Oklahoma Administrative Code › Title 120 - Capitol-Medical Center Improvement and Zoning Commission › Chapter 10 - Zoning Regulations for the Capitol-Medical Center Improvement and Zoning District › Subchapter 1 - General Provisions › Section 120:10-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
For the purpose of this Chapter, words used in present tense
				  shall include the future tense; words in the singular number include the plural
				  and words in the plural include the singular, except where the natural
				  construction of the writing indicates otherwise. The word 'shall" is mandatory
				  and not discretionary. In addition the following words and terms, when used in
				  this Chapter, shall have the following meaning, unless the context clearly
				  indicates otherwise:
"Accessory structure"
means a secondary building
				  or structure, the use of which is incidental to that of the main building on
				  the premises.
"Accessory use"
means a secondary use or
				  occupancy compatible to the principal use of the main building.
"Adult day care center"
means a public or
				  private facility where for compensation, a staff provides day care services to
				  four (4) or more unrelated functionally impaired or physically disabled adults;
				  services include, but are not limited to meals, recreation, socialization
				  skills, counseling, and therapy.
"Advertising sign"
or
"structure"
means any metal, wood, plastic, plaster, stone, or other sign placed for
				  outdoor advertising purposes on the ground or any wall, post, building, or
				  structure.
"Alley"
means a street but not a public street,
				  located between or behind buildings that is used to provide a secondary or
				  service access to the abutting properties.
"Alter or Alterations"
means the changing or
				  remodeling of a building, structure or site that does not add to or otherwise
				  increase the physical size or floor area of the main building on the
				  site.
"Automobile"
means a self-propelled mechanical
				  vehicle designed for use on streets and highways for the transport of goods and
				  people including but not limited to the following: passenger cars, trucks,
				  buses, motor scooters, and motorcycles.
"Automobile repair and service"
means a facility
				  for the care, servicing, repair, or equipping of automobiles.
"Automobile service stations"
means an area of
				  land used for the sale of gasoline or oil fuels, but not butane or propane
				  fuels, or other automobile accessories, which may or may include facilities for
				  lubricating, washing, cleaning or servicing automobiles but not including
				  painting.
"Automobile wrecking"
or
"Salvage
				  yard"
means an area outside of a building where motor vehicles are
				  disassemble, dismantled, junked, or "wrecked"; or where motor vehicles not in
				  operable conditions or used parts of motor vehicles are stored.
"Basement"
means the portion of a building story
				  having more than one-half of its height below grade. A basement shall be
				  considered a story for the purpose of height regulations, only if more than
				  one-half of its height is above grade or if the level of the first floor is
				  more than eight feet above the established grade at any point.
"Boarding house"
means a building, where, for
				  compensation and by prearrangement for definite periods, lodging is provided
				  for three (3) or more persons, provided that such persons are unrelated or are
				  not living together as a family. The maximum number of persons permitted to
				  live in a boarding house shall not exceed fifteen (15) persons.
"Building"
means a more or less enclosed
				  permanent structure intended for occupancy and use as, but not limited to
				  housing, commerce, and industry.
"Building area"
means the total area of a site
				  which is covered by a building or buildings as measured on a horizontal plane
				  at ground level, terraces and uncovered porches are excluded from the total
				  area.
"Building Coverage Ratio"
means a mathematical
				  expression determined by dividing the total footprint area of all buildings on
				  a site by the area of the lot on which the buildings are located as: Building
				  Coverage Ratio = Total Area of Building Footprint(s) / Total Area of
				  Lot.
"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
				  in the deck line of a mansard roof, or to the average height of the highest
				  gable of a pitch or hip roof.
"Building line"
means a line established by law
				  usually parallel to a property line, beyond which a structure may not extend;
				  this does not apply to uncovered entrance platforms, porches, terraces, and
				  steps.
"Building site"
means an area or parcel of land
				  with defined limits on the location or proposed location of buildings or
				  structures.
"Carport"
means a covered shelter opened on one
				  or more sides designed for storage of private motor vehicles.
"Certificate of Appropriateness"
means the
				  official document issued by the Historical Preservation and Landmark Board of
				  Review approving and/or concurring in the application for permission to
				  construct, demolish, relocate, reconstruct, restore, or alter any structure
				  designated by the authority of this regulation.
"Chemical dependence treatment center,
				  residential"
means a residential facility where unrelated persons reside
				  temporarily and are evaluated and provided treatment by a staff of
				  professionals while recovering from drug addiction, alcoholism, or
				  psychological illness resulting from chemical substance abuse.
