The regulations contained in this article in pursuance of the authority granted by the state shall be known as the zoning regulations and may be cited as such.

(Code 1985, § 12-201)

State Law reference— Municipal zoning powers, 11 O.S. §§ 44-101 et seq., 45-101 et seq.

The regulations contained in this article 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, sewage, schools, parks, public utilities and other facilities. In interpreting and applying the provisions of this article, they shall be held to be necessary for the promotion of the public health, safety, comfort, convenience and general welfare.

(Code 1985, § 12-202)

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

(Code 1985, § 12-203)

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

(Code 1985, § 12-204)

(a)

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

(b)

For the purpose of these regulations, certain terms and words are used and interpreted as defined in this subsection:

Accessory structure means a building or structure customarily incidental and appropriate and subordinate to the main building or use and located on the same lot with the main building.

Accessory use means a use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same premises.

Adult day care center means a facility which provides care for eight or more adults for six or more hours in a 24-hour day. This does not include facilities for which the purpose is primarily educational, recreational or medical treatment.

Adult day care home means a family home that provides care and protection for eight or less adults for part of a 24-hour day. This does not include informal arrangements which individuals make independently with neighbors, friends or others, nor does it include caretakers in the adult's home.

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

Agriculture means 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 slaughter houses, commercial feed pens, sales yards and auction yards for cattle or hogs shall be deemed an industrial and not an agricultural use.

Alcohol means and includes hydrated oxide of ethyl, ethyl alcohol, ethanol or spirits of wine, from whatever source or by whatever process produced. It does not include wood alcohol or alcohol which has been denatured or produced as denatured in accordance with federal law and regulations promulgated thereunder.

Alcoholic beverage means alcohol, spirits, beer and wine as those terms are defined in this section and also includes every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by human beings, but does not include low-point beer as that term is defined in this section.

Alcohol or substance abuse rehabilitation center means a facility which provides care and treatment to individuals who are recovering from alcohol or chemical dependency.

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

Apartment house means a multiple-family dwelling. (See "Dwelling, multiple.")

Automobile means a self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, trucks, busses, motor scooters and motorcycles (does not include motor homes).

Automobile wash or laundry means a structure designed primarily for washing automobiles using production line methods with a chain conveyor, blower, steam cleaner, high pressure spray or other mechanical device.

Automobile service station means any area of land, including structures thereon, that is used for the sale of gasoline or oil fuels, but not butane or propane fuels in excess of 2,000 gallons, or other automobile accessories, and which may or may not include facilities for lubricating, washing, cleaning or otherwise servicing automobiles, but not including the painting thereof, body work or major repairs.

Automobile wrecking or salvage yard means an area outside of a building where motor vehicles are disassembled, dismantled, junked, or "wrecked," or where motor vehicles not in operable condition or used parts of motor vehicles are stored.

Bar, lounge, and tavern (low-point beer) mean an establishment whose primary activity, measured by dollar volume of sales, involves the sale and on-premise consumption of low-point beer and where food service, if any, is a secondary activity.

Bar, lounge, and tavern (mixed beverage) mean an establishment whose primary activity, measured by dollar volume of sales, involves the sale and on-premise consumption of alcoholic beverages and where food service, if any, is a secondary activity.

Basement means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half 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.

Battered women's shelter means a facility which provides protection, counseling and shelter for women and their children who need refuge from an unsafe home environment.

Bed and breakfast means a dwelling other than a hotel or motel where, for compensation and by prearrangement, lodging and meals are provided for overnight guests.

Beer means any beverage containing more than 3.2 percent of alcohol by weight and obtained by the alcoholic fermentation of an infusion or decoction of barley, or other grain, malt or similar products. Beer may or may not contain hops or other vegetable products. Beer includes, among other things, beer, ale, stout, lager beer, porter and other malt or brewed liquors, but does not include sake, known as Japanese rice wine.

Billboard means any sign or general outdoor advertising device, which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere than on the same lot or within the same building upon which such sign is located, except courtesy bench signs at approved public bus stops, traffic signs, regulatory signs, warning signs, or other signs erected by the city or state.

Boarding or rooming house means a dwelling other than a hotel or motel where meals or lodging are provided for three or more but not exceeding 12 persons.

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

Building coverage means the percentage of the lot area covered by the building.

Building height means the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the structure, exclusive of chimneys, ventilators or other extensions above the roof line that are not intended for occupancy or internal usage by persons.

Building, main, means 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.

Building site means a single parcel of land occupied or intended to be occupied by a building or structure.

Carport means a permanent roofed structure permanently open on at least two sides, designed for or occupied by private passenger vehicles.

Child care (the following definitions are from the Department of Human Services Publication No. 86-104):

(1)

Child means an individual under the age of 18 years;

(2)

Day care center means a facility which provides care for six or more children for six or more hours in a 24-hour day. This definition does not include nursery schools, kindergartens or other facilities for which the purpose is primarily educational, recreational or to provide medical treatment; and

(3)

Family day care home means a family home that provides care and protection for five or less children for part of a 24-hour day. This definition does not include informal arrangements which parents make independently with neighbors, friends or others, nor does it include caretakers in the child's home.

Clinic, dental or medical, means a facility for the examination and treatment of ill and afflicted human out-patients; provided, however, that patients are not kept over night except under emergency conditions, including but not limited to dental and doctor's offices.

Condominium means a multi-unit structure in which living areas are owned separately and all or substantially all open space is commonly owned.

Convalescent home, rest home, nursing home, and extended care facility mean a health facility where persons are housed and furnished with meals and continuing nursing care for compensation.

Court means an open unoccupied space, other than a yard on the same lot with a building or group of buildings and which is bordered on two or more sides by such building or buildings.

Court, inner, means a court other than an outer court. The length of an inner court is the minimum horizontal dimension measured parallel to its longest side. The width of an inner court is the minimum horizontal dimension measured at right angles to its length.

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

Developmental or physically disabled center means a facility which provides care for eight or more persons who are developmentally or physically disabled to a degree that they are unable to care for themselves.

Developmental or physically disabled home means a family home that provides care for eight or less persons who are developmentally or physically disabled to a degree that they are unable to care for themselves. This definition does not include informal arrangements which parents or guardians make independently with neighbors, friends or others, nor does it include caretakers in the disabled person's home.

District, zoning, means any section or sections of the city or county for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.

Drive-in restaurant means any establishment where food, frozen dessert or beverage is sold to the consumer and where motor vehicle parking space is provided and where such food, frozen dessert or beverage is intended to be consumed in the motor vehicle parked upon the premises or anywhere on the premises outside of the building.

