements such as colors, lights, motion, symbols, images, icons, letters, numerals, figures, characters, or combines any of those elements, that is intended to communicate, advertise, identify, announce, direct, inform, or attract attention and that is visible from a public right-of-way. The term "sign" includes a structure used to support or display a sign.
Sign height means the vertical distance measured from the highest point of a sign to the ground or lowest grade beneath the sign.
Sign permit means a permit authorizing the erection or maintenance of a sign pursuant to this UDC.
Sign structure means any combination of materials to form a construction for the purpose of attaching, fixing, or otherwise supporting a sign, whether installed on, above, or below the surface of the lot, a building, or any other solid surface.
Site plan means a detailed, scaled drawing of all surface improvements, structures, uses, and utilities proposed for development associated with this UDC.
Specified anatomical area means less than opaquely covered human genitals, pubic region, or pubic hair; or less than opaquely covered perineum, buttock, or anus; or less than opaquely covered female breast below a point immediately above the top of the areola.
Specified sexual activities means human genitals in a discernible state of sexual stimulation or arousal; or acts or representations of human masturbation, sexual intercourse, sodomy, bestiality, excretory functions, sadism, masochism, lewd exhibition of genitals; or fondling or other erotic touching of human genitals, pubic region or pubic hair, perineum, buttock or anus, or female breast.
Spot lamp means a specific form of lamp designed to direct its output in a specific direction (a beam) with a reflector formed from the glass envelope of the lamp itself, and with a clear or nearly clear glass envelope. Spot lamps are those lamps so designated by the manufacturers.
Spot light means a lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp.
Staff committee means the committee responsible for providing commentary and insight at pre-application meetings.
Stealth design means any telecommunication facility that is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and antenna structures designed to look like another object, such as a light pole, clock towers, bell steeples, or a tree.
Story means that portion of a building included between the surface of a floor and the surface of a floor next above it, or if there is no floor above it, then the portion of the building between the surface of a floor and the ceiling or roof above it. A basement shall be counted as a story for the purposes of height regulations, if the vertical distance from grade to the ceiling is more than seven feet.
Street means that part of a right-of-way, whether public or private and however designated, which provides vehicular access to adjacent land and other streets and may include additional facilities for transportation of persons, utilities, drainage, and other street improvements.
Street, highway, means a limited access, high speed, variable width roadway with grade separated interchanges, typically of regional significance where interchanges may have a significant impact on land use due to their desirability as locations for commerce and industry.
Street, industrial collector, means a street that primarily accommodates large vehicular traffic for industrial or heavy commercial purposes.
Street, local, means a street interconnected within neighborhoods that adjoin other neighborhoods.
Street, major arterial, means a street that provides for longer, direct trips on relatively straight paths that often connect to highways.
Street, minor arterial, means a street typically found between major arterials that provide continuous paths to intermediate destinations and alternate routes for longer trips.
Street, non-industrial collector, means a street typically found between minor arterials that provide frequent interconnections between neighborhoods where local trips mostly avoid the arterial network.
Street yard means the area between the front property line and the minimum front setback line.
Streetscape means the area within street right-of-way that contains sidewalks and pedestrian facilities, street furniture, landscaping, or trees.
Stringcourse means a horizontal course of brick or stone flush with or projecting beyond the face of a building, often molded to mark a division in the wall.
Structural alteration means any change, addition, or modification in construction in the supporting members of a building, such as exterior walls, bearing walls, beams, columns, foundations, girders, floor joists, roof joists, rafters, or trusses.
Structure means anything constructed, the use of which requires permanent location on the ground or attachment to something having permanent location to the ground (not including sidewalks, driveways and similar improvement areas).
Subdistrict means the areas within the DT and TL Districts.
Subdivision means a division or re-division of any tract of land situated within the city's corporate limits into two or more parts, lots or sites, for the purpose, whether immediate or future, of sale, division of ownership, or building development. "Subdivision" includes re-subdivisions of land or lots that are part of a previously recorded subdivision.
Submittal. See "application."
Submittal checklist means the requirements specified for a specific development application on a form furnished by the city.
Submittal date means the date when forms, fees, plans, information and copies have been submitted to the city for the purposes of meeting requirements for a development application.
Temporary lighting means lighting which does not conform to the provisions of this section and which will not be used for more than one 30-day period within a calendar year, with one 30-day extension. Temporary lighting is intended for uses that by their nature are of limited duration, for example, holiday decorations, civic events, or construction projects.
Temporary use means any use designed, built, erected or occupied for short and/or intermittent periods of time.
Tenant means a distinct user that occupies a portion of a multi-tenant building, lot, or development, regardless of the legal arrangement allowing occupancy between the owner of the building, lot, or development and the user.
Twin Lakes Master Plan means the city's adopted master plan for Shawnee Twin Lakes.
UDC means the abbreviation for the Unified Development Code of the City of Shawnee, Oklahoma.
Uplighting means lighting that is directed in such a manner as to shine light rays above the horizontal plane.
U-rack means a "U-shaped" bicycle facility affixed to pavement that's stores up to two bicycles which are locked from the outside.
Use means the purpose for which land or a building or structure thereon is designed, arranged, intended, or maintained or for which it is or may be used or occupied. This definition does not alter or affect the definition of nonconforming use.
Variance means an adjustment to specific regulations of this UDC to a particular lot, building, tenant, or storefront which, because of special conditions or circumstances, peculiar to the particular lot, building, tenant, or storefront, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other properties in the same vicinity and zoning or sign district.
Vehicle means any automobile, truck, camper, van, trailer, or any device capable of transporting persons or property and shall be considered a "vehicle" in both moving and stationary modes, irrespective of condition.
Visible light reflectance means the amount of light reflected away by a glass window's film.
Waiver means a process for alleviating a specific requirement in this UDC's subdivision regulations.
Wall area means the surface of an elevation excluding doors and windows.
WB-50 means the type of trucks with wheelbases in the range of 50 feet.
Xeriscape means a type of landscaping design that uses a combination of native plants and grasses, approved hardscapes, and drought-tolerant ground covers and planting materials for the purpose of conserving water and protecting the local environment.
Yard means the open area between building setback lines and lot lines.
Zero lot line means a lot line where one or more of a building's sides rest directly on a side lot line.
Zoning district means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of the city's UDC, as amended.
Zoning map means the official map of Shawnee, Oklahoma upon which the boundaries of the various zoning districts are drawn and which is an integral part of the UDC, which may also be cited as the official zoning map.
(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)
DEFINITIONS
A.
Usage and interpretation rules. For the purpose of this UDC, certain terms or words are interpreted or defined as follows:
1.
Words used in the present tense include the future tense;
2.
The singular includes the plural;
3.
The word "person" includes a corporation, trust, individual, and/or group of individuals;
4.
The term "shall" is always mandatory; and
5.
The term "may" is discretionary.
6.
A reference to an official includes a designee of that official.
7.
When the calculation of a number for a required standard results in a fraction, that fraction is rounded up to the next whole number.
B.
Words and terms not expressly defined. Words and terms not expressly defined in this article are to be construed according to the normally accepted meaning of those words or terms. Where no definition appears, then according to their customary usage in the practice of planning and engineering, as determined by the director.
(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)
A.
Residential uses.
1.
Household living.
Barndominium means a structure that includes living space and barn space on an agricultural property. Barns detached from the living space operating as a separate structure are not included in this definition.
Bungalow court means a group of small, detached structures arranged around a shared court visible from the street. Dwelling unit entrances are from the shared court.
Courtyard apartment means a medium-to-large sized detached residential structure consisting of multiple side-by-side and/or stacked dwelling units oriented around a courtyard or series of courtyards. Each unit is accessed from the courtyard and shared stairs each provide access up to three units.
Detached single-family dwelling means a single-family dwelling (a building designed exclusively for occupancy by one family) which is not attached to any other dwelling or building by any means, excluding mobile homes and manufactured housing situated on a permanent foundation.
Duplex means a building designed for occupancy by two individuals or families living independently of each other within separate units which have a common wall and are under one roof.
Fourplex means a detached residential structure containing four dwelling units, designed for occupancy by not more than four families living independently of each other.
Live-work unit means a dwelling unit that is also used for work purposes, provided that the "work" component is restricted to the uses of professional office, artist studio, or other similar uses and is located on the street level.
Manufactured home means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. All references in this article to manufactured housing or manufactured home(s) shall be references to HUD-code manufactured housing, unless otherwise specified. This use does not include mobile homes.
Mixed-use building means the development of a building or structure with two or more different uses such as but not limited to residential, office, retail, public, or entertainment, in a compact development form. A mixed-use building is a building with any of the following floor space configurations:
1.
An office, as defined below, located above the ground floor, where the ground floor is occupied by any general retail use; or
2.
Any general retail use on the ground floor, and residential dwelling units above the ground floor or behind the nonresidential floor area. The floor space above the ground floor may be occupied by nonresidential floor area in addition to dwelling units.
Mobile home means a structure constructed before June 15, 1976, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. Mobile homes shall not be used as dwelling units within the corporate limits of the city.
Modular home means a dwelling unit constructed on-site in accordance with the [state or municipal] code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.
Multi-family dwelling (apartment) means a residential structure arranged, intended, and designed to be occupied by 13 or more families living independently of each other, and each including its own separate kitchen and bathroom accommodations.
Multiplex means a detached residential structure that consists of five to 12 dwelling units arranged in side-by-side and/or stacked design.
Tiny home means a single-family residential structure typically 600 square feet or less which may or may not be attached to a permanent foundation.
Townhouse means a dwelling that is part of a structure containing three or more dwellings, each designed and constructed for occupancy by one family, with each dwelling unit attached by a common wall to another, in which each dwelling is located on a separate platted lot.
Triplex means a detached residential structure containing three dwelling units, designed for occupancy by not more than three families living independently of each other.
2.
Group living.
