This chapter, in pursuance of the authority granted by the Legislature of the State in 11 Oklahoma Statutes section 43-101, shall be known as the ZONING ORDINANCE OF THE CITY OF WOODWARD, and may be cited as such. (2001 Code § 154.001)

The regulations contained herein are necessary to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to reduce fire hazards and improve public safety and safeguard the public health; to decrease traffic congestion and its accompanying hazards; to prevent undue concentration of population; and to create a comprehensive and stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities and other facilities. In interpreting and applying the provisions of this chapter, they shall be held to be necessary for the promotion of the public health, safety, comfort, convenience and general welfare. (2001 Code § 154.002)

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

   B.   Except as hereinafter otherwise provided, no land shall be used and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in conformity with the regulations contained herein. (2001 Code § 154.003)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

ACCESSORY BUILDING: A subordinate building or a portion of the main building located on the same lot as the main building, the use of which is incidental to that of the dominant use of the building or premises.

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

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

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

   B.   Personal Use: The use of land for agriculturally related projects by the owner or occupant of the premises, including the keeping and raising of animals intended for the use, enjoyment or household consumption by the owner or occupant of the premises, but not intended for any commercial purpose or financial gain by the owner or occupant of the premises.

   C.   Commercial Use: The use of land for the production of animals for sale, animals intended for distribution, and the use of land for animal production, animal feeding and animal grazing where the intent is for eventual financial gain by the owner or occupant of the premises.

ALLEY: A minor right of way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

APARTMENT HOUSE: See definition of Dwelling, Multiple.

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

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

BOARDING HOUSE: A dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more, but not exceeding twenty (20) persons, on a weekly or monthly basis.

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

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

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

CHILDCARE CENTER: Any place, home or institution which receives eight (8) or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children within the institutional building.

CONSTRUCTION MATERIALS:

   BIPV: Building Integrated Photovoltaics - photovoltaic materials that are used to replace conventional building materials in parts of the building such as the roof, skylights, or facades as a principal or ancillary source of electrical power

   Decorative CMU: A concrete masonry unit having special treatment of its exposed face for architectural effect

   EIFS Exterior Insulation Finishing Systems - a general class of non-load bearing building cladding systems that provides exterior walls with an insulated, water-resistant, finished surface in an integrated composite material system

   Intermodal Container: A large, standardized shipping container, designed and built for intermodal freight transport, also referred to as: container, cargo or freight container, ISO container, shipping, sea or ocean container, sea van or CONEX box, container van, sea can, c can, MILVAN, SEAVAN, or RO/RO.

   Tiny House: a single-family dwelling not more than 600 square feet in floor area including loft floor area that is site built or prefabricated and permanently anchored to a foundation and provided with permanent utility connections. A tiny house is not designed to be movable or constructed on a wheeled chassis nor is it a manufactured home, recreational vehicle, shipping container, trailer, tiny house on wheels (THOW), or other similar object.

   Tiny House on Wheels: A movable “tiny house” that is considered a recreational vehicle (RV).

COVERAGE: The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.

DISTRICT: Any section or sections of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class or kind of building therein.

DWELLING: Any building or portion thereof, which is designed or used as living quarters for one or more families, but not including trailer home.

DWELLING, MULTIPLE: A detached dwelling designed to be occupied by three (3) or more families living independently of each other, exclusive of hotels or motels.

DWELLING, ONE-FAMILY: A detached dwelling designed to be occupied by one family.

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

FAMILY: One or more persons related by blood, marriage or adoption.

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

GARAGE, PARKING: Any building, or portion thereof, used for the storage of four (4) or more automobiles, in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.

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

GARAGE, REPAIR: A building in which are provided facilities for the care, servicing, repair or equipping of automobiles.

GASOLINE SERVICE OR FILLING STATION: Any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels, or other automobile accessories, and incidental services, including facilities for lubricating, handwashing and cleaning, or otherwise servicing automobiles, but not including painting, major repair or automatic automobile washing or the sale of butane or propane fuels.

GROUP HOUSING FACILITY: A dwelling used as living quarters for two (2) or more persons or families living independently of each other or as a group, using common dining and other areas together with managerial office space, owned or leased and operated by a governmental entity, or an organization organized and operated exclusively for charitable, religious or educational purposes, or for the prevention of cruelty to children, whose income from the group housing facility is exempt from federal income taxation under the provisions of sections 501(a) and 501(c)(3) of the internal revenue code of the United States (USC title 26).