Driveway apron means that portion of the driveway from the surfaced street to the property line. The paving of the driveway apron shall meet the requirements of the city street department, but in no case shall it be less than the adjoining off-street parking requirements.

Dry cleaning or laundry, self-service, means 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.

Dwelling means any building, or portion thereof, which is designed or used as living quarters for one or more families, but not including house trailers, mobile homes or travel trailers.

Dwelling, attached, means having any portion of each of one or more walls in common with adjoining dwellings.

Dwelling, modular, means a prefabricated sectional dwelling or roll-away dwelling built in a factory or in a construction yard and intended to be placed or assembled on a foundation. The modular dwelling shall meet or exceed the requirements of this Code.

Dwelling, multiple-family, means a dwelling designed for occupancy by three or more families living independently of each other, exclusive of motels, hotels or resort-type hotels.

Dwelling, multiple-family, high rise, means a multiple-family dwelling constructed five stories or higher.

Dwelling, row house or townhouse, means three or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and owned by one family.

Dwelling, single-family, means a detached dwelling designated to be occupied by one family.

Dwelling, two-family, means a dwelling designed to be occupied by two families living independently of each other.

Dwelling unit means any room or group of rooms located within a dwelling or structure and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating, bathing and bathroom purposes. In quasi-unit quarters, accommodations for every three persons shall be counted as a dwelling unit.

Family means one or more persons related by blood, marriage or legal adoption, or a group of not to exceed five persons (excluding servants) not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club or similar dwelling for group use. A family shall be deemed to include domestic servants employed by the family.

Flea market means a commercial activity that may take place in an enclosed structure, in the open air or a combination of the two. This commercial activity is for the purpose of buying, selling and bartering a variety of services or new or used merchandise with the exception that no living animals are to be allowed for buying, selling and bartering. The commercial activities of the flea market may be carried out by a number of vendors who are utilizing space from a single agent.

Floor area, gross, means the sum of the gross horizontal areas of all the floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings and including, but not limited to, the following spaces:

(1)

Basements;

(2)

Elevator shafts and stairwells at each floor;

(3)

Floor space for mechanical equipment with structural headroom of seven feet;

(4)

Penthouses;

(5)

Attic space providing headroom of five feet or more;

(6)

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

(7)

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

Floor area, net liveable, means the total floor area within a building devoted or intended to be devoted to a particular use, with structural head room of seven feet average or more, whether above or below the finished lot grade, excluding:

(1)

Elevators, stairwells, hallways, walls, partitions; and

(2)

Floor space permanently devoted to a parking space or parking spaces, mechanical equipment, closets, washrooms or other items permanently preventing floor space from being occupied by persons while engaged in the use.

Floor area ratio means a mathematical expression determined by dividing the gross floor area of a building by the area of the lot on which it is located, as

Fraternity means a men's student organization which is formed chiefly for social purposes in affiliation with a college or university.

Garage apartment means a dwelling unit co-located within an accessory building where motor vehicles are normally and regularly stored and having a roof or wall in common.

Garage, private, means 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, public, means any garage other than a private garage, available to the public, used for the care or servicing of automobiles where such vehicles are parked or stored for remuneration, hire or sale.

Garage, repair, means a building in which are provided facilities for the care, servicing, repair, or equipping of automobiles.

Garden apartment means an apartment (see "Dwelling, multiple) which contains a private outdoor area on the ground floor.

Gross floor area. See "Floor area, gross."

Half-way house means a facility which provides shelter and counseling to persons who have recently been or about to be released from rehabilitative centers to help them facilitate readjustment to private life.

Help-yourself laundry. See "Dry cleaning or laundry, self-service."

Home association means an incorporated nonprofit organization operating under recorded land agreements through which:

(1)

Each lot or home owner in a planned unit or other described land area is automatically a member;

(2)

Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and

(3)

The charge, if unpaid, becomes a lien against the property.

Home occupation means any occupation or profession carried on in a dwelling unit by the inhabitants which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided that no trading in merchandise is carried on and in connection with which there is no display of merchandise or sign other than one nonilluminated nameplate, not more than two square feet in area attached to the main or accessory building, and no mechanical equipment is used or activity is conducted which creates any noise, dust, odor, or electrical disturbance beyond the confines of the lot on which the occupation is conducted. The conducting of a beauty or barber shop, tea room or restaurant, rest home, clinic, doctor or dentist office, child care center, tourist home, real estate office, or cabinet, metal or auto repair shop shall not be deemed a home occupation.

Homeless shelter means a facility which provides temporary, short-term shelter and necessities for persons at no charge to the recipients.

Hospice means a facility designed to provide a caring environment for the physical and emotional needs of the terminally ill or their families.

Hospital means an institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities and staff offices which are an integral part of the facilities.

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

Juvenile and youth shelter mean a facility which provides shelter and counseling to children of age 18 years or less who have been living in unfavorable home environments (this does not include emergency overnight placement while judicial determinations are being sought).

Kennel means any lot or premises on which four or more dogs more than ten weeks of age are kept for personal use or boarding.

Lot means any plot of land occupied or intended to be occupied by one building, or a group of buildings, and accessory buildings and uses, including such open spaces as required by these regulations and other laws or ordinances, and having its principal frontage on a street.

Lot area means the total horizontal area included within lot lines.

Lot, corner, means a lot of which at least two adjacent sides abut for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.

Lot depth means the average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.

Lot, double frontage, means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

Lot, frontage, means that dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

Lot, interior, means a lot other than a corner lot.

Lot lines mean the lines bounding a lot as defined in this section.

Low-point beer means any beverage containing more than one-half of one percent alcohol by volume, and not more than 3.2 percent alcohol by weight, including but not limited to beer or cereal malt beverages obtained by the alcoholic fermentation of an infusion of barley or other grain, malt or similar products.

Mixed beverage means one or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage, beer and wine, caterer or special event license.

Mobile/manufactured home means a single-family dwelling designed for transportation on streets and highways on its own wheels or on flatbed or other trailers, both highway and rail, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to utilities and similar operations. Unless otherwise indicated in the text of these regulations, the term "mobile/manufactured home" shall refer to a "mobile/manufactured home, independent" as defined in this section. Also, unless otherwise indicated in the text of these regulations, a "container home" shall be defined/considered a "mobile/manufactured home, independent" as defined in this section.

Mobile/manufactured home, dependent, means a mobile home that does not have a flush toilet and a bath or shower. For purposes of regulation under this article, a dependent mobile home shall be considered to be the same as a travel trailer, unless otherwise specified.