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 programs 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 settings also typically provide features that enhance resident autonomy, such as lockable doors, full bathrooms, temperature control and single occupancy, and may provide limited cooking facilities in individual units.
Community group home means a community-based group living use for elderly persons or persons with disabilities that allows independent living and that provides communal room and board, personal care, and habilitation services in a household-like environment. Community group homes for eight or fewer persons are considered household living uses. All community group homes shall meet the required state licensing requirements.
Dormitory means a building in which housing is provided for individual students under the general supervision or regulation of an accredited college or university and as distinguished from an apartment, hotel, motel, or rooming house. A dormitory may provide apartment units for guests, faculty, or supervisory personnel on a ratio not to exceed one such apartment unit for each 50 students for which the building is designed. Individual rooms or suites of rooms may have cooking facilities. The dormitory may include facilities such as a commissary and/or snack bar, lounge, and study area, dining halls, and accessory kitchen, recreation facilities, and laundry, provided that these facilities are for the benefit and use of the occupants and their guests and not open to the general public.
Emergency and protective shelter means a residential use that provides room and board for a continuous period of no more than 30 consecutive days for adults or children who have been abused, displaced or are transient. Such uses provide protection services and typically provide counseling and pre-placement screening services as well.
Life care retirement center means a residential facility designed for and principally occupied by elderly persons in a planned retirement community that includes a residential complex, an activity or community center and a medical or skilled nursing care facility licensed by the State of Oklahoma as an intermediate care facility or a skilled nursing center.
Re-entry facility means a facility operated by the city, the state, the federal government or a private party under contract with the city, the state or the federal government and used for rehabilitation and overnight accommodation of individuals, including staff, who are (a) under the jurisdiction of a court, but not under confinement, or (b) individuals recently released from the jurisdiction of a court. Re-entry facilities are operated for the purpose of providing treatment or rehabilitation intended to assist such individuals with their re-entry into the community.
Residential treatment center means a community-based residential facility that provides diagnostic or therapeutic services, counseling, or treatment and long-term room and board in a highly structured environment for persons receiving active treatment for alcoholism, drug abuse or behavioral disorders.
Rooming/boarding house means a building, other than a hotel or multiple-family dwelling, where lodging is provided to persons for compensation, and where facilities for food preparation are not provided in individual rooms.
B.
Commercial uses.
1.
Afterlife service.
Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including ancillary mausoleums, columbariums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
Funeral services means an establishment used primarily for human funeral services, which may or may not include facilities on the premises for embalming and, performing of autopsies or other surgical procedures. Examples include funeral homes, mortuaries, crematoriums, or columbariums. Cemeteries may be on-site as an accessory use.
2.
Animal service.
Kennel means a facility licensed to house dogs, cats, or other household pets and/or where grooming, breeding, boarding or training or selling of animals is conducted as business. This includes pet resorts/hotels, pet adoption centers, dog training centers, animal rescue shelters and sanctuaries.
Veterinary means any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases and injuries. This use includes any necessary overnight care, medical treatment, and monitoring services for any boarded animal.
3.
Assembly and entertainment.
Assembly hall means a building or portion of a building in which facilities are provided for civic, educational, political, religious, or social purposes.
Broadcast or recording studio means a facility that provides for audio or video production, recording or broadcasting for public reception.
Commercial amusement (indoor) means a place where entertainment activities occur completely within an enclosed structure for a fee, including, but not limited to, theaters, bowling alleys, arcades, skating rinks, escape rooms, pool halls, video and pinball parlors.
Commercial amusement (outdoor) means a place where entertainment activities occur outdoors for a fee, including, but not limited to, miniature golf, batting cages, water slides, driving ranges, and go-cart tracks.
Nightclub means a type of entertainment facility that comprises of a dance floor, lightshow, and/or stage for the playing of live music or disc jockey recordings that serves alcoholic beverages and incidental food sales.
4.
Commercial service.
Building service means uses that provide maintenance and repair services for all structural and mechanical elements of structures, as well as the exterior spaces of premises. Typical uses include janitorial, landscape maintenance, carpet cleaning, chimney sweeps, extermination, plumbing, electrical, HVAC, roofing, window cleaning and similar services. Service vehicles may be stored overnight on the premises.
Business support service means uses that provide personnel services, printing, copying, package (delivery) drop-off, photographic services or communication services to businesses or consumers. Typical uses include copy and print shops, telephone services and photo developing labs.
Heavy equipment services and sales means the sales and maintenance of heavy machinery. This includes establishments primarily engaged in sales, renting, or servicing machinery and equipment for use in business, agricultural, or industrial operations. These establishments typically cater to a business clientele and do not generally operate a retail-like or store-front facility. "Heavy machinery" includes office equipment, machinery tools, construction equipment, farm implements, excavation equipment, or transportation equipment.
Personal services means shops and establishments primarily engaged in providing services generally involving the care of the person or such person's apparel, or rendering services to business establishments such as laundry or dry-cleaning retail outlets, portrait/photographic studios, beauty or barber shops, hair and nail salons, tanning services, massage spas, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, gunsmiths, locksmiths, vacuum repair shops, electronics repair shops and similar establishments. Business that offer repair and maintenance service for large equipment or technicians who visit customers' homes or places of business are classified as a "building service."
Research service means uses engaged in scientific research and testing services leading to the development of new products and processes. Such uses resemble office buildings or campuses and do not involve the mass production, distribution or sale of products. Research services do not produce odors, dust, noise, vibration or other external impacts that are detectable beyond the property lines of the subject property.
5.
Financial service.
Alternative financial services means an establishment that:
a.
Is not a bank or financial lending institution subject to federal or state regulation;
b.
Charges a fee to cash a check or have a check processed; and
c.
Provides such services to the public. This use includes "payday lenders" which are establishments that are substantially in the business of negotiating, arranging, aiding, or assisting a consumer in procuring "payday loans."
Bail bond means a use that provides surety and pledged money or property as bail for the appearance of persons accused in court.
Financial institution means an establishment where the primary occupation is financial services such as banking, savings, and loans. It does not include financial services that typically occur in an office or storefront, such as investment companies, loan companies, credit and mortgage, insurance services, or brokerage firms), which are classified under "professional office," below.
Pawnshop means an establishment that is engaged to any extent in any of the following business or activities:
a.
The lending of money on the deposit or pledge of personal property, other than choses in action, securities or written evidence of indebtedness;
b.
The purchase of personal property either from an individual, another pawn business or any other business with an expressed or implied agreement or understanding to offer the property for sale to the public, and if that sale is unsuccessful, then to sell it back to the previous owner at a subsequent time at a stipulated price or negotiated price;
c.
The purchase of precious metals with the intent to melt down, provided that such activity is not clearly incidental to the principal use of the establishment; or
d.
The lending of money upon personal property, goods, wares, or merchandise pledged, stored or deposited as collateral security.
6.
Lodging.
Bed and breakfast means an owner-occupied property, other than a hotel or multiple-family dwelling, which offers lodging for paying guests and which serves meals to these guests and which contains one or more guest bedrooms and where facilities for food preparation are not provided in the individual guest bedrooms.
Hotel/motel means a building containing guest rooms in which lodging is provided, with or without meals, for compensation, and which is open to transients or guests, or both. This use may include restaurants, club rooms, banquet halls, ballrooms and meeting rooms as accessory uses. A hotel/motel only provides temporary lodging, and does not include multi-family or attached dwelling or any other form of permanent residence. Guests are prohibited from using a guest room or suite as a primary permanent residence.
Recreational vehicle park/campground means an establishment that provides temporary overnight accommodations for camping in recreational vehicles or tents.
7.
Office.
Artist studio means the workshop of an artist, writer, craftsperson, or photographer, but not a place where members of the public come to receive instruction on a more than incidental basis or to sit for photographic portraits.
Medical office means office uses related to diagnosis and treatment of human patients' illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists, chiropractors and practitioners of massage therapy. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, unless otherwise expressly indicated. Ancillary sales of medications and medical products are allowed in association with a medical, dental or health practitioner office.
Professional office means an office for professionals, such as lawyers, architects, financiers, engineers, artists, musicians, designers, teachers, accountants and others who, through training, are qualified to perform services of a professional nature and where no storage or sale of merchandise exists, except as accessory to the professional services. Professional office uses are not medical offices or artist studios. Examples include corporate office, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations.
8.
Restaurants and bars.
Bar means uses that cater primarily to adults, 21 years of age and older and that sell and serve alcoholic beverages as their principal business.
Brewpub means a licensed establishment operated on the premises of, or on premises located contiguous to, a small brewer, that prepares and serves food and beverages, including alcoholic beverages, for on-premises consumption.
Food preparation and sales means a place for preparing, cooking, baking, and selling of products on the premises but not for on-site consumption. Accessory office and waiting spaces shall be incidental to the primary use.
Food truck park means an area designated for mobile vendors (e.g., food trucks) to park and sell food, beverages, and other retail items or services to patrons. This use may include any necessary electrical outlets, seating/dining areas, restroom facilities, and trash receptables needed for the food trucks daily operations.
Hookah lounge means an establishment whose business operation, whether as a principal use or as an accessory use, includes the smoking of tobacco or other substances through one or more hookah pipes (also commonly referred to as a hookah, waterpipe, shisha or narghile), including, but not limited to, establishments known variously as hookah bars, hookah parlors or hookah cafes.
Restaurant means an establishment where food and drink are prepared, sold to customers, and may be consumed on the premises. A restaurant may include the incidental sales and service of alcoholic beverages for on-site consumption.
9.
Retail sales.
Building supplies and equipment means retail sales uses that sell or otherwise provide goods to repair, maintain or visually enhance a structure or premises. Typical uses include hardware stores, home improvement stores, paint and wallpaper supply stores and garden supply stores.
Convenience store means a retail store containing less than 10,000 square feet of gross floor area which sells everyday goods and services which may include, without limitation, ready-to-eat food products, groceries, over-the-counter drugs, and sundries.