"Child care center"
means any public or private
				  facility that, for compensation, receives six (6) or more children under the
				  age of thirteen (13) years not of common parentage and, apart from their
				  parents, legal guardians or custodians.
"Child care facility"
means a facility operated
				  by a person, public or private institution where, for compensation and definite
				  time periods, children under the age of thirteen (13) years, not of common
				  parentage, for care apart from their parents, legal guardians or custodians,
				  are received and provided care; the program may or may not include educational,
				  recreational, and social activities.
"Child care home"
means a private residence
				  where, for compensation, the owner/occupant receives five (5) or less children
				  for care, and is operated in a manner that preserves the home as a primarily
				  residential use and will not change the character of the residence.
"Childhood development center"
means a public or
				  private facility that offers a development program for children with learning
				  or physical disabilities, services provided include, but are not limited to,
				  testing, screening, counseling, treatment, therapy, and educational
				  programs.
"Commission"
means the Capitol-Medical Center
				  Improvement and Zoning Commission.
"Community treatment center"
means a public or
				  private facility that does not include residential accommodations, where a
				  staff of professionals evaluates and provides treatment for persons suffering
				  or recovering from physical, emotional, or substance abuse problems.
"Court"
means an open, uncovered, unoccupied
				  space, partially or fully surrounded by walls or buildings.
"Courtyard"
means an open area that is partially
				  or fully enclosed by one or more buildings and/or by walls.
"Drive-in restaurant"
means an establishment
				  designed to permit its patrons to purchase and consume food and/or
				  non-alcoholic beverages while they remain in their automobiles on the
				  premises.
"Drug treatment center"
or
"halfway house"
means a facility where unrelated persons, reside temporarily while
				  recovering from treatment for chemical dependence, alcoholism or a
				  psychological illness and no counseling or treatment is provided on the
				  premises. This definition does not include "halfway house or sober houses" as
				  defined by the Americans with Disabilities Act.
"Dry cleaning"
or
"self-service laundry"
means a building or part of a building available to the general public
				  for the purpose of washing, drying, dry cleaning wearing apparel, and textiles
				  by means of mechanical appliances which are operated primarily by the customer
				  or an attendant.
"Dwelling"
means a building, designed or used as
				  living quarters for one or more families, but not including house trailers,
				  mobile homes, or travel trailers.
"Dwelling, accessory"
means a second dwelling
				  that is subordinate to the principal dwelling on an owner-occupied parcel in a
				  RD-1 or RD-2 district and is occupied by no more than one person; accessory
				  dwellings are located to the rear of the rear building line of the main
				  building and have a floor area of 50% or less of the floor area of the main
				  building on the parcel.
"Dwelling, attached"
means a residential
				  building sharing one or more of its sidewalls with an adjoining unit.
"Dwelling, detached"
means a dwelling standing
				  completely alone, not sharing a wall with another dwelling having open space on
				  all sides.
"Dwelling, single-family"
means a dwelling
				  designed to accommodate and be occupied by one family.
"Dwelling, two-unit"
means a building for
				  residential use designed to accommodate two family units to be occupied by two
				  families living independently of each other.
"Dwelling, multi-unit"
means a building for
				  residential use designed to accommodate several separate family units, usually
				  for occupancy by three or more families living independently of each
				  other.
"Dwelling"
or
"row house"
or
"townhouse"
means one of a series of houses constructed in an
				  unbroken row, sharing one or more of its sidewalls with a neighbor; each unit
				  has a separate outdoor entrance and is designed to be occupied by one
				  family.
"Exterior architectural feature"
means any
				  architectural design element or detail that characterize an architectural style
				  including but not limited to building materials, windows, signage, doors, iron
				  work, and other ornaments.
"External improvement"
means any installation or
				  physical change made to a property to increase its value and/or improve its
				  aesthetic quality.
"Family"
means one or more persons related by
				  blood or marriage, including adopted children, or a group of, not to exceed,
				  five persons (not related by blood or marriage), occupying the premises and
				  living as a single non-profit housekeeping unit, as distinguished from a group
				  occupying a boarding house, group home or hotel.
"Floor area, gross"
means the area within the
				  perimeters of the outside wall of a building as measured from the inside
				  surface of the exterior walls, with no deduction for hallways, stairs, closets,
				  thickness of walls, columns or other interior features.
"Floor area, net"
means the actual occupied area
				  of building devoted or intended to be developed to a particular use, with
				  structural head room of seven (7') feet or more, whether above or below the
				  finished lot grade, not including accessory unoccupied areas or thickness of
				  walls.