Mobile/manufactured home, independent, means a mobile home which has a flush toilet and a bath or shower. Unless otherwise indicated in the text of these regulations, the term "mobile home" shall mean an independent mobile home.

Mobile/manufactured home park means any plot of ground upon which one or more mobile homes, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.

Mobile/manufactured home space means a plot of ground within a mobile home park designed for the accommodation of one mobile home, and not located on a mobile home sales lot.

Mobile/manufactured home subdivision means a subdivision designed and intended for residential use where residence is in mobile homes exclusively, and mobile home lots are sold for occupancy.

Motel means an area containing one or more structures designed or intended to be used as temporary sleeping facilities of one or more transient families and intended primarily for automobile transients.

Night club/dance hall means an establishment which regularly provides facilities for dancing and/or live entertainment either alone or in conjunction with a restaurant.

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

Nonconforming use means a structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.

Nursery (plant) means any land used to raise trees, shrubs, flowers or other plants for sale or means for transplanting. The term also refers to a business which sells nursery stock and related garden supplies.

Nursing home. See "Convalescent home."

Parking space means a permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile. All residential off-street parking spaces and their access roads shall be paved with nominal four inches of portland cement concrete or asphaltic concrete. All other off-street parking spaces and their access roads shall have a minimum of four inches of portland cement concrete or the equivalent of asphaltic concrete. For purposes of this article, the size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than nine feet by 20 feet plus adequate area for ingress and egress.

Patio home means a privately owned dwelling which may have some common areas jointly maintained by other dwelling owners, but which has a fenced front or back side or rear yard, privately owned and maintained. The dwelling may be a duplex with a common wall or the dwelling may be built with a zero lot line on one wall with that wall serving as part of the yard fencing for the adjoining dwelling.

Planned unit development means a land development project comprehensively planned as an entity utilizing a site development plan which permits flexibility in building siting, usable open spaces, and the preservation of significant natural features and planned in accordance with the provisions of division 3, subdivision XV of this article.

Planning commission means the city metropolitan area planning commission.

Recreational vehicle space means a plot of ground within a travel trailer park designed for the accommodation of one travel trailer.

Restaurant means an establishment whose primary activity, measured by dollar volume of sales, is the sale of food and nonalcoholic beverages, and where the sale of beverages containing alcohol, if any, is secondary.

Rest home. See "Convalescent home."

Retail liquor store means a retail establishment where alcoholic beverages, other than low-point beer, are offered for sale in sealed retail containers to the public for consumption off the premises.

Row house. See "Dwelling, row house or townhouse."

Setback means the distance between the lot line (property line) and the building line.

Sanatorium means an institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.

Signs. See "Advertising sign."

Site development plan means a plan drawn at a scale of not less than 50 feet equal to one inch which shows the topographic characteristics of the site at a contour interval of not less than one foot; the exact location and dimensions of buildings, yards, courts, landscape, pedestrian and vehicular circulation and parking, fences and screening; service areas and courts, and other features; the use of each building and area; the height of buildings; adjacent streets, alleys, utility drainage and other easements and the relationship of the development to adjacent areas which it may affect.

Sorority means a women's student organization which is formed chiefly for social purposes in affiliation with a college or university.

Spirits means any beverage other than wine, beer or low-point beer, which contains more than one-half of one percent alcohol measured by volume and obtained by distillation, whether or not mixed with other substances in solution and includes those products known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and fortified wines and similar compounds; but shall not include any alcohol liquid completely denatured in accordance with federal law and regulations pursuant thereto.

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

Street means any public or private thoroughfare which affords the principal means of access to abutting 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 erected, the use of which requires location on the ground or attached to something having a location on the ground; examples to be included but not limited to swimming pools, fences, signs or other accessory facilities.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Townhouse. See "Dwelling, row house or townhouse."

Trailer court. See "Mobile/manufactured home park."

Trailer home. See "Mobile/manufactured home."

Trailer, hauling, means a vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.

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

Veterinary clinic means a facility for the examination and treatment of ill and afflicted animals.

Wedding chapel means a place, other than a legal court or church where couples can get legally married. Traditional wedding chapels are usually set in small buildings. Only specially appointed people, such as pastors and people who are licensed to carry out marriage ceremonies, can conduct ceremonies at wedding chapels, which must perform their ceremonies consistent with state laws.

Wine means any beverage containing more than one-half of one percent alcohol by volume and not more than 24 percent alcohol by volume at 60 degrees Fahrenheit obtained by the fermentation of the natural contents of fruits, vegetables, honey, milk or other products containing sugar, whether or not other ingredients are added, and includes vermouth and sake, known as Japanese rice wine.

Winery means an Oklahoma Winemaker Licensed operation as authorized by the alcoholic beverage control commission when in conjunction with a functioning, on-site vineyard.

Yard means 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 article that an accessory building may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

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

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

(Code 1985, § 12-206; Ord. No. 99-14, § 1, 8-2-1999; Ord. No. 05-11, § 2, 5-2-2005; Ord. No. 11-07, § 1, 5-2-2011; Ord. No. 12-20, § 1, 12-17-2012; Ord. No. 17-17, § 1, 12-18-2017)

Cross reference— Definitions generally, § 1-2.

(a)

Generally. A nonconforming building or structure existing at the time of adoption of these regulations may be continued and maintained except as otherwise provided in this section.

(b)

Alteration or enlargement of buildings and structures. A nonconforming building or structure shall not be added to or enlarged in any manner unless the building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located; provided, however, that if a building or structure is conforming as to use, but nonconforming as to yards and height or offstreet parking space, the building or structure may be enlarged or added to provided that the enlargement or addition complies with the yard or height requirements and the existing building and the addition complies with the off-street parking requirements of the district in which the building or structure shall be moved in whole or in part to another location on the lot unless every portion of the building or structure is made to conform to all of the regulations of the district in which it is located.

(c)

Outdoor advertising signs and structures. Any advertising sign, billboard, commercial advertising structure or statuary, which is lawfully existing and maintained at the time these regulations become effective, which does not conform with the provisions hereof, shall not be structurally altered, and all such nonconforming advertising signs, billboards, commercial advertising structures and statuary and other supporting members shall be subject to 11 O.S. § 107.1D.

(d)

Building vacancy. A nonconforming building, structure or portion thereof, which is or hereafter becomes vacant and remains unoccupied for a continuous period of 90 days shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.