Grocery store means retail sales uses that sell or otherwise provide assorted goods; products for personal grooming and for the day-to-day maintenance of personal health; and that sell food and beverages for off-premise consumption; and that have a floor area dedicated to the sale of fresh meat, fruits and vegetables. A principal use grocery store may include an accessory use restaurant or dining area for on-premise consumption of food and beverage items. This use does not include medical marijuana dispensaries.
Retail store means retail sales uses that sell or otherwise provide wearing apparel, fashion accessories, furniture, household appliances and similar consumer goods, large and small, functional and decorative, for use, entertainment, comfort, personal well-being, or aesthetics. Typical uses include clothing stores, department stores, pharmacies, appliance stores, TV and electronics stores, bike shops, book stores, costume rental stores, stationery stores, art galleries, hobby shops, furniture stores, pet stores and pet supply stores, shoe stores, antique shops, secondhand stores, record stores, toy stores, sporting goods stores, variety stores, video stores, musical instrument stores, medical supplies, office supplies and office furnishing stores and wig shops. This use does not include grocery stores, building supplies and equipment sales, or medical marijuana dispensaries.
10.
Adult entertainment.
Sexually oriented business means amusement enterprises offering activities and services distinguished or characterized by the depiction or describing of "specified anatomical areas" or "specified sexual activities," as defined below. Such uses shall include, but not be limited to, the following:
a.
Adult arcade means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or token-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of "specified anatomical areas" or "specified sexual activities" as defined here.
b.
Adult bookstore means a commercial establishment that has devoted a substantial or significant portion of its business to the sale, rental, or any form of consideration of any one or more of the following:
i.
Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, videocassettes, videotapes, or other video reproductions, slides, or other visual representations that depict or describe "specified anatomical areas" or "specified sexual activities," as defined here; or
ii.
Instruments, devices, or paraphernalia that depict "specified anatomical areas" or "specified sexual activities" or are designed for use in connection with "specified sexual activities."
c.
Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment that regularly features:
i.
Person or persons who appear in a state of nudity; or
ii.
Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," including topless or bottomless dancers, exotic dancers, or strippers; or
iii.
Films, motion pictures, videocassettes, videotapes, or other video reproductions, slides, or other photographic or visual representations that are characterized by the depiction of "specified anatomical areas" or "specified sexual activities" as defined here.
d.
Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes or tapes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities" as defined here.
e.
Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or live performances that are characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities" as defined here.
f.
Nude modeling studio means any place where a person who appears in a state of nudity, or displays any "specified anatomical area" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
g.
Massage parlor means any place where, for any form of consideration, massage, alcohol rubs, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with any "specified sexual activity," or where any person providing such treatment, manipulation, or service related thereto exposes any "specified anatomical area."
11.
Vehicle sales and service.
Car wash means a facility where the primary or secondary function is washing automobiles, pick-up trucks, and small vans, but not trailers or commercial trucks. This includes both mechanical production line methods or self-service equipment. A car wash may also function as an accessory use to an automobile service station or other primary use.
Commercial vehicle repair and maintenance means uses, excluding vehicle paint finishing shops, that repair, install or maintain the mechanical components or the bodies of large trucks, mass transit vehicles, large construction or agricultural equipment, aircraft or similar large vehicles and vehicular equipment. Includes truck stops and fleet vehicle fueling facilities, which may dispense conventional vehicle fuels and/or alternative vehicle fuels.
Commercial vehicle sales and rentals means uses that provide for the sale or rental of large trucks, moving equipment (e.g., U-haul and Ryder) construction or agricultural equipment, aircraft, or similar large vehicles and vehicular equipment.
Heavy personal vehicle repair and maintenance means an establishment that offers mechanical and body work on motor vehicles including straightening of body parts, body repairs, battery rebuilding, painting, welding, short term storage of automobiles not in operating condition, outdoor similar work on motor vehicles that may involve noise, glare, fumes, smoke, or similar impacts.
Light personal vehicle repair and maintenance means minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air conditioning systems, and other similar minor services for light load vehicles.
Personal vehicle sales and rentals means uses that provide for the sale or rental of new or used autos, small trucks or vans, trailers, motorcycles, motor homes or recreational vehicles including recreational watercraft. Typical examples include automobile dealers, auto malls, car rental agencies. Car-share vehicles that are parked or stored when not being used by members of a car-share program are not regulated as personal vehicle sales and rental uses, but are instead considered accessory parking.
Service station means a building or place arranged, designed, used, or intended to be used for the primary purpose of dispensing gasoline, oil, diesel fuel, liquefied petroleum gases, greases, batteries, and other automobile accessories at retail direct to the on-premises motor vehicle trade provided that the above services shall not be construed to include major overhaul, the removal and/or rebuilding of an engine, cylinder head, oil pan, transmission, differential, radiator, springs, or axles, steam cleaning, body or frame work, painting, upholstering and replacement of glass.
Vehicle equipment and supplies sales and rentals means uses related to the sale, lease or rental of new or used parts, tools or supplies for the purpose of repairing or maintaining motor vehicles.
C.
Marijuana uses.
Medical marijuana commercial grower means an entity licensed to cultivate, prepare and package medical marijuana and transfer or contract for transfer medical marijuana to a medical marijuana dispensary, medical marijuana processor, any other medical marijuana commercial grower, medical marijuana research facility, medical marijuana education facility and pesticide manufacturers. A commercial grower may sell seeds, flower or clones to commercial growers pursuant to the Oklahoma Medical Marijuana and Patient Protection Act.
Medical marijuana dispensary means an entity that has been licensed by the department pursuant to the Oklahoma Medical Marijuana and Patient Protection Act to purchase medical marijuana or medical marijuana products from a licensed medical marijuana commercial grower or medical marijuana processor, sell medical marijuana or medical marijuana products to patients and caregivers as defined under the Oklahoma Medical Marijuana and Patient Protection Act, or sell or transfer products to another dispensary.
Medical marijuana education facility means an entity approved pursuant to the Oklahoma Medical Marijuana and Patient Protection Act to operate a facility providing training and education to individuals involving the cultivation, growing, harvesting, curing, preparing, packaging or testing of medical marijuana, or the production, manufacture, extraction, processing, packaging or creation of medical-marijuana-infused products or medical marijuana products as described in the Oklahoma Medical Marijuana and Patient Protection Act.
Medical marijuana processor means an entity licensed pursuant to the Oklahoma Medical Marijuana and Patient Protection Act to operate a business including the production, manufacture, extraction, processing, packaging or creation of concentrate, medical-marijuana-infused products or medical marijuana products as described in the Oklahoma Medical Marijuana and Patient Protection Act.
Medical marijuana research facility means an entity approved pursuant to the Oklahoma Medical Marijuana and Patient Protection Act to conduct medical marijuana research. A medical marijuana research facility is not a medical marijuana business.
Medical marijuana testing laboratory means a public or private laboratory licensed pursuant to the Oklahoma Medical Marijuana and Patient Protection Act, to conduct testing and research on medical marijuana and medical marijuana products.
D.
Industrial uses.
1.
Warehouse, distribution, and storage.
Contractor's shop and storage yard means the offices and/or storage facilities for a specialized trade related to construction, electric, glass, painting and decorating, welding, water well drilling, sign making, or similar items. This use includes storage yards (for equipment, materials [including sand, road-building aggregate or lumber], supplies and/or vehicles owned or rented by the establishment), roofing and sheet metal, fabrication of cabinetry and related millwork and carpentry, elevator maintenance and service, and venetian blind and metal awning fabrication and cleaning. Incidental sales of materials are included within this definition.
Equipment and materials storage, outdoor, means uses related to outdoor storage of equipment, products or materials, whether or not stored in containers.
Freight terminal means a building or area in which freight brought by motor truck is assembled and/or stored for shipping by motor truck.
Self-service storage facility means a facility used for storage of goods and/or materials with separate access to individual storage units by persons renting the individual units.
Warehouse means uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods and that do not meet the definition of a "self-service storage facility" or a "freight terminal."
Warehouse, distribution, and wholesale means a facility or area for the storage of goods, and the sale of goods to other firms for resale, including activities involving significant storage and movement of products or equipment. This use does not involve manufacturing or production. Examples include:
a.
Carting;
b.
Cold storage;
c.
Distribution facilities (as defined below);
d.
Dry goods wholesale;
e.
Express crating;
f.
Hauling;
g.
Feed locker plants;
h.
Fulfillment centers that combine storage with call centers;
i.
Hardware storage;
j.
Merchant wholesalers (such as restaurant supply sales);
k.
Warehouse or produce/fruit/food storage and wholesale structures;
l.
Wholesale sale of paper supplies, shoes, sporting goods, professional and commercial equipment and supplies, and otherwise preparing goods for transportation.
A "distribution facility" means the intake of goods and merchandise, individually or in bulk, the short-term holding or storage of such goods or merchandise, and/or the breaking up into lots or parcels and subsequent shipment off-site of such goods and merchandise. Distribution may be provided to an entity with an identity of interest with the distribution facility or to businesses and individuals unrelated to the distributor. The term "distribution facility" also includes a transshipment facility for the temporary holding, storage and shipment of goods or vehicles.
Wholesale showroom facility means an establishment that primarily consists of sales offices and sample display areas for products and/or services delivered or performed off-premises. Catalog and telephone sales facilities are appropriate. Retail sales of products associated with the primary products and/or services are permitted. Warehousing facilities shall maintain a minimum of 75 percent of its total floor area devoted to storage and warehousing not accessible to the public.
2.
Low-impact manufacturing and industry.
Craft manufacturing means the manufacturing and production of goods by a craftsperson done by hand or small machinery, located within a building or indoor tenant space. This use typically includes, but is not limited to, jewelry, metalwork, cabinetry, woodworking, stained glass, textiles, ceramics, or handmade food products for off-site consumption.