   A.   The term does not include apartment houses, rooming houses, boarding houses, hotels, motels, tourist courts, tourist homes, convalescent, rest or nursing homes, or other medical facilities; jails, prisons or other facilities operated by the Oklahoma department of corrections, county sheriff or other law enforcement agency.

   B.   A group housing facility shall be designated "class I" or "class II". A "class I" facility shall not exceed a capacity or occupancy of twenty (20) persons, excluding a resident supervisor or administrator. The capacity or occupancy of a "class II" facility may exceed twenty (20) persons.

HOME OCCUPATION: Any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided, that no trading in merchandise is carried on and in connection with which there is no display of merchandise or advertising sign, other than one nonilluminated nameplate not more than two (2) square feet in area, attached to the main or accessory building, and no mechanical equipment is used except such as is customary for purely domestic or household purposes. A beauty or barber shop, tearoom or restaurant, rest home or clinic, doctor or dentist office, childcare center, tourist home or cabin, metal or auto repair shop shall not be deemed a home occupation.

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

KENNEL: Any lot or premises on which are kept three (3) or more dogs, more than six (6) months of age.

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

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

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

LOT, DEPTH: The average horizontal distance between the front and rear lot lines.

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

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

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

LOT LINES: The lines abounding a lot.

MARIJUANA: All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivation, mixture or preparation of such plant, its seed or resin. This definition shall not include the mature stalks of such plant; fiber produced from such stalks; oil, cake or other compound made from the seeds or mature stalk of such plant.

MEDICAL FACILITIES:

Ambulatory Surgical Center: An establishment with an organized medical staff of physicians, with permanent facilities that are equipped and operated primarily for the purpose of performing surgical procedures, with continuous physician services available on call, and registered professional nursing services available on site, whenever a patient is in the facility, which provides services or other accommodations for patients to recover for a period not to exceed twenty three (23) hours after surgery.

Convalescent, Rest Or Nursing Home: A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.

Dental Clinic Or Medical Clinic: A facility for the examination and treatment of ill and afflicted human outpatients; provided, that patients are not kept overnight except under emergency conditions.

Dental Office Or Doctor Office: Same as dental or medical clinic, including osteopath, oculist, optometrist or chiropractor.

Hospital: Any institution, place, building or agency, public or private, whether organized for profit or not, devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care of patients admitted for overnight stay or longer in order to obtain medical care, surgical care, obstetrical care or nursing care for illness, disease, injury, infirmity or deformity. Places where pregnant females are admitted and receive care incident to pregnancy, abortion or delivery shall be considered to be a hospital within the meaning of this section, regardless of the number of patients received or the duration of their stay. The term hospital includes general medical surgical hospitals, specialized hospitals, critical access and emergency hospitals and birthing centers.

Public Health Center: A facility primarily utilized by a health unit for providing public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.

Sanatorium: An institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.

MOBILE HOME SPACE: A plot of ground within a trailer court designed for the accommodation of one mobile home.

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

ROOMING HOUSE: A building where lodging only is provided for compensation to three (3) or more, but not exceeding twenty (20) persons. A building which has accommodations for more than twenty (20) persons shall be defined as a "hotel" under the terms of this chapter.

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

STABLE, PRIVATE: A stable with a capacity for not more than two (2) horses or mules.

STABLE, PUBLIC: A stable, other than a private stable, with a capacity for more than two (2) horses or mules.

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

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

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

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

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

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

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

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

TRAILER COURT OR MOBILE HOME PARK: A parcel of land under single ownership which has been designed or improved, or is intended to be used or rented for occupancy by one or more trailer houses or mobile homes.

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

TRAILER HOME, MOBILE HOME OR HOUSE TRAILER: A portable or mobile living unit used or designed for human occupancy on a permanent basis.

TRAILER, TRAVEL OR CAMPING: A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants.

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

YARD, FRONT: A yard located in front of the front elevation of a building and extending across a lot between the side yard lines, and being the minimum horizontal distance between the front property line and the outside wall of the main building.

YARD, REAR: A yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

YARD, SIDE: A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building. (2001 Code § 154.004; amd. 2012 Code; Ord. 1670, 8-6-2018; Ord. 1714, 2-22-2022)