(e)

Change in use requirements. Change in use requirements are as follows:

(1)

A nonconforming use of a building or structure, i.e., commercial use in a dwelling, etc., shall not be expanded or extended into any other portion of such building or structure nor changed except to a conforming use. If such a nonconforming use of a portion thereof is discontinued or changed to a conforming use, any future use of such building, structure or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located. A vacant or partially vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of 90 days after the effective date of the ordinance from which these regulations are derived; and

(2)

The use of a nonconforming building or structure may be changed to a use of the same or a more restricted district classification; but where the use of a nonconforming building or structure is changed to a use of more restricted district classification, it thereafter shall not be changed to a use of less restricted district classification.

(Code 1985, § 12-385)

Cross reference— Building codes and regulations, ch. 18.

A nonconforming use of land, where the aggregate value of all permanent buildings or structures is less than $1,000.00 existing at the time of adoption of these regulations, may be continued for a period of not more than three years therefrom; provided, however, that the nonconforming use may not be extended or expanded; and if the nonconforming use or any portion thereof is discontinued for a period of three months, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which the land is located.

(Code 1985, § 12-386)

Where uncertainty exists with respect to the boundaries of any of the districts as shown on the zoning map, the following rules shall apply:

(1)

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

(2)

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

(3)

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

(4)

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

(Code 1985, § 12-207)

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

(Code 1985, § 12-208)

(a)

Zoning districts are designated as enumerated below and as set forth on the zoning district maps of the city as filed with the city clerk. The zoning district maps and all explanatory material on the maps are hereby made a part of these regulations.

(b)

Zoning districts shall be designated as follows:

(1)

Agricultural and suburban:

a.

A-1 general agricultural district; and

b.

A-2 suburban district;

(2)

Residential:

a.

R-1 one-family district;

b.

R-2 two-family district;

c.

R-3-L low density multiple-family district; and

d.

R-3 multiple-family district;

(3)

Commercial:

a.

C-1-R restricted neighborhood commercial district;

b.

C-O office commercial district;

c.

C-1 neighborhood commercial district; and

d.

C-2 general commercial district;

(4)

Industrial:

a.

I-1 restricted light industrial district;

b.

I-2 light industrial district; and

c.

I-3 heavy industrial district;

(5)

Other:

PUD planned unit development.

(c)

Specific district regulations are set forth in this division. See division 3, subdivision XV of this article regarding specific requirements for planned unit development.

(Code 1985, § 12-205)

State Law reference— Authority to divide city into zoning districts, 11 O.S. § 43-101 et seq.

The A-1 general agricultural district is intended to provide an area primarily for either agricultural endeavors involving 20 or more acres under one ownership or the extraction of various products such as oil, minerals, rock and gravel from the earth. The rural nature and low density of population in the A-1 general agricultural district require only that uses essential to agriculture, mining, quarrying and earth-extraction endeavors have a reasonable setback of buildings from streets or highways. It is the purpose of this district to encourage and protect such uses from urbanization until such is warranted and the appropriate change in district classification is made.

(Code 1985, § 12-210)

Property and buildings in an A-1 general agricultural district shall be used only for the following purposes.

(1)

Dwelling structure for farm owner, operator or employee;

(2)

All agricultural land uses, buildings and activities;

(3)

Drilling for and extraction of oil and natural gas;

(4)

Transportation, pipeline and utility easements and rights-of-way;

(5)

Temporary roadside stands for the sale of farm products grown on the premises; provided, however, that up to 15 percent of the display area for produce may be used for the sale of products not grown on the premises. The temporary structure shall be required to set back from the roadway onto private property and shall provide parking and ingress and egress, and shall not be constructed in such a location as would create an undue traffic hazard subject to the regulations and recommendations of the engineer;

(6)

All of the following uses:

a.

[Reserved];

b.

Airport or landing field;

c.

Cemetery;

d.

Church;

e.

Country club;

f.

Family day care home;

g.

Golf course;

h.

Governmental use;

i.

Home occupation;

j.

Library;

k.

Park or playground;

l.

Plant nursery;

m.

Public stable or riding arena;

n.

Public utility buildings and facilities;

o.

School; and

p.

Veterinary clinic for small and large animals;

(7)

Accessory buildings which are not a part of the main building including barns, sheds and other farm buildings, private garages and accessory buildings which are a part of the main building.

(Code 1985, § 12-211; Ord. No. 05-11, § 3, 5-2-2005)

The following uses may be permitted on review in the A-1 general agricultural district in accordance with provisions contained in section 58-79:

(1)

Mining, quarrying and earth-extraction industries;

(2)

All of the following uses:

a.

Adult day care center;

b.

Adult day care home;

c.

Alcoholic or substance abuse rehabilitation center;

d.

Battered women's home;

e.

Bed and breakfast;

f.

Day care center for children;

g.

Developmental or physically disabled-center;

h.

Developmental or physically disabled-home;

i.

Fraternities and sororities;

j.

Half-way house for releases from correctional institutions;

k.

Juvenile shelter;

l.

Nursing, convalescent home and hospice;

m.

Rooming and boarding house;

n.

Shelter for the homeless;

o.

Wedding chapel; and

p.

Winery.

(Code 1985, § 12-212; Ord. No. 11-07, § 2, 5-2-2011; Ord. No. 12-20, § 2, 12-17-2012)

(a)

All buildings in the A-1 general agricultural district shall be set back from street right-of-way lines to comply with the following yard requirements except on land that has been subdivided and the plat has been approved and filed in the courthouse and as provided in section 58-446.

(b)

The front yard requirements in the A-1 general agricultural district for those areas are as follows:

(1)

The minimum depth of the front yard shall be 50 feet in unplatted areas;

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 50 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 100 feet; and

(3)

When a yard has double frontage the front yard requirements shall be provided on both streets.

(c)

There is a 20-foot side yard and a 50-foot rear yard setback requirement in the A-1 general agricultural district for main and accessory buildings except that clusters of three or more dwellings on one parcel of land under one ownership shall be located on the parcel in such a manner that they will comply with the minimum side yard and rear yard requirements of the A-2 suburban district, in the event that one or more of the home sites is conveyed to a second party.

The A-2 suburban district is intended to provide a location for the land situated on the fringe of the urban area that may be either agricultural or urban in character. The A-2 suburban district may have been subdivided by ownership into various shaped tracts ranging from 22,500 square feet to 20 acres in size. The use of land in the A-2 suburban district will represent a variety of urban and rural uses including the single-family dwelling unit on a small tract, residential uses with farm animals on acreage and agricultural endeavors of a limited scale. It is the purpose of the A-2 suburban district to promote a compatibility between uses and to encourage and provide an orderly transition from agricultural to urban uses.