Industrial and manufacturing, light, means manufacturing of products, from extracted, raw, recycled or secondary materials, including bulk storage and handling of those products and materials, or crushing, treating, washing, and/or processing of materials. This includes similar establishments, and businesses of a similar and no more objectionable character. It also includes incidental finishing and storage. Goods or products manufactured or processed on-site may be sold at retail or wholesale on or off the premises. This does not include any activity listed under "industrial and manufacturing, heavy." Examples of general manufacturing include the manufacture or production of the following goods or products: apparel (including clothing, shoes, dressmaking); boats and transportation equipment; brooms; caskets; communication or computation equipment; dairy products; die-cut paperboard and cardboard; drugs, medicines, pharmaceutical; electrical equipment or machinery; farm machinery; fasteners and buttons; feed and grain; food/baking (including coffee roasting, creameries, ice cream, ice, frozen food, confectionery, and beverage); fruit and vegetable processing, canning and storage; gaskets; glass products made of purchased glass; household appliances; industrial controls; leather and allied products; lithographic and printing processes (including printing plants as defined below); mattresses; medical equipment and supplies; medicines; mill work and similar woodwork; mobile homes; musical instruments; novelties; office supplies; optical goods; photographic equipment; prefabricated and modular housing and components; printing and print supplies (including printing plants); 3-D printing, radio and TV receiving sets; sanitary paper products; scientific and precision instruments; service industry machines; signs; textiles (including dyeing, laundry bags, canvas products, dry goods, hosiery, millinery); tobacco products; toys, sporting and athletic goods; and watches and clocks. A "printing plant" means a facility devoted to printing or bookbinding, including related large-scale storage and transshipment.
Small brewery means an establishment that manufactures less than 65,000 barrels of beer annually pursuant to a validly issued small brewer license hereunder. Small Breweries may include tasting rooms.
Wine and spirits wholesaler/distributor means any sole proprietorship or partnership licensed to distribute wine and spirits in the state. The term "wholesaler", as used in the Oklahoma Alcoholic Beverage Control Act, shall be construed to refer to a wine and spirits wholesaler.
3.
Moderate to high-impact manufacturing and industry.
Industrial and manufacturing, heavy, means the manufacturing, processing, and storing of paper, chemicals, plastics, rubber, cosmetics, drugs, nonmetallic mineral products (such as concrete and concrete products, glass), primary metals, acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, electrical equipment, appliances, batteries, and machinery. This use also includes the heaviest and most intensive facilities which warrants additional review by the city such as: asphalt and concrete mixing plants, smelting, animal slaughtering, oil refining, and magazine contained explosives facilities.
Large brewery means an establishment where beer or malt beverages are made on the premises at an annual production rate of over 65,000 barrels. Large breweries may include tasting rooms.
Mining or mineral processing means the extraction or quarrying of coal, ores, stone, minerals, top soil or aggregate resources from the ground. Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining and top soil extraction. Also includes crushing, washing and grading coal, ore, stone, sand, gravel, minerals, top soil or aggregate resources and manufacture of Portland cement.
4.
Recycling.
Consumer material drop-off station means an establishment that:
a.
Accepts consumer recyclable commodities directly from the consuming party;
b.
Is staffed by personnel on site for a minimum of 20 hours per week; and
c.
Stores materials temporarily before transferring them to recyclable material processing facilities.
Recycling facility means a facility used for the collection and/or processing of recyclable material. Processing means the preparation of material for efficient shipment by such means as baling, compacting, flattening, grinding, crushing, mechanical sorting or cleaning. Such a facility, if entirely enclosed within a building or buildings, shall be considered a warehouse.
Salvage yard means a place where waste, discarded or salvage materials are bought, sold, exchanged, bailed, packed, disassembled or handled, including all wrecking yards, house-wrecking yards, used lumber yards and places or yards 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 pawnshops and establishments.
Solid waste facility means a facility where non-hazardous wastes are taken from collection vehicles, temporarily stored, and ultimately relocated to a permanent disposal site. This includes any facility, incinerator, landfill, materials recovery facility, municipal solid waste landfill, private or public solid waste management facility, recovered materials processing facility, sanitary landfill, or solid waste management facility.
Solid waste transfer station means a facility and/or premises at which solid waste is temporarily deposited prior to ultimate removal to a permanent solid waste storage site.
E.
Transportation uses.
Airport means a place where an aircraft can land and take off, usually equipped with hangars, landing pads, facilities for refueling and repair, and various accommodations for passengers and/or freight.
Bus terminal means any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.
Parking facility means a designated lot or area on a lot for the parking of vehicles, inclusive of surface and multi-level, structured parking facilities.
Railroad station means any premises for the transient parking of trains and the loading and unloading of passengers.
Transit station means an area or facility where people wait for transportation services.
Trucking and transportation terminals means uses engaged in the dispatching and long-term or short-term storage of trucks, buses, and other vehicles, including parcel service delivery vehicles, taxis and limousines. Minor repair and maintenance of vehicles stored on the premises is also included. Includes uses engaged in the moving of household or office furniture, appliances, and equipment from one location to another, including the temporary on-site storage of those items.
F.
Public, civic, and institutional uses.
1.
Child care facilities.
Child care center means an entity that provides care, supervision, and learning opportunities for children that operates 30 or more hours per week.
Family child care home means a family home which provides care and supervision for seven or fewer children for part of the 24-hour day. The term "family child care home" shall not include informal arrangements which parents make independently with neighbors, friends, and others, or with caretakers in the child's own home. This use shall include "large family child care homes." Such a use is a residential family home which provides care and supervision for eight to 12 children for part of the 24-hour day.
Foster family home means the private residence of a family which provides foster care services to a child, and includes a specialized foster home, a therapeutic foster family home, or a kinship care home.
Part-day child care program means a program that provides care and supervision for children and that operates for more than 15 and up to 30 hours per week.
Residential child care facility means a 24-hour residential facility where children live together with or are supervised by adults who are not their parents or relatives.
2.
Institutional.
College or university means institutions of higher learning that offer courses of general or specialized study and are authorized to grant academic degrees. The college or university use subcategory includes classrooms and instructional spaces, as well as on-campus residence halls, fraternity and sorority houses, administrative buildings, auditoriums and other on-campus uses and facilities that provide customary accessory and support functions for college or university uses.
Correctional facility means an institution operated by the city, the state, the federal government or a private party under contract with the city, the state or the federal government for the confinement and punishment and treatment or rehabilitation of offenders under the jurisdiction of a court.
Governmental service means local, state, or federal government services or similar functions, that are not otherwise classified. Typical uses include health departments, courthouses, soup/food kitchens, and food pantries.
Hospital means uses providing medical or surgical care to patients and offering inpatient (overnight) care.
Library, museum, or cultural exhibit means an institution for the collection, display and distribution of objects of art, science, or library sciences and which are sponsored by a public or quasi-public agency that is open to the general public.
Natural resource preservation means undeveloped land left in a natural state for specific use as visual open space or environmental purposes. Typical uses include wildlife or nature preserves, arboretums, flood management projects and reservoirs.
Postal service means local branch of the United States Postal Service or private commercial venture engaged in the distribution of mail and incidental services.
Religious land use means a structure or group of structures intended for regular gatherings of people to attend, participate in or conduct religious services and other related activities and associated accessory uses. Associated accessory uses may include religious instruction classrooms, church offices, counseling programs, private school, youth programs, parking, child and adult day care facilities, summer camps, recreational facilities, caretaker's quarters, food bank, thrift shop, sale of religious items, and cemeteries.
Safety service means establishments that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, ambulance services and storm or civil defense shelters.
School means public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory education.
Technical school means uses in an enclosed building that focus on teaching the skills needed to perform a particular job. Examples include schools of cosmetology, modeling academies, computer training facilities, vocational schools, administrative business training facilities and similar uses. Truck driving schools are classified as "trucking and transportation terminals" (wholesale, distribution and storage use category).
3.
Infrastructure.
Building or tower-mounted antennas means the physical device that is attached to a freestanding tower, building or other structure, through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received.
Freestanding towers means a structure intended to support equipment that is used to transmit and/or receive telecommunications signals, including monopoles and guyed and lattice construction steel structures.
Utilities and public service facility, major, means infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include, but are not limited to, water and wastewater treatment facilities, high-voltage electric substations, utility-scale power generation facilities (including wind, solar and other renewable and nonrenewable energy sources), sanitary landfills and utility-scale water storage facilities, such as water towers and reservoirs.
Utilities and public service facility, minor, means infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and public service facilities generally do not have regular employees at the site and typically have few if any impacts on surrounding areas. Typical uses include water and sewer pump stations; gas regulating stations; underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/broadcast facilities.
Wireless communication facility means towers, antennas, equipment, equipment buildings and other facilities used in the provision of wireless communication services. Wireless communication facility specific use types are listed below.
G.
Recreation uses.
Amphitheater means an open lot with its appurtenant facilities devoted primarily to the showing of motion picture or theatrical productions on a paid admission basis to patrons seated outside in fixed seating or in automobiles.
Civic club or lodge means the use of a building or lot by a not-for-profit organization that restricts access to its facility to bona fide, annual dues-paying members and their occasional guests and where the primary activity is a service not carried on as a business enterprise.
Community center means a building or buildings dedicated to social and/or recreational activities, serving the city or a neighborhood or subdivision, and owned and operated by the city or by a nonprofit organization dedicated to promoting the health, safety, morals, or general welfare of the city.
Country club means land and buildings customarily containing a golf course and a clubhouse and available only to specific private membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts, and similar recreational or service facilities.
Firearm range means a business establishment, private club, or association that operates an area for the discharge or other use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting
Health club means an establishment that provides exercise facilities such as running, jogging, aerobics, weightlifting, indoor/outdoor sports courts, and swimming, as well as locker rooms, showers, and saunas. Uses would typically include racquetball and handball courts, tennis courts, weightlifting and exercise equipment facilities, exercise areas, swimming pools and spas, martial arts, classrooms and/or practice areas, gymnasiums and running or jogging tracks. This shall not include municipal or privately owned, access-only recreation buildings.