"Floor area ratio"
means a mathematical
				  expression determined by dividing the gross floor area of a building by the lot
				  area on which it is located as: Floor Area Ratio (FAR) = Gross Floor Area of
				  Building(s) / Total Area of Lot
"Frontage"
means the length of a lot line or a
				  building site along a street or other public way.
"Garage or parking structure"
means a building
				  for short term storage of motor vehicles, having 2 or more tiers or levels and
				  at least 2 partially open sides.
"Garage apartment"
means a dwelling unit
				  occupied by 1 family constructed above a private garage.
"Garage, private residential"
means an accessory
				  building or part of a main building used for storage of motor vehicles owned by
				  the occupants and guests of the main building.
"Good repair"
means a condition which not only
				  meets the minimum standards of health and safety, as detailed in the
				  International Building Code Book of the City of Oklahoma City, but which also
				  guarantees continued attractiveness, structural soundness, and
				  usefulness.
"Gross floor area" (See "Floor area, gross") "Group
				  home"
means a dwelling where the occupants reside temporarily and are
				  furnished with independent sleeping and living quarters, shared or individual
				  kitchens and dining facilities in an environment that provides a group setting
				  of social contact, mutual support and assistance. Medical or psychological
				  treatment may be provided on the premises. Compensation for living quarters may
				  or may not be required.
"Health care facilities"
means any facility
				  related to health care and/or treatment of physical or emotional illness which
				  include but are not limited to the following:
(A)
"Clinic, dental, medical or mental health"
means a facility for the evaluation, examination, and treatment of
				  physically or emotionally ill out-patients, including all clinic facilities
				  associated with any college within the University of Oklahoma Medical
				  School.
(B)
"Dental or medical laboratories"
means a
				  facility operated for the primary purpose of performing medical or dental
				  diagnostic, testing, analytical or clinical work having a direct relationship
				  to a specific health service.
(C)
"Extended stay facility"
means a residential
				  type facility usually operated by a philanthropic organization that provides
				  short term, temporary living quarters with meals or kitchen facilities for
				  families of patients receiving treatment, and /or ambulatory outpatients; the
				  operator may receive compensation for services.
(D)
"Geriatric care center"
means an outpatient
				  health facility dedicated to the diagnosis, treatment, and care of senior adult
				  patients. The clientele may or may not participate in clinical research or
				  other health or social service programs administered by the center.
(E)
"Hospital"
means an institution providing
				  inpatient medical, surgical, or trauma care for the sick and injured, which
				  include support services that are fundamentally associated with the
				  facility.
(F)
"Health center"
means a group of facilities
				  providing health services, including but not limited to research laboratories,
				  inpatient and outpatient treatment and services, institutions of higher
				  education, service centers, and residential accommodations.
(G)
"Health center residential"
means
				  residential dwelling units owned and operated by Health Center members for the
				  purpose of housing staff, students, employees, and visiting health care
				  professionals.
(H)
"Health Sciences Center Facilities"
means
				  all of or any part of the University of Oklahoma's College of Medicine and
				  other colleges.
(I)
"Medical research laboratory"
means a
				  facility operated for the primary purpose of performing research, analytical or
				  clinical research associated with the provision of health care services.
				  Laboratories engaged in producing or manufacturing for commercial sales or
				  distribution are not considered to be research laboratories.
(J)
"Public health facility"
means a facility
				  primarily utilized by a health organization to provide public health services
				  including related facilities such as laboratories, clinics, and administrative
				  offices and including the Oklahoma State Department of Health.
(K)
"Rehabilitation center"
means a facility
				  operated primarily for the purpose of assisting in the treatment of temporary
				  or permanently disabled patients and a coordinated approach by many professions
				  is made to the physical, emotional, and vocational evaluation of patients; and,
				  living quarters may be operated as a fundamental part of the facility.
(L)
"Mixed Use Building" means
for the purposes
				  of the Mixed Use Overlay District-1, Health Center Commercial, a building
				  designed and constructed to accommodate 2 or more compatible uses. The uses are
				  separated by interior walls or partitions. Off-street parking is provided for
				  each specific use in a common parking facility. The building may be owned by
				  one or more occupants, or a private individual or group.
"Hauling Trailer"
means a vehicle to be pulled
				  behind an automobile or truck which is designed for hauling animals, produce,
				  goods, or freight, including boats.
"Historical and/or architectural significance"
means that which has a special historical or aesthetic interest or value as
				  part of the development, heritage or cultural characteristics of the city,
				  region, state or nation.
"Historic district"
means a geographically
				  definable area with a concentration of linkages of significant sites, building,
				  structures, or monuments that are unified historically, architecturally, or
				  archaeologically.