(Code 1985, § 12-220)

Property and buildings in an A-2 suburban district shall be used only for the following purposes:

(1)

Detached one-family dwelling that is located on a minimum lot size of 22,500 square feet;

(2)

Church;

(3)

Public school or school offering general education courses the same as ordinarily given in the public schools and having no rooms regularly used for housing or sleeping;

(4)

Agricultural crops;

(5)

The raising of farm animals in accordance with city or county regulations and the regulations of the city-county health department, but this is not to be construed to allow commercial feed lots for cattle or hogs;

(6)

All of the following uses:

a.

Cemetery;

b.

Country club;

c.

Family day care home;

d.

Golf course or driving range;

e.

Governmental use;

f.

Home occupation;

g.

Library;

h.

Park or playground; and

i.

Plant nursery;

(7)

Home beauty shop located in a dwelling provided such shop is conducted within the main dwelling, is operated only by the inhabitants thereof and does not exceed one operator. The use shall be conducted in such a way that it is clearly incidental to the dwelling use and shall not change the character thereof. No sign shall be permitted except one nonilluminated nameplate not exceeding two square feet in area attached to the main building;

(8)

Bulletin board or sign, not exceeding 40 square feet in area appertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired or sold;

(9)

Accessory buildings which are not part of the main building, including barns, sheds and other farm buildings, private garages and accessory buildings which are a part of the main building;

(10)

Drilling for and extraction of oil and natural gas; and

(11)

Transportation, pipeline and utility easements and rights-of-way.

(Code 1985, § 12-221)

The following uses may be permitted in the A-2 suburban district on review in accordance with provisions contained in section 58-79:

(1)

All of the following uses:

a.

Adult day care center;

b.

Adult day care home;

c.

Battered women's home;

d.

Bed and breakfast;

e.

Day care center for children;

f.

Developmental or physically disabled-center;

g.

Developmental or physically disabled-home;

h.

Fraternities and sororities;

i.

Juvenile shelter;

j.

Nursing, convalescent home and hospice;

k.

Rooming and boarding house;

l.

Shelter for the homeless;

m.

Veterinary clinic;

n.

Wedding chapel; and

o.

Winery.

(Code 1985, § 12-222; Ord. No. 11-07, § 3, 5-2-2011; Ord. No. 12-20, § 3, 12-17-2012)

(a)

All buildings in the A-2 suburban district shall be set back from street right-of-way lines to comply with the following yard requirements except as provided in section 58-446.

(b)

Front yard requirements in the A-2 suburban district are as follows:

(1)

The minimum depth of the front yard shall be 40 feet;

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 40 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 60 feet; and

(3)

When a yard has double frontage, the front yard requirements shall be provided on both streets.

(c)

Side yard requirements in the A-2 suburban district are as follows:

(1)

For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than ten feet for dwellings of one story and of not less than 15 feet for dwellings of more than one story, except as provided in section 58-446;

(2)

For unattached buildings of accessory use there shall be a side yard of not less than ten feet;

(3)

For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 30 feet in case such lot is back to back with another corner lot, and 40 feet in every other case; provided, however, that the side yard setback adjacent to a federal, state or county highway and section line road shall be the same as the front yard setback required on these facilities. The interior side yard on a corner shall be the same as for dwellings and accessory buildings on an interior lot; and

(4)

Churches, wedding chapels and main and accessory buildings other than dwellings and buildings accessory to dwellings shall set back from all interior side lot lines a distance of not less than 35 feet. The side yard setback from the intersecting street on the corner lot shall be the same as required for residential uses in subsection (c)(3) of this section.

(d)

There shall be a rear yard building setback in the A-2 suburban district of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller.

(Code 1985, § 12-223; Ord. No. 11-07, § 4, 5-2-2011)

For dwellings in the A-2 suburban district there shall be a minimum lot width of 75 feet at the front building line, and such lot shall abut on a street for a distance of not less than 50 feet.

(Code 1985, § 12-224)

(a)

For a one-family dwelling in the A-2 suburban district there shall be a lot area of not less than 22,500 square feet for each dwelling and buildings accessory thereto, except as provided in section 58-446.

(b)

Where a lot in the A-2 suburban district has less area than required in this section and all the boundary lines of that lot touch lands under other ownership on the effective date of the ordinance from which this chapter is derived, that lot may be used for any of the uses, except churches permitted by this section.

(c)

For churches, wedding chapels and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in division 4, subdivision II of this article; provided, however, that the lot area for a church or wedding chapel shall not be less than 22,500 square feet, and for each increment in seating capacity of 20 persons beyond a seating capacity of 100 persons in the main auditorium, an additional 3,000 square feet of lot area shall be provided.

(Code 1985, § 12-225; Ord. No. 11-07, § 5, 5-2-2011)

Main and accessory buildings in the A-2 suburban district shall not cover more than 25 percent of the lot area on interior lots and 30 percent of the lot area on corner lots.

(Code 1985, § 12-226)

No building in the A-2 suburban district shall exceed 2½ stories or 35 feet in height except as provided in section 58-447.

(Code 1985, § 12-227)

The R-1 one-family district is the most restrictive residential district. The principal use of land in the R-1 one-family district is for single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. The R-1 one-family district is intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities, and through consideration of the proper functional relationship of each element.

(Code 1985, § 12-230)

Property and buildings in an R-1 one-family district shall be used only for the following purposes:

(1)

Detached one-family dwelling;

(2)

Public school or school offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping;

(3)

Public park or playground;

(4)

General purpose farm or garden but not the raising of livestock;

(5)

Home occupation;

(6)

Accessory buildings which are not a part of the main buildings, including a private garage or accessory buildings which are a part of the main building;

(7)

Bulletin board or sign, not exceeding 12 square feet in area appertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired or sold.

(Code 1985, § 12-231)

The following uses may be permitted in the R-1 one-family district on review in accordance with provisions contained in section 58-79:

(1)

Church, temple or other place of worship;

(2)

County use, city use, public building, public utility and library;

(3)

Plant nursery in which no building or structure is maintained in connection therewith;

(4)

Golf course and club house;

(5)

Home beauty shop located in a dwelling provided such shop is conducted within the main dwelling and is operated only by the inhabitants thereof and does not exceed one operator. The use shall be conducted in such a way that it is clearly incidental to the dwelling use and shall not change the character thereof. No sign shall be permitted except one nonilluminated nameplate not exceeding two square feet in area attached to the main building; and

(6)

Wedding chapel; and

(7)

All of the following uses:

a.

Adult day care home;

b.

Developmental or physically disabled group home; and

c.