Marina means facilities that provide moorage, launching, storage, fueling, supplies and services (other than repair) commonly associated with storing, maintaining and operating recreational and commercial watercraft.
Parks and recreation means recreational, social or multi-purpose uses associated with public parks and open spaces, including playgrounds, playfields, play courts, swimming pools, and other facilities typically associated with public parks and open space areas. Also includes public and private golf courses and tennis clubs.
H.
Agricultural uses.
Agriculture means the use of land for the production of plants and animals useful to humans, including, to a variable extent, the preparation of these products for human use and their disposal by marketing or otherwise, and includes horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee, hatcheries, and any and all forms of farm products and farm production. This includes accessory uses for treating or storing farm products and equipment.
Agritainment means events and activities that allow for recreation, entertainment, and tourism that is in conjunction with on-going agricultural activities on-site (examples include corn mazes, hayrides, wedding venues, and petting zoos).
Animal husbandry means uses that involve the feeding, housing and care of farm animals for private or commercial purposes.
Commercial stable means a structure housing horses which are boarded or rented to the public or any stable other than a private stable, but not including a sale barn, auction or similar trading activity. Accessory uses are permitted and include, but are not limited to, offices, storage areas, caretaker's quarters, educating and training in equitation, and caring for, breeding, or training horses associated with the stable use.
Community garden means an area less than one acre in area that is managed and maintained by an individual, group or business entity to grow and harvest food crops or non-food crops (e.g., flowers). A community garden area may be divided into separate garden plots or orchard areas for cultivation by one or more individuals or may be farmed collectively by members of the group. Community gardens may be principal or accessory uses.
Farm, market or community-supported means an area managed and maintained by an individual, group or business entity to grow and harvest food crops or non-food crops (e.g., flowers) for sale or distribution. Farms may be principal or accessory uses and may be located on a roof or within a building.
Feed and farm supply means an establishment for the selling of foodstuffs for animals and including implements and goods related to agricultural processes but not including farm machinery.
Feedlot means an area or facility primarily engaged in feeding animals. These animals are kept for the products they produce or for eventual sale.
Horticulture nursery means a use involving propagation and growth of trees or plants in containers or in the ground for wholesale or retail sales and distribution. Does not include on-site retail sales unless such sales are otherwise allowed in the subject zoning district.
Oil or gas well means any hole or bore, of any depth, for the purpose of producing and recovering oil, gas, or other hydrocarbon substances or for the injection or disposal of any oil, gas, or other hydrocarbon substances.
Small farm winery means a wine-making establishment that does not annually produce for sale more than 15,000 gallons of wine as reported on the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau, Report of Wine Premises Operations (TTB Form 5120.17).
I.
Accessory uses.
Accessory building means a subordinate building, located on the same lot as the main building, the use of which is clearly incidental to and customarily found in connection with the main building or principal use of the property.
Accessory dwelling unit means an additional dwelling unit integrated within a single-family dwelling, or located in a detached accessory building, such as carriage houses or agricultural-type outbuildings, located on the same lot as single-family dwellings. This use also includes similar uses like servant's quarters and guard residences.
Apiary means an ancillary area or facilities for the storing of bees and production of honey.
Automatic teller machine (ATM) means an automated device that performs banking or financial functions at a location remote from the controlling financial institution.
Carport means a structure open on a minimum of three sides designed or used to shelter vehicles, not to exceed 24 feet on its longest dimension.
Donation and collection bin means an accessory structure where clothes, goods, products, and other items are placed for donation and are subsequently delivered to a charitable organization for public consumption.
Drive-thru means a building opening, including windows, doors, or mechanical devices, through which occupants of a motor vehicle receive or obtain a product or service.
Fuel pump means a stand-alone fuel dispenser that has one or more nozzles or sets of nozzles, which in turn are separately connected to a distinct system that records the fuel pumped by a single vehicle and the corresponding payment owed for that fuel.
Garage means a detached accessory building or portion of the main building for the parking or temporary storage of automobiles of the occupants of the premises; if occupied by vehicles of others, it is a storage space.
Home occupation means an occupation or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit and is subordinate to the residential use of the dwelling unit.
Outdoor dining means an accessory space reserved for customers at a restaurant.
Outdoor display means the outside arrangement of goods, materials, products, or other equipment on a lot for consumer sales.
Outdoor storage means the outside keeping of goods, materials, products, containers, or other equipment on a lot.
Personal storage means an accessory use consisting of storage lockers/facilities primarily used by unhoused people who need a place to keep personal items which may be stand-alone or included in shelters or non-profit facilities.
Personal swimming pool means a swimming pool on private property for the use of the property owner, including family and guests.
Private stable means an accessory use designated for quartering horses on private property.
Satellite tasting room means a licensed establishment operated off the licensed premises of the holder of a small farm winery or winemaker license, which serves wine for on-premises or off-premises consumption.
Service bay means an opening in a wall or building, whether with or without bay doors, which is designed to allow vehicle access.
Storm shelter means a standalone or underground structure designed to protect people from inclement weather.
Transit stop means a curbside place where passengers board or alight transit, that may or may not include a small shelter usually having three walls, a roof, and a bench, designed to provide for the protection and convenience of passengers.
Wind energy system means a wind-driven turbine (whether roof or tower mounted), and associated control or conversion electronics for the purpose of providing electrical power to a privately owned lot or parcel. These systems are considered accessory uses in all permitted zoning districts.
J.
Temporary uses.
Batching plant means a temporary manufacturing facility for the production of concrete or asphalt during construction of a project and to be removed when the project is completed.
Construction yard means a storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at completion of construction and subject to same restrictions as field office.
Field or sales office means a building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project.
Flea market means a site where space inside or outside a building is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, artwork, small household appliances, and similar merchandise, objects or equipment in small quantities. The term "flea market" shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.
Itinerant merchant/transient street vendor means any person engaged in the business or occupation of selling any merchandise, products or services from a temporary indoor or outdoor location obtained from an owner or leaseholder or obtained by occupying the location without permission or by occupying a location on a street right-of-way as provided in 47 O.S. § 421(7). Itinerant merchant/transient street vendors will not include the following:
a.
Participants in wholesale trade shows or convention-sponsored events, trade fairs or flea markets.
b.
Sellers of Bibles, agricultural goods, including Christmas trees and firewood, or crafts or items made by hand.
c.
Participants in fairs and convention center activities conducted primarily for amusement or entertainment.
d.
Participants in residential garage sales.
e.
Civic, church and educational groups that are located in the local trade area.
Seasonal roadside stand means any structure or land used by the property owner, their family, or tenants to sell agricultural or horticultural produce, livestock, or merchandise principally produced on that farm, which is clearly an accessory use of the premises and does not change its character. This may also include the sale of produce grown on other farms and accessory products.
(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)
AASHTO means the acronym for American Association of State Highway and Transportation Officials.
Accessory use means a use customarily incidental, appropriate, and subordinate in area, extent, and purpose to the principal use of land or buildings and on the lot in which it is located.
Alley means a public minor way, which is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.
Alter means to change the size, shape or outline, copy, nature of message, intent or type of sign or structure.
Amenity means specific items for multi-family development that provide opportunities for residents to participate in on-site leisure or recreational activities.
ANSI means the acronym for American National Standards Institute.
Applicant. See "property owner" or "developer."
Application means a written request for approval required by this UDC.
ASTM means the acronym for American Society for Testing and Materials.
Awning means a roof-like cover that can be removed that projects from the wall of a building.
AWWA means the acronym for American Water Works Association.
Balcony means an elevated platform projecting from the wall of a building and enclosed by a railing or parapet.
Banding means an architectural design technique that uses horizontal or vertical bands in the façade of a building for aesthetic or functional purposes.
Basecourse means the first or lowest course of a wall.
Bicycle locker means a locker or box in which multiple bicycles can be placed, stored, and locked.
Bicycle parking facility means those facilities such as bicycle racks, bicycle lockers, and other features required to park or store bicycles on a site.
Block means that property abutting on one side of the street and lying between the nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such street.
Block face means that portion of a block or tract of land facing the same side of a single street and lying between the closest intersecting streets.
Board of adjustment means the City of Shawnee's appointed board of adjustment.
Bollard means a vertical device that provides a physical barrier between different uses or site features to divert traffic from a roadway or specific area.
Bollard rack means a bicycle facility affixed to pavement that stores up to two bicycles which are locked from the outside.
Building means any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yards.
Building height means the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deckline of a mansard roof or the average height of the highest gable of a pitch or hip roof.
Building line means a line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the property line that a building may be erected.
Building official means the person hired or designated by the city manager to enforce and administer the city's adopted building codes. This term includes the building official's designee.
Building permit means a permit issued by the city before a building or structure is started, improved, enlarged or altered as proof that such action complies with the UDC.
Building square footage means the area or floor space within a building or structure.
Caliper means the diameter of the trunk of a tree measured from breast height. This measurement is typically taken between four to six feet above ground level.
Canopy. See "awning."
Canopy tree means a large tree that reaches a 25-foot minimum crown spread at maturity.
Carport means a structure that is open on at least two sides, covered with a roof and constructed specifically for the storage of one or more automobiles.
Certificate of occupancy means an official certificate issued by the building inspector that indicates conformance with or approved conditional waiver from the UDC and authorized legal use of the premises for which it is issued.
Changeable copy means a copy that can be changed or rearranged without altering the sign face or structure, excluding electronic message centers.
City means the City of Shawnee, Oklahoma and its departments, agencies, personnel, and staff unless otherwise expressly stated.
City clerk means the person holding the office of city clerk where they are responsible for a range of clerical duties and maintaining public records. This term shall also include any designee of the city clerk.
City commission means the duly elected governing body of the City of Shawnee, Oklahoma.