"Home occupation"
means an occupation or
				  profession carried on by a family or member of a family residing on the
				  premises, which does not change the character and is secondary to the use of
				  the dwelling for dwelling purposes and to which the following restrictions
				  apply:
(A) not more than 1 person, other than a family member
				  residing on the premises, is employed at the home;
(B) no trading in merchandise is carried on in connection
				  with the business;
(C) no display of merchandise or signs other than 1
				  non-illuminated nameplate, not more than 2 square feet in area or 9" in
				  diameter attached to the main or accessory building; and,
(D) no mechanical equipment is used or activity is conducted
				  which creates noise, dust, odor, or electrical disturbance beyond the confines
				  of the lot on which the occupation is conducted;
(E) Beauty or barber shop, tea room or restaurant,
				  intermediate care facility, real estate office, or cabinet, metal or auto
				  repair shop are not considered a home occupation.
(F) Any other restrictions the Commission determines are
				  necessary to protect the environment and the quality of the residential area in
				  which the use is located.
"Hotel"
means a building or group of buildings
				  under one ownership containing six (6) or more sleeping rooms intended to be
				  occupied as the more or less temporary abiding place of persons who are lodged
				  with or without meals for compensation.
"Humanitarian or Philanthropic Foundation"
means
				  a facility owned and operated by a charity, legal nonprofit organization,
				  religious institution or quasi-public entity where the primary source of
				  operating funds is donations, and the services provided are offered directly to
				  the general public and serve the public interest.
"Institution"
means a public or private
				  organization or foundation dedicated to providing a service to the
				  public.
"Intermediate care facility"
means a health care
				  facility for individuals who are disabled, elderly, or non-acutely ill, usually
				  providing less intensive care than offered at a hospital or skilled nursing
				  facility.
"Juvenile treatment center, residential"
means a
				  public, quasi-public or private facility that may require onsite security or
				  supervision, where unrelated juveniles 18 years of age or younger are placed,
				  whether it be voluntarily or involuntarily, and reside temporarily primarily
				  for the purpose of rehabilitation, whether programs are operated for the
				  treatment or counseling of but limited to chemical dependence, abuse, neglect,
				  truancy, delinquency, behavioral or emotional problems and education is
				  typically a vital part of the program.
"Kennel, public"
means any lot or premises on
				  which four (4) or more dogs more than six (6) months of age are kept for
				  compensation.
"Lot"
means a parcel of land with principal
				  frontage along a street, including open space as required by this regulation
				  and other laws and ordinances.
"Lot area"
means the total horizontal area
				  included within lot lines.
"Lot, corner"
means a lot of which at least 2
				  adjacent sides abut streets for their full lengths, provided that the interior
				  angle at the intersection of the 2 sides is not less than a code-specified
				  distance.
"Lot, depth"
means the distance from the front
				  of the lot to the extreme rear line of the lot.
"Lot, double frontage"
means a lot bounded by 2
				  streets on the front and back.
"Lot, frontage"
means the boundary line of a lot
				  that abuts a street, or, if it abuts more than one street, then the street
				  designated by the owner.
"Lot, interior"
means a lot other than a corner
				  lot.
"Lot, lines"
means the legal defined boundary or
				  limit of a parcel of land.
"Main building"
means a structure constructed on
				  the lot for occupation by the principal use.
"Motel"
means an area containing 1 or more
				  structures designed or intended to be used as temporary sleeping facilities of
				  one or more transient families intended primarily for automobile
				  transients.
"Nonconformance"
means a condition of a
				  structure or land which does not conform to the regulations of the zoning
				  district in which it is situated. This may include, but is not limited to,
				  failure to conform to use, height, area, coverage, or off-street parking
				  requirements.
"Nonconforming use"
means a structure or land
				  occupied by a use that does not conform to the regulations of the district in
				  which it is situated.
"Office building"
means a building that is used
				  for professional or clerical purposes, no part of which is used for dwelling
				  purposes.
"Ordinary maintenance and repair"
means any
				  work, in a historical zoning district that does not require a Certificate of
				  Appropriateness by law, where the purpose of the work is to correct any
				  deterioration or damage to any part of a structure and to restore the
				  structure, as near to its condition prior to the occurrences of the
				  damage.
"Parking Deck"
means a permanent structure for
				  the use of parking automobiles with two (2) above ground floors of parking
				  spaces.
"Parking Garage"
means a permanent structure for
				  the use of parking automobiles with more than two (2) above ground floors of
				  parking spaces.