Family day care home.

(Code 1985, § 12-232; Ord. No. 11-07, § 6, 5-2-2011)

(a)

All buildings in the R-1 one-family district shall be set back from street right-of-way lines to comply with the following yard requirements except as provided in section 58-446.

(b)

Front yard requirements in the R-1 one-family district are as follows:

(1)

The minimum depth of the front yard shall be 25 feet;

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet; and

(3)

When a yard has double frontage, the front yard requirements shall be provided on both streets.

(c)

Side yard requirements in the R-1 one-family district are as follows:

(1)

For dwellings of one story located on interior lots there shall be a side yard on each side of the main building of not less than ten percent of the average width of the lot and not less than 15 percent of the average width of the lot for main buildings of more than one story except as provided in section 58-446; provided, however, that the minimum side yard shall not be less than five feet for one-story main buildings and not less than eight feet for main buildings of more than one story, and that the maximum setback required from an interior lot line shall be 12 feet for a one-story dwelling and 15 feet for a dwelling of two stories or more. For unattached buildings of accessory use, there shall be a side yard of not less than five feet;

(2)

For dwellings, accessory buildings and all other structures located on corner lots there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot;

(3)

In no case shall a garage which faces a street be closer than 20 feet to that street property line; and

(4)

Churches, wedding chapels and main and accessory buildings other than dwellings and buildings accessory to dwellings shall set back from all interior side lot lines a distance of not less than 35 feet.

(d)

There shall be a rear yard for a main building in the R-1 one-family district of not less than 20 feet. Unattached buildings of accessory use may be located in the rear yard of a main building, however, they must observe a minimum set back of ten feet from the rear property line.

(Code 1985, § 12-233; Ord. No. 11-07, § 7, 5-2-2011)

For dwellings in the R-1 one-family district there shall be a minimum lot width of 50 feet at the front building line, and such lot shall abut on a street for a distance of not less than 35 feet.

(Code 1985, § 12-234)

(a)

For a one-family dwelling in the R-1 one-family district there shall be a lot area of not less than 6,000 square feet for each dwelling and buildings accessory thereto, except as provided in section 58-446.

(b)

For churches, wedding chapels and main and accessory buildings in the R-1 one-family district, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in division 4, subdivision II of this article; provided, however, that the lot area for a church or wedding chapel shall not be less than 21,000 square feet and for each increment in seating capacity of 20 persons beyond a seating capacity of 100 persons in the main auditorium, an additional 3,000 square feet of lot area shall be provided.

(Code 1985, § 12-235; Ord. No. 11-07, § 8, 5-2-2011)

Main and accessory buildings in the R-1 one-family district shall not cover more than 35 percent of the lot area. Accessory buildings shall not be larger than 800 square feet for parcels of up to 10,000 square feet; 1,000 square feet for parcels up to 15,000 square feet; 1,200 square feet for parcels up to 22,000 square feet; 2,000 square feet for parcels up to and including one acre; and 4,000 square feet for parcels greater than one acre. The total square footage of all accessory structures shall not exceed the square footage of the main dwelling structure.

(Code 1985, § 12-236; Ord. No. 13-16, § 1, 9-3-2013)

(a)

No main building in the R-1 one-family district shall exceed two and one-half stories or 35 feet in height except as provided in section 58-447.

(b)

Any accessory building in the R-1 one-family district exceeding 12 feet in height shall have the required side and rear yard setbacks increased by two feet for each additional foot of height above 12 feet and increased by one foot for each additional 200 square feet of area above 800 square feet of floor space, provided, however, that no accessory building shall exceed the height of 20 feet.

(Code 1985, § 12-237; Ord. No. 13-16, § 1, 9-3-2013)

The R-2 two-family district is a residential district to provide for a slightly higher population density but with basic restrictions similar to the R-1 district. The principal use of land is for single-family and two-family dwellings and related recreational, religious and educational facilities normally required to provide a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through the consideration of the proper functional relationship and arrangement of each element.

(Code 1985, § 12-240)

Property and buildings in an R-2 two-family district shall be used only for the following purposes:

(1)

Any uses permitted in the R-1 one-family district;

(2)

Two-family dwelling or a single-family dwelling and a garage apartment; and

(3)

Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.

(Code 1985, § 12-241)

The following uses may be permitted in the R-2 two-family district on review in accordance with provisions contained in section 58-79:

(1)

Church, temple or other place of worship;

(2)

County use, city use, public building and public utility;

(3)

Plant nursery in which no building or structure is maintained in connection therewith;

(4)

Golf course and club house;

(5)

Home beauty shop located in a dwelling provided such shop is conducted within the main dwelling and is operated only by the inhabitants thereof and does not exceed one operator. The use shall be conducted in such a way that it is clearly incidental to the dwelling use and shall not change the character thereof. No sign shall be permitted except one nonilluminated nameplate not exceeding two square feet in area, attached to the main building;

(6)

All of the following uses:

a.

Adult day care home;

b.

Developmental or physically disabled group home; and

c.

Family day care home;

(7)

Home counseling service when located in a dwelling, provided such activity is conducted within the main dwelling and is operated by no more than two counselors at one time. The use shall be conducted in such a way that it shall not change the exterior dwelling appearance. The dwelling shall not be used for overnight sleeping purposes by those persons seeking counseling services. No sign shall be permitted except one nonilluminated nameplate not exceeding two square feet in area, attached to the main building;

(8)

Wedding chapel.

(Code 1985, § 12-242; Ord. No. 11-07, § 9, 5-2-2011)

(a)

All buildings shall in the R-2 two-family district be set back from street right-of-way lines to comply with the following yard requirements except as provided in section 58-446.

(b)

The front yard requirements in the R-2 two-family district are as follows:

(1)

The minimum depth of the front yard shall be 25 feet;

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet; and

(3)

When a yard has double frontage the front yard requirements shall be provided on both streets.

(c)

Side yard requirements in the R-2 two-family district are as follows:

(1)

For dwellings of one story located on interior lots, there shall be a side yard on each side of the main building of not less than ten percent of the average width of the lot and not less than 15 percent of the average width of the lot for main buildings of more than one story except as provided in section 58-446; provided, however, that the minimum side yard shall not be less than five feet for one-story main buildings and not less than eight feet for main buildings of more than one story;

(2)

For unattached buildings of accessory use, there shall be a side yard of not less than five feet;

(3)

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot;

(4)

In no case shall a garage which faces a street be located closer than 20 feet to the street property line; and

(5)

Churches, wedding chapels and main and accessory buildings other than dwellings and buildings accessory to dwellings shall set back from all interior side lot lines a distance of not less than 35 feet.