City engineer means the person hired or designated by the city manager to supervise or oversee the city's engineering department, and to exercise the authority of the city engineer. This term includes the city engineer's designee.
City manager means the person holding the position of the city's chief executive officer (e.g., city manager), as appointed by the city commission.
Comprehensive plan means the long-range planning and development policy of the city and adjoining areas as adopted by the city commission, including all its revisions and plan elements (including, but not limited to, the future land use plan, thoroughfare plan, parks master plan, etc.). This plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, water and wastewater facilities, and other public and private developments and improvements. The comprehensive plan is titled the Horizons 2040 Comprehensive Plan.
Conditional use permit means a permit granted on a discretionary and conditional basis by the city commission, which authorizes a land use in a zoning district in which that use is not normally permitted. All requirements of a conditional use permit are in addition to and supplement UDC requirements.
Contiguous means at least one boundary line or point of one lot touches a boundary line, or lines, or point of another lot.
Copy means logos, characters, symbols, or any other portion of a sign that conveys a message or information.
Corner lot means a lot that has more than one intersecting street frontage (with the exception of alleys).
Corner side yard means the yard abutting a street on a corner lot perpendicular to where the primary building entrance is to be located.
Cornices means the uppermost member of a classical entablature, consisting typically of a cymatium, corona, and bed moulding.
County means the department, offices, and services of Pottawatomie County, Oklahoma.
County clerk means the person holding the office of Pottawatomie County Clerk where they are responsible for local elections and maintaining public records. This term shall also include any designee of the county clerk.
Covered parking means any type of structure that provides cover over the length of a vehicle and shall be at least ten feet wide and 20 feet deep. This includes carports, car garages, and any other structure that may cover a vehicle.
Crown spread means the average horizontal width of the tree's crown taken from dripline to dripline.
Cul-de-sac means a street having only one outlet to another street, and that terminates on the opposite end by a vehicular turnaround or "bulb." The length of a cul-de-sac is to be measured from the intersection center point of the adjoining through street to the midpoint of the cul-de-sac bulb.
Cutoff light fixture means a luminaire light distribution where no more than 25 candela per 1,000 lamp lumens is emitted above the horizontal.
DBH means the abbreviation for diameter at breast height that measures the caliper of a tree.
Decision-making body means the person or body responsible for acting on a development application. A decision-making body may also be referred to as an "approval authority."
Deed restriction means a document used to place limitations or conditions on a particular property.
Density means the ratio of dwelling units per gross acre of platted area being developed.
Developer means the owner of land proposed to be developed as a residential or nonresidential subdivision, or the owner's authorized representative. The developer may be referred to as an applicant.
Development means any activity that requires the submission of a subdivision plat or the securing of a building permit.
Development review committee means the necessary city staff (planning, engineering, fire, building, etc.) that reviews project proposals and new application submittals.
Directly visible means allowing a direct line-of-sight to the light source or lamp.
Director means the person hired or designated by the city manager to supervise or oversee the city's community development department, and to exercise the authority of the director. This term includes the director's designee.
District. See "zoning district" definition.
Dormer means an opening in a sloping roof, the framing of which projects out to form a vertical wall suitable for windows or other openings.
Downspout means a pipe for carrying rainwater down from the roof's horizontal gutters.
Driveway means an area from a roadway used for access onto a property.
Drought-tolerant means plants and landscaping materials that survive on natural precipitation with infrequent watering or can withstand prolonged dry periods.
Dwelling unit means a room or a group of rooms including cooking accommodations, occupied by one family, and in which not more than two persons, other than members of the family, are lodged or boarded for compensation at any one time.
Easement means any area within, on, over, and/or under real property in which the city (and/or another entity, such as a franchised utility) has an interest involving a right of use of the property and/or right to exclude uses of the property—such as requiring removal of all or any part of any buildings, fences, trees, shrubs, or other improvements or uses that interfere with the lawful purpose of the holder of the easement—including, but not limited to, those required for provision of sidewalks, utility services, or access to property or equipment owned and/or maintained by the city.
Electronic message center means a sign that displays a digital copy, including any illuminated sign on which the illumination is not kept stationary or constant in intensity and color when the sign is in use, including any light emitting diode (LED) or digital panel, and which varies in color or intensity. Electronic message centers are also referred to as digital signs, dynamic signs, or changeable electronic variable message signs (CEVMS).
Elevation. See "facade."
Encroachment means the overlapping of a boundary or setback by a physical item such as an awning, canopy, porch, structure, fences, etc.
Engineering Design Manual means the City of Shawnee's necessary engineering design criteria, specifications, and requirements needed for development.
Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure, and also includes the painting or affixing of signs to the exterior or interior surface of windows, and includes outdoor signs and signs located interior to a building but readily visible from the exterior.
External illumination means illumination provided by an external light source such as a lamp, bulb, or the like.
Facade means the exterior of a building.
Family means one or more persons, related by blood, marriage or adoption, occupying a dwelling unit as a single, nonprofit housekeeping unit, but not including a group occupying a hotel, boardinghouse, club, dormitory, fraternity or sorority house.
Fence means a permanent barrier that is not a screening device but offers privacy between uses or properties. Fences are typically located on residential lots and are wood constructed.
Fenestration means the design, proportioning, and disposition of windows and other exterior openings of a building.
Fire marshal means the official responsible for enforcing the fire regulations of the City of Shawnee, Oklahoma.
Flat roof means a roof laid horizontally at an angle of less than ten degrees.
Flood lamp means a specific form of lamp designed to direct its output in a specific direction (a beam) with a reflector formed from the glass envelope of the lamp itself, and with a diffusing glass envelope.
Floodplain means the land adjoining the channel of a river, stream, or watercourse that has been or may be covered by floodwater. Any land covered by the water of a 100-year frequency storm is considered in the floodplain and must comply with the engineering criteria found in the subdivision regulations and other relevant regulations of the city.
Floodway means area regulated by federal, state, or local requirements to provide for discharge for the base flow, so that the cumulative increase in water surface elevation is no more than a designated amount within the 100-year floodplain. A river, channel, or other watercourse and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (100-year flood) discharge without cumulatively increasing the water surface elevation at any point more than one foot above that of the pre-floodway condition, including those designated on the flood insurance rate map.
Floor area. See "building square footage."
Footcandle means one lumen per square foot. Unit of illuminance. It is the luminous flux per unit area in the Imperial system. One footcandle equals approximately ten (10.76) lux.
Front yard means a yard across the full width of the lot extending from the front line of the primary building to the front property line.
Frontage means all the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or village boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
Frontage buildout means the required location where a building, or portion of a building must front.
Full cutoff light fixture means a luminaire with light distribution such that no light is emitted above the horizontal.
Gable roof means a roof with two slopes—front and rear—joining at a single ridge line parallel to the entrance facade.
Gambrel roof means a ridged roof with two slopes at each side, the lower slopes being steeper than the upper slopes.
Garbage, trash, or refuse container means a container used for, but not limited to, receiving garbage designed and intended to be lifted by forks or other device mounted on a vehicle and the contents emptied into that part of the vehicle designed to receive the same.
Glare means the sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted.
Grade. When used as a reference point in measuring height of a building, the "grade" shall be the average elevation of the finished ground at the exterior walls of the primary building.
Grid rack means a dual-sided bicycle facility affixed to pavement that stores multiple (one to 20) bicycles which are locked from the outside.
Halo illumination means illumination created by concealing the light source behind three-dimensional opaque letters, numbers, or other characters of a sign, resulting in the nighttime perception of a halo around the silhouette of each character. This is also referred to as "reverse channel" or "reverse lit" illumination. A halo-lit sign is not considered an internally illuminated sign.
Hard-surfaced driveway means any driveway that is paved with asphalt, concrete, brick, or other surface of similar integrity.
Height. See "building height."
Highway. See "street, highway."
Hip roof means a roof with four sloped sides. The sides meet at a ridge at the center of the roof. Two of the sides are trapezoidal in shape, while the remaining two sides are triangular, and thus meet the ridge at its end point.
Homeowners association (property owners association) means a formal nonprofit organization operating under recorded land agreements through which:
a.
Each lot and/or property owner in a specific area is automatically a member; and
b.
Each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization's activities, such as the maintenance of common property; and
c.
The charge, if unpaid, becomes a lien against the nonpaying member's property.
IESNA means the acronym for the Illuminating Engineering Society of North America.
Illuminance means the amount of light falling onto a unit area of surface (luminous flux per unit area), measured in lumens per square meter (lux) or lumens per square foot (footcandles).
Impervious means the portion of a site that is occupied by structures, pavement, and other impervious surfaces that do not allow for the absorption of water into the ground.
Infill development means the redevelopment of an existing built-out site or property.
Installed means the attachment, or assembly fixed in place, connected to a power source, of any outdoor light fixture.
Internal illumination means illumination created by a light source internal to the sign, transparent or translucent material from a light source within the sign structure or panel, or exposed lighting located on the same plane as the sign face.
Internal landscape area means the remaining property exclusive of the street yard and required landscape buffers.
Intersection visibility triangle means the triangular-shaped area at the intersection of two streets that must be kept clear to ensure visibility at the intersection.
Junk means those materials and products of older scrap copper; brass; rope; rags; batteries; paper; trash; rubber; debris; waste; junked, dismantled, scrapped or wrecked motor vehicle or associated parts; iron; steel; or other old or scrap materials.
Kelvin means a unit of measurement that is not expressed as Fahrenheit or Celsius.
Key lot means an interior lot, one side of which is contiguous, or separated only by an alley, to the rear line of a corner lot.
Knox Box means a small, wall-mounted or standalone safe that holds building keys for emergency/life stafety services.
Lake lot lease means those lease areas established by the city, most of which were created in 1936, around Shawnee Lake No. 1, for the purposes of private recreational and residential use. In general, such areas are a minimum of one acre in size and include the right to construct a permanent residence on the subject lease area. The term "lake lot lease" shall also include any newly created or defined lots that are or will be leased by the city or the CLO.