"Parking space"
means a permanently surfaced
				  area, enclosed or unenclosed, with permanently surfaced driveways connecting
				  the parking space with a street or alley for permitting ingress and egress
				  sufficient in size to store 1 vehicle.
"Placard/Professional name plate"
means a
				  wall-mounted flat plate, slab, or disk not greater than 2 square feet in area
				  or 9 inches in diameter that contains the name and/or logo, address, and
				  occupation of the individual or firm engaged in a profession.
"Planned unit development (PUD)"
means a
				  development planned in accordance with the provisions of Section
				  120:10-5-11.1
				  of this Chapter.
"Premises sign"
means any sign that identifies
				  the legal or exact firm name of the business on the premises or advertises any
				  service or product being offered for sale.
"Public administration use"
means the
				  legislative, judicial, and executive branches, and the administrative and
				  regulatory activities of the government of the State of Oklahoma and/or its
				  political subdivisions.
"Public school"
means an institution dedicated
				  to educating children and supported by public funds.
"Reconstruction"
means the work of rebuilding a
				  structure, but not attempting to put it back to its exact original form.
"Recreational vehicle"
means a manufactured
				  vehicle dually used as both a vehicle and a temporary travel home for camping
				  to full time living.
"Recreation vehicle space"
means a portion of
				  land within a parking facility designed to accommodate one recreational vehicle
				  or travel trailer.
"Restoration"
means the process of accurately
				  recovering all or part of the form and detail of a resource and its settings as
				  it appeared at a particular period of time by means of removal of later work
				  and the replacement of missing earlier work.
"Set-back"
means the minimum distance between a
				  reference line, usually the property line and the building or a portion of the
				  building.
"Sign"
(See "Advertising sign or
				  structure").
"Site development plan"
means a plan of a
				  construction site drawn at a scale which shows the exact position and
				  dimensions of the buildings and other structures to be constructed including
				  building elevations, yards, landscape, pedestrian and vehicular circulation and
				  parking, and other features; dimensions and contours of the lot; adjacent
				  roadways and other easements; and the relationship of the development to
				  adjacent areas.
"Skilled nursing facilities"
may be independent
				  or part of a senior continuing care community, where 24 hour medical care is
				  available, in addition to custodial care. Residents may be there temporarily
				  for a period of rehabilitation, or may be there for long term care. State
				  regulations define the services that skilled nursing facilities can
				  provide.
"Story"
means the space in a building between
				  the surface of any floor levels and a roof above; a basement is usually
				  considered as a story.
"Story, half"
means a story within a sloping
				  roof usually having dormer windows and occupying about half the area of the
				  floor or floors below.
"Street"
means any public or private
				  thoroughfare usually paved, including all area within the right-of-way, such as
				  sidewalks; a public way which provides the principal means of access to
				  adjacent property.
"Street, intersecting"
means any street which
				  joins another street at an angle, whether or not it crosses the other.
"Structure"
means anything constructed or
				  assembled, which requires location on the ground or attachment to something
				  located on the ground.
"Structural alteration"
means any change in the
				  supporting members of a building, such as bearing walls or partitions, columns,
				  beams or girders, or any substantial change to the roof or in the exterior
				  walls.
"Transitional living facility"
means a facility
				  that provides temporary housing and shelter for an extended period to persons
				  who are temporarily homeless due to natural disaster or economic instability
				  and generally integrated with social service and counseling programs for
				  transition to self-sufficiency.
"Yard"
means an open space between a building
				  and the adjoining lot lines, unoccupied and unobstructed by any portion of a
				  structure from the ground open to the sky except where otherwise specifically
				  provided in this Chapter.
"Yard, front"
means a yard of a lot, facing the
				  street that extends from the front line of the building to the front property
				  line and across the width of the lot, with no obstructions or projections in
				  between, other than steps.
"Yard, rear"
means the yard across the full
				  width of the rear of the lot extending from the rear line of the main building
				  to the real property line. On corner lots, the rear yard shall be considered as
				  parallel to the street on which the lot has its least dimension. On both corner
				  lots and interior lots, the rear yard shall, in all cases be at the opposite
				  end of the lot from the front yard.
"Yard, side"
means the yard between the side
				  line of a building and the adjacent property line extending from the front
				  property line to the rear property line.
"Zoning district"
means all property located
				  within the boundaries of the Capitol-Medical Center Improvement and Zoning
				  District as described in 73 O.S., Section 83, as amended.
Amended at 25 Ok Reg
				  2143, eff 7-11-08; Amended at 27 Ok Reg 912, eff 5-13-10; Amended at 28 Ok Reg
				  2216, eff 7-25-11