(d)

For main buildings in the R-2 two-family district, other than garage apartments, there shall be a rear yard of not less than 20 feet. A garage apartment may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of a main building, however, they must observe a minimum set back of ten feet from the rear property line.

(Code 1985, § 12-243; Ord. No. 11-07, § 10, 5-2-2011)

For single-family dwellings, two-family dwellings or single-family dwellings and garage apartments in the R-2 two-family district, there shall be a minimum lot width of 50 feet at the front building line, and the lot shall abut on a street for a distance of not less than 35 feet.

(Code 1985, § 12-244)

(a)

For each single-family dwelling and accessory building in the R-2 two-family district, there shall be a lot area of not less than 6,000 square feet, except as provided in section 58-446.

(b)

For each two-family dwelling and accessory buildings in the R-2 two-family district, there shall be a lot area of not less than 7,000 square feet. A garage apartment located on the same lot with a single-family dwelling shall have the same area requirements as a two-family dwelling. In all other cases, a garage apartment shall be provided with the same lot area required by single-family dwelling, except as provided in section 58-446.

(c)

Where a lot has less area than required in this section and all the boundary lines of that lot touch lands under other ownership on the effective date of these regulations, that lot may be used for any use, except churches, permitted in the R-1 one-family district.

(d)

For churches, wedding chapels and main accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in division 4, subdivision II of this article; provided, however, that the lot area for a church or wedding chapel shall not be less than 21,000 square feet, and for each increment in seating capacity of 20 persons beyond a seating capacity of 100 persons in the main auditorium, an additional 3,000 square feet of lot area shall be provided.

(Code 1985, § 12-245; Ord. No. 11-07, § 11, 5-2-2011)

Main and accessory buildings in the R-2 two-family district shall not cover more than 30 percent of the lot area. Accessory buildings shall not be larger than 800 square feet for parcels of up to 10,000 square feet; 1,000 square feet for parcels up to 15,000 square feet; 1,200 square feet for parcels up to 22,000 square feet; 2,000 square feet for parcels up to and including one acre; and 4,000 square feet for parcels greater than one acre. The total square footage of all accessory structures shall not exceed the square footage of the main dwelling structure.

(Code 1985, § 12-246; Ord. No. 13-16, § 1, 9-3-2013)

(a)

No building in the R-2 two-family district shall exceed two and one-half stories or 35 feet in height except as provided in section 58-447.

(b)

Any accessory building in the R-2 two-family district exceeding 12 feet in height shall have the required side and rear yard setbacks increased by two feet for each additional foot of height above 12 and increased by one foot for each additional 200 square feet of area above 800 square feet of floor space, provided, however, that no accessory building shall exceed the height of 20 feet.

(Code 1985, § 12-247; Ord. No. 13-16, § 1, 9-3-2013)

The R-3-L low density multiple-family district is intended to provide for multiple-family development which may have a relatively intense concentration of dwelling units served by large open spaces including common areas and facilities, thereby resulting in low gross densities. The principal use of land may be for one or several dwelling types ranging from single-family to low-rise multiple-family dwellings, and including garden apartments, condominiums, townhouses and patio homes.

(Code 1985, § 12-250)

Property and buildings in an R-3-L low density multiple-family district shall be used only for the following purposes:

(1)

Any uses permitted in the R-2 two-family district;

(2)

Townhouses, garden apartments, condominiums and patio homes not exceeding eight units per cluster;

(3)

Multiple-family dwellings; and

(4)

Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.

(Code 1985, § 12-251)

The following uses may be permitted on review in the R-3-L low density multiple-family district in accordance with provisions contained in section 58-79:

(1)

Church, temple or other place of worship;

(2)

County use, municipal use, public building, public library;

(3)

Plant nursery in which no building or structure is maintained in connection therewith;

(4)

Golf course and club house;

(5)

Home beauty shop located in a dwelling provided such shop is conducted within the main dwelling, is operated only by the inhabitants thereof and does not exceed one operator. The use shall be conducted in such a way that it is clearly incidental to the dwelling use and shall not change the character thereof. No sign shall be permitted except one nonilluminated nameplate not exceeding two square feet in area, attached to the main building;

(6)

Wedding chapel; and

(7)

All of the following uses;

a.

Adult day care home;

b.

Developmental or physically disabled group home; and

c.

Family day care home.

(Code 1985, § 12-252; Ord. No. 11-07, § 12, 5-2-2011)

(a)

All buildings in the R-3-L low density multiple-family district shall be set back from street right-of-way lines to comply with the following yard requirements except as provided in section 58-446.

(b)

The front yard requirements in the R-3-L low density multiple-family district are as follows:

(1)

The minimum depth of the front yard shall be 25 feet; and

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet.

(c)

Side yard requirements in the R-3-L low density multiple-family district are as follows:

(1)

For detached dwellings and for unattached sides of attached dwellings located on a interior lot, a side yard of not less than five feet shall be provided on the unattached sides of the main dwelling for the first story and an additional three feet of side yard shall be provided for each additional story or part thereof. For detached buildings of accessory use there shall be a side yard of not less than five feet;

(2)

For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot; and

(3)

Churches, wedding chapels and main and accessory buildings other than dwellings and buildings accessory to dwellings shall set back from all interior side lot lines a distance of not less than 35 feet.

(d)

For main buildings in the R-3-L low density multiple-family district, there shall be a rear yard of not less than 20 feet. Unattached buildings of accessory use may be located in the rear yard of a main building, however, they must observe a minimum setback of ten feet from the rear property line.

(Code 1985, § 12-253; Ord. No. 11-07, § 13, 5-2-2011)

(a)

For single-family dwellings in the R-3-L low density multiple-family district, there shall be a minimum lot width of 50 feet at the front building line, and the lot shall abut on a street for a distance of not less than 35 feet.

(b)

For each townhouse dwelling in the R-3-L low density multiple-family district, there shall be a minimum lot width of 22 feet at the front building line, and the front lot line shall abut a street for a distance of not less than 22 feet.

(c)

For multiple-family dwellings in the R-3-L low density multiple-family district, there shall be a minimum lot width of 60 feet at the front building line and the width shall be increased by ten feet for each additional dwelling unit exceeding two which is located in the dwelling.

(Code 1985, § 12-254)

(a)

For a single-family dwelling in the R-3-L low density multiple-family district, there shall be a lot area of not less than 6,000 square feet.

(b)

For all dwellings other than single-family in the R-3-L low density multiple-family district, there shall be a lot area of not less than 5,000 square feet per dwelling unit, including private and common area.

(c)

For churches, wedding chapels and main and accessory buildings in the R-3-L low density multiple-family district, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in division 4, subdivision II of this article; provided, however, that the lot area for a church or wedding chapel shall not be less than 21,000 square feet, and for each increment in seating capacity of 20 persons beyond a seating capacity of 100 persons in the main auditorium, an additional 3,000 square feet of lot area shall be provided.

(Code 1985, § 12-255; Ord. No. 11-07, § 14, 5-2-2011)

Main and accessory buildings in the R-3-L low density multiple-family district shall not cover more than 30 percent of the lot area. Accessory buildings shall not be larger than 800 square feet.

(Code 1985, § 12-256)

(a)

No main building in the R-3-L low density multiple-family district shall exceed 35 feet in height, except as provided in section 58-447.

(b)

Any accessory building in the R-3-L low density multiple-family district exceeding 12 feet in height shall have the required side and rear yard setbacks increased by one foot for each additional foot of height above 12 feet. Provided, however, that no accessory building shall exceed 20 feet in height.

(Code 1985, § 12-257)

(a)

Two parking spaces are required for each dwelling unit within each structure.

(b)

The size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than nine feet by 20 feet plus adequate area for ingress and egress.

(Code 1985, § 12-258)

The R-3 multiple-family district is a residential district to provide for medium and high population density. The principal use of land in the R-3 multiple-family district can range from single-family to multiple-family and garden apartment uses. Certain uses which are functionally more compatible with intensive residential uses than with commercial uses are permitted in the R-3 multiple-family district, as are recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities, and through consideration of the proper functional relationship of each element.

(Code 1985, § 12-260)

Property and buildings in an R-3 multiple-family district shall be used only for the following purposes:

(1)

Any use permitted in an R-2 two-family district;

(2)

Townhouse, not exceeding eight units per cluster;

(3)

Multiple-family dwelling; and

(4)

Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

(Code 1985, § 12-261)

The following uses may be permitted on review in the R-3 multiple-family district in accordance with provisions contained in section 58-79:

(1)

Church, temple or other place of worship;

(2)

County use, city use, public building, public utility, library;

(3)

Plant nursery in which no building or structure is maintained in connection therewith;

(4)

Golf course and club house;

(5)

Home beauty shop located in a dwelling provided such shop is conducted within the main dwelling, is operated only by the inhabitants thereof and does not exceed one operator. The use shall be conducted in such a way that it is clearly incidental to the dwelling use and shall not change the character thereof. No sign shall be permitted except one nonilluminated nameplate not exceeding two square feet in area, attached to the main building;

(6)

All of the following uses:

a.

Adult day care center;

b.

Adult day care home;

c.

Alcoholic or substance abuse rehabilitation center;

d.

Battered women's home;

e.

Bed and breakfast;

f.

Day care center for children;

g.

Developmental or physically disabled group center;

h.

Developmental or physically disabled group home;

i.

Fraternities and sororities;

j.

Juvenile shelter;

k.

Nursing, convalescent home and hospice;

l.

Rooming and boarding house; and

m.

Shelter for homeless;

(7)

Doctor's or dentist's office;

(8)

Hospital;

(9)

Mobile/manufactured home park;

(10)

Mobile/manufactured home subdivision; and

(11)

Off-street parking lot associated with a commercial use as a regulated under the provisions contained in section 58-79;

(12)

Home counseling service when located in a dwelling provided such activity is conducted within the main dwelling and is operated by no more than two counselors at one time. The use shall be conducted in such a way that it shall not change the exterior dwelling appearance. The dwelling shall not be used for overnight sleeping purposes by those persons seeking counseling services. No sign shall be permitted except one nonilluminated nameplate not exceeding two square feet in area, attached to the main building;

(13)

Wedding chapel.

(Code 1985, § 12-262; Ord. No. 11-07, § 15, 5-2-2011)

(a)

All buildings in the R-3 multiple-family district shall be set back from street right-of-way or property lines to comply with the following yard requirements, except as set forth in section 58-446.

(b)

The front yard requirements in the R-3 multiple-family district are as follows:

(1)

The minimum depth of the front yard shall be 25 feet;

(2)

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback fine of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street fine than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet; and

(3)

When a yard has double frontage the front yard requirements shall be provided on both streets.

(c)

Side yard requirements in the R-3 multiple-family district are as follows:

(1)

For detached dwellings and for unattached sides of attached dwellings located on an interior lot, a side yard of not less than five feet shall be provided on the unattached sides of the main dwelling for the first story and an additional three feet of side yard shall be provided for each additional story or part thereof. For detached buildings of accessory use, there shall be a side yard of not less than five feet;

(2)

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back to back with another corner lot and 25 feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot;

(3)

In no case shall a garage which faces a street be located closer than 20 feet to that street property line; and

(4)

Churches, wedding chapels and main and accessory buildings other than dwellings and buildings accessory to dwellings and trailers, shall set back from all interior side lot lines a distance of not less than 35 feet.

(d)

For main buildings in the R-3 multiple-family district there shall be a rear yard of not less than 20 feet. Garage apartments may be located in the rear yard of another dwelling, but shall not be located closer than ten feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of a main building, however, they must observe a minimum set back of ten feet from the rear property line.

(Code 1985, § 12-263; Ord. No. 11-07, § 16, 5-2-2011)

(a)

For single-family dwellings, two-family dwellings and for a single-family dwelling and garage apartment located on the same lot in the R-3 multiple-family district, there shall be a minimum lot width of 50 feet at the front building line, and the front lot line shall abut a street for a distance of not less than 35 feet.

(b)

For each townhouse dwelling in the R-3 multiple-family district, there shall be a minimum lot width of 22 feet at the front building line, and the front lot line shall abut a street for a distance of not less than 22 feet.

(c)

For multiple-family dwellings in the R-3 multiple-family district, there shall be a minimum lot width of 60 feet at the front building line and the width shall be increased by ten feet for each additional dwelling unit exceeding three which is located in the dwelling; however, for dwellings in excess of ten units, the width shall be increased by three feet per unit.

(Code 1985, § 12-264)

(a)

For each single-family dwelling and accessory buildings in the R-3 multiple-family district, there shall be a lot area of not less than 6,000 square feet.

(b)

For each two-family dwelling and accessory buildings in the R-3 multiple-family district, there shall be a lot area of not less than 7,000 square feet.

(c)

Where a garage apartment is located on the same lot with a single-family dwelling in the R-3 multiple-family district, there shall