Landscape plan means an independent plan that is a part of the site plan process that shows a site's required landscaping.
LED means the abbreviation for a light-emitting diode.
Light trespass means light falling where it is not wanted or needed, typically across property boundaries.
Loading space means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.
Local street. See "street, local."
Lot means a divided or undivided tract or parcel of land having frontage on a public or private street, and which is, or which may in the future be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record at the county.
Lot area means the total space required for a lot by multiplying the lot's depth by its width.
Lot coverage means the percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.
Lot depth means the distance between the front lot line and the rear lot line.
Lot of record means a lot, which is part of a subdivision, the plat of which has been recorded with the county clerk, or a parcel of land, the deed for which was recorded with the county clerk, prior to June 18, 1990. A lot of record is an official lot having less area, width, or depth than the requirements of this UDC prior its adoption.
Lot width means the distance parallel to the front lot line, measured at the front setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot.
Louver means a window blind or shutter with horizontal slats angled to let in light and air, but keep out the rain, direct sunshine, and noise.
Low-impact development means development practices and techniques, such as bioretention facilities, rain gardens, vegetated roofs, rain harvesting, and permeable pavement, that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater that protects water quality and the natural environment.
Low profile rack means a low-lying bicycle facility affixed to pavement that stores multiple (one to 20) bicycles which are locked from the outside.
Lumen means a unit of luminous flux; used to measure the amount of light emitted by lamps.
Luminaire means the complete lighting assembly (including the lamp, housing, reflectors, lenses and shields), less the support assembly (pole or mounting bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture (see under this section, "outdoor light output, total"), lighting assemblies that include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit.
Luminous tube means a glass tube filled with a gas or gas mixture (including neon, argon, mercury, or other gases), usually of small diameter (ten to 15 millimeter), caused to emit light by the passage of an electric current, and commonly bent into various forms for use as decoration or signs. A neon tube does not include common fluorescent tubes.
Lux means a unit of illuminance equal to one lumen per square meter. One lux equals approximately 0.1 (0.093) footcandles.
Major arterial. See "street, major arterial."
Major collector. See "street, major collector."
Major recreational equipment includes boats and boat trailers, travel trailers, pickup campers, or coaches (designed to be mounted on automotive vehicles), motorized dwellings including motor homes, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
Major revisions/amendments means any revision(s) that the director determines is not a minor revision. A major revision constitutes a new application submittal.
Mansard roof means a roof with two slopes on each side, with the lower slope being nearly vertical and the upper slope nearly horizontal.
Mature plant means a plant that has reached its projected full growth and development.
Mayor means the elected person who is the presiding officer of all city commission meetings, is the official head of the city government, and is entitled to vote on all items before the city commission, except as otherwise restricted by the Shawnee Charter.
Mechanical equipment means equipment such as air-conditioning compressors, swimming pool pumps and filters, and similar devices that are intended to provide a performative function for a use, building, or structure.
Minor arterial. See "street, minor arterial."
Minor collector. See "street, minor collector."
Minor revisions/amendments means those revisions that are necessary in light of technical considerations discovered after the decision on the development application, and which do not substantively change the character of the development approval.
Molding means a decorative strip of wood used for architectural purposes.
Mullions means a vertical member between the lights of a window or the panels in wainscoting.
Muntins means dividing bars between panes of glass.
Native plantings means plant species that have existed historically in a given region or its natural environment without the need of human involvement or cultivation.
Network node means a type of telecommunications facility, also known as small wireless facility.
Noncombustible material means any material that will not ignite at or below a temperature of 1,200 Fahrenheit and will not continue to burn or glow at that temperature or shall have a flame spread of 25 or less.
Nonconforming lot means a lot that does not conform to the regulations of this UDC, but that was lawfully established under the regulations in force at the time the lot was established and has been in regular use since that time.
Nonconforming sign means a sign other than an existing billboard (outdoor advertising sign) that was lawfully in existence and was properly permitted by the city, to the extent such permitting was required as of the effective date of this UDC. Nonconforming signs includes existing signs on vacant parcels.
Nonconforming site feature means a site plan feature, such as landscaping, parking, setbacks, etc., that does not conform to the regulations of this UDC, but that was lawfully established under the regulations in force at the time the site plan was approved and has been in regular use since that time.
Nonconforming structure means a building or structure, or portion thereof, that does not conform to the regulations of this UDC, but that was lawfully constructed under the regulations in force at the time of construction.
Nonconforming use means a use that does not conform to the use regulations of this UDC, but that was lawfully established under the regulations in force at the time the use was established and has been in regular use since that time.
Nonconformity means the collective term for all nonconforming situations.
Noninvasive species means plant species that are a product of the natural environment and its surrounding ecosystem.
Nonresidential district means those zoning districts where nonresidential uses (commercial, service, institutional, industrial, etc.) are the primary uses. Nonresidential zoning districts are those designated as C-1, C-2, MU, DT, TL, I-1, and I-2, unless specified otherwise.
NSF means the acronym for National Science Foundation.
Offset means a specified projection or recession that runs vertically along the entirety of a building wall.
Opaque means that material does not transmit light from an internal illumination source.
Oriel means a bay window supported from below by corbels or brackets.
Ordinary high water mark (OHWM) means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation, the presence of vegetation and/or debris, or other appropriate means that consider the characteristics of the surrounding areas. The city shall have final authority in determining the OHWM.
Ornamental tree means a small tree that reaches a 15-foot minimum crown spread at maturity.
Outdoor light fixture means an outdoor illuminating device, outdoor lighting or reflective surface, luminous tube, lamp or similar device, permanently installed or portable, used for illumination, decoration, or advertisement. Such devices shall include, but are not limited to, lights used for:
a.
Parking lot lighting;
b.
Roadway lighting;
c.
Buildings and structures;
d.
Recreational areas;
e.
Landscape lighting;
f.
Billboards and other signs (advertising or other);
g.
Product display area lighting;
h.
Building or structure decoration; and
i.
Building overhangs and open canopies.
PAM means the acronym for a pre-application meeting which may be required for an application submittal.
Parapet means a low, protective wall at the edge of a terrace, balcony, or roof, especially that part of an exterior wall, fire wall, or party wall that rises above the roof.
Parking space means a permanently surfaced area either within a structure or in the open, not on public right-of-way, exclusive of driveways or access drives, for the parking of one vehicle.
Permanent sign means a sign constructed from durable materials that is affixed to a building, a structure, or the ground so that the sign resists wind loads, and that precludes ready sign removal or movement. Permanent signs are those signs identified in the detached and attached sign categories.
Permeable surface means a surface that does not impede the absorption of water.
Person means an individual, company, joint stock company, firm, proprietorship, business, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, co-partnership, association, and any other legal entity or their legal representatives, agents or assigns. Notwithstanding any other provision of this Code, each and every Code provision—including, but not limited to, every prohibition, requirement, and penalty—applies to both natural persons and corporations, partnerships, and all other legal entities or organizations.
Pervious pavement means an engineered hardscaped surface that allows water to infiltrate the surface.
Pitched roof means a roof that has a slope.
Planned unit development may be one of the following:
a.
Land under unified control, including developed as a whole; in a single development operation or a definitely programmed series of development operations, including all lands and buildings; for principal and accessory structures and uses substantially related to the character of the district; according to comprehensive and detailed plans which include not only streets, utilities, and lots or building sites, but also site plans, floor plans, and elevations of all buildings as intended be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and with a program for provision, operation and maintenance of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the district, but will not be provided, operated, or maintained at general public expense.
b.
A concept and a zoning classification that may include, in addition to planned unit development, commercial, shopping center, and industrial uses or combination, which may be intended to serve areas within the district and areas without the district.
Planning commission means the City of Shawnee's appointed planning commission.
Planning department means the city's department, and related employees, that have been specifically created and maintained by the city to assist in planning and zoning related matters. This term shall also apply to any official city employee in the planning department, including any practicing, professional land planner, administrative support, and/or firm of professional land planners.
Plat means a preliminary plat of a subdivision, a final plat of a subdivision, a development plat, or an amending plat or replat, as determined by the context.
Plinth means the usually square slab beneath the base of a column, pier, or pedestal. Also, a continuous, usually projecting course of stones forming the base or foundation of a wall.
Plinth course means the top most course of the plinth masonry.
Porte-cochere means a permanent structure that is structurally and aesthetically integrated into a residence, and that is erected over a driveway to allow for the parking of vehicles. Such structure is open on two sides and provides covered, direct access to a primary or secondary entrance to the structure.
Pre-application meeting means a meeting with the development review committee (planning, engineering, fire, building, etc.) which may be required for an application submittal. This term is abbreviated in this UDC as "PAM."
Primary building means a building in which is conducted the principal use of the lot on which it is situated.
Principal use means the primary use of a property or lot.
Private real property means privately owned land other than any part of privately owned land that is subject to an easement or other encumbrance that allows the city to use the property for a public purpose.
Private street means a classification of streets that are owned and maintained by a homeowners' association or property owner's association, and which are not dedicated to the public.
Property line means a line of record bounding a lot, as indicated on an approved, filed, and recorded plat, which divides one lot from another lot or from a public right-of-way or private street or any other public right-of-way or private space.
Property owner means any person or firm, association, syndicate, general or limited partnership, corporation, trust or other legal entity, or any agent thereof, that has sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these subdivision regulations. In any event, the term "property owner" shall be restricted to include only the owner(s) or authorized agent(s) of such owner(s), such as a developer, of land sought to be subdivided.
PROWAG means the acronym for Public Rights-of-Way Accessibility Guidelines.
PSI means the abbreviation for pound per square inch.
Public hearing means a meeting held by the planning commission, board of adjustment, or city commission where action is conducted on an application after public commentary is heard.
Public improvements means facilities, infrastructure, and other appurtenances, typically owned and maintained by the city (but not necessarily located upon city-owned property or right-of-way). Public improvements can be located upon public property or upon private property in a public easement. Public improvements serve a public purpose in providing a needed service or commodity, such as wastewater collection and treatment and water storage and distribution, and protect the general health, safety, welfare and convenience of the city's residents, including efficiency in traffic circulation and access for emergency services. The term "public improvements" shall not include facilities or infrastructure of private providers of utility services other than water and wastewater, but shall be deemed to include facilities and infrastructure that the city would normally require of a development but which will be owned and maintained by an entity such as a homeowners' association, as in the case of private streets.
Public view means a view from any public or city right-of-way or access easement.
Quoin means an external solid angle of a wall, or one of the stones forming such an angle, usually differentiated from the adjoining surfaces by material, texture, color, size, or projection.
Rear yard means a yard between the rear property line and the rear line of the primary building and the side property lines.
Recreational vehicle means a vehicular, portable item that can be transported over the highways and containing living or sleeping accommodations, such structure being designed and actually used as a temporary dwelling during travel for recreation and pleasure purposes, and not exceeding eight feet in width and not exceeding 22 feet in length.
Refuse enclosure means an outdoor structure that encloses a dumpster or trash receptacle.
Refuse facilities means those facilities such as trash receptacles, dumpsters and any enclosures, structures, shrubs, and other features required to store trash, waste, and debris.
Regulating plan means the detailed map establishing the Downtown District boundaries and subdistricts where special zoning and development regulations apply.
Residential district means those zoning districts where residential uses are the primary uses. Residential zoning districts are those designated as TA, R-1, R-2, and R-3, unless specified otherwise.
Residential transition means a buffering and screening technique used to shield residential properties from more intensive, nonresidential uses.
Rezoning means an amendment to the official zoning map to effect a change in the nature, density, or intensity of uses and development characteristics allowed on a property.
Right-of-way means a parcel of land occupied, or intended to be occupied, by a street or alley. Where appropriate, "right-of-way" may include other facilities and utilities such as sidewalks; railroad crossings; electrical, communication, oil and gas facilities; water and sanitary and storm sewer facilities; street improvements; and any other special use. The use of right-of-way shall also include parkways and medians outside of the paved portion of the street. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and shall not be included within the dimensions or areas of such lots or parcels.
Roof means the external upper covering of a building, including the frame for supporting the roofing.
Roof line means the height that is defined by the intersection of the roof of the building and the wall of the building; except, for mansard-type roofs, the roof line means the top of the lower slope of the roof. Roofs with parapet walls completely around the building and not exceeding four feet in height may be considered as the roof line.
Screening device means a barrier of permanent material of sufficient height and density so that the objects being screened are not visible from any point on the lot line when viewed from the ground level.
Searchlight means a lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp, and with a swiveled or gimbaled mount to allow the assembly to be easily redirected. Searchlights include such lights that are used commonly to sweep the sky for advertisement purposes.
Secure bicycle parking area means a weather-protected, standalone bicycling parking structure or building extension with shared racks and access control.
Setback means a line, generally parallel with and measured from the property line, defining the limits of a yard in which no building, other than accessory buildings nor structure may be located above ground, except as may be provided in this UDC. See definition of "yard."
Shielding means light emitted from the fixture is projected below a horizontal plane running through the lowest point of the fixture where light is emitted.
Shutters means pairs of solid or slatted window coverings, traditionally hinged to the exterior of a building to either side of a window, used to block light or wind from the interior of a building.
Side yard means a yard between the primary building and the adjacent side property line, and extending entirely from a front yard to the rear yard.
Sign means a visual display of an object or device that includes elements such as colors, lights, motion, symbols, images, icons, letters, numerals, figures, characters, or combines any of those elements, that is intended to communicate, advertise, identify, announce, direct, inform, or attract attention and that is visible from a public right-of-way. The term "sign" includes a structure used to support or display a sign.
Sign height means the vertical distance measured from the highest point of a sign to the ground or lowest grade beneath the sign.
Sign permit means a permit authorizing the erection or maintenance of a sign pursuant to this UDC.
Sign structure means any combination of materials to form a construction for the purpose of attaching, fixing, or otherwise supporting a sign, whether installed on, above, or below the surface of the lot, a building, or any other solid surface.
Site plan means a detailed, scaled drawing of all surface improvements, structures, uses, and utilities proposed for development associated with this UDC.
Specified anatomical area means less than opaquely covered human genitals, pubic region, or pubic hair; or less than opaquely covered perineum, buttock, or anus; or less than opaquely covered female breast below a point immediately above the top of the areola.
Specified sexual activities means human genitals in a discernible state of sexual stimulation or arousal; or acts or representations of human masturbation, sexual intercourse, sodomy, bestiality, excretory functions, sadism, masochism, lewd exhibition of genitals; or fondling or other erotic touching of human genitals, pubic region or pubic hair, perineum, buttock or anus, or female breast.
Spot lamp means a specific form of lamp designed to direct its output in a specific direction (a beam) with a reflector formed from the glass envelope of the lamp itself, and with a clear or nearly clear glass envelope. Spot lamps are those lamps so designated by the manufacturers.
Spot light means a lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp.
Staff committee means the committee responsible for providing commentary and insight at pre-application meetings.
Stealth design means any telecommunication facility that is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and antenna structures designed to look like another object, such as a light pole, clock towers, bell steeples, or a tree.
Story means that portion of a building included between the surface of a floor and the surface of a floor next above it, or if there is no floor above it, then the portion of the building between the surface of a floor and the ceiling or roof above it. A basement shall be counted as a story for the purposes of height regulations, if the vertical distance from grade to the ceiling is more than seven feet.
Street means that part of a right-of-way, whether public or private and however designated, which provides vehicular access to adjacent land and other streets and may include additional facilities for transportation of persons, utilities, drainage, and other street improvements.
Street, highway, means a limited access, high speed, variable width roadway with grade separated interchanges, typically of regional significance where interchanges may have a significant impact on land use due to their desirability as locations for commerce and industry.
Street, industrial collector, means a street that primarily accommodates large vehicular traffic for industrial or heavy commercial purposes.
Street, local, means a street interconnected within neighborhoods that adjoin other neighborhoods.
Street, major arterial, means a street that provides for longer, direct trips on relatively straight paths that often connect to highways.
Street, minor arterial, means a street typically found between major arterials that provide continuous paths to intermediate destinations and alternate routes for longer trips.
Street, non-industrial collector, means a street typically found between minor arterials that provide frequent interconnections between neighborhoods where local trips mostly avoid the arterial network.
Street yard means the area between the front property line and the minimum front setback line.
Streetscape means the area within street right-of-way that contains sidewalks and pedestrian facilities, street furniture, landscaping, or trees.
Stringcourse means a horizontal course of brick or stone flush with or projecting beyond the face of a building, often molded to mark a division in the wall.
Structural alteration means any change, addition, or modification in construction in the supporting members of a building, such as exterior walls, bearing walls, beams, columns, foundations, girders, floor joists, roof joists, rafters, or trusses.
Structure means anything constructed, the use of which requires permanent location on the ground or attachment to something having permanent location to the ground (not including sidewalks, driveways and similar improvement areas).
Subdistrict means the areas within the DT and TL Districts.
Subdivision means a division or re-division of any tract of land situated within the city's corporate limits into two or more parts, lots or sites, for the purpose, whether immediate or future, of sale, division of ownership, or building development. "Subdivision" includes re-subdivisions of land or lots that are part of a previously recorded subdivision.
Submittal. See "application."
Submittal checklist means the requirements specified for a specific development application on a form furnished by the city.
Submittal date means the date when forms, fees, plans, information and copies have been submitted to the city for the purposes of meeting requirements for a development application.
Temporary lighting means lighting which does not conform to the provisions of this section and which will not be used for more than one 30-day period within a calendar year, with one 30-day extension. Temporary lighting is intended for uses that by their nature are of limited duration, for example, holiday decorations, civic events, or construction projects.
Temporary use means any use designed, built, erected or occupied for short and/or intermittent periods of time.
Tenant means a distinct user that occupies a portion of a multi-tenant building, lot, or development, regardless of the legal arrangement allowing occupancy between the owner of the building, lot, or development and the user.
Twin Lakes Master Plan means the city's adopted master plan for Shawnee Twin Lakes.
UDC means the abbreviation for the Unified Development Code of the City of Shawnee, Oklahoma.
Uplighting means lighting that is directed in such a manner as to shine light rays above the horizontal plane.
U-rack means a "U-shaped" bicycle facility affixed to pavement that's stores up to two bicycles which are locked from the outside.
Use means the purpose for which land or a building or structure thereon is designed, arranged, intended, or maintained or for which it is or may be used or occupied. This definition does not alter or affect the definition of nonconforming use.
Variance means an adjustment to specific regulations of this UDC to a particular lot, building, tenant, or storefront which, because of special conditions or circumstances, peculiar to the particular lot, building, tenant, or storefront, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other properties in the same vicinity and zoning or sign district.
Vehicle means any automobile, truck, camper, van, trailer, or any device capable of transporting persons or property and shall be considered a "vehicle" in both moving and stationary modes, irrespective of condition.
Visible light reflectance means the amount of light reflected away by a glass window's film.
Waiver means a process for alleviating a specific requirement in this UDC's subdivision regulations.
Wall area means the surface of an elevation excluding doors and windows.
WB-50 means the type of trucks with wheelbases in the range of 50 feet.
Xeriscape means a type of landscaping design that uses a combination of native plants and grasses, approved hardscapes, and drought-tolerant ground covers and planting materials for the purpose of conserving water and protecting the local environment.
Yard means the open area between building setback lines and lot lines.
Zero lot line means a lot line where one or more of a building's sides rest directly on a side lot line.
Zoning district means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of the city's UDC, as amended.
Zoning map means the official map of Shawnee, Oklahoma upon which the boundaries of the various zoning districts are drawn and which is an integral part of the UDC, which may also be cited as the official zoning map.
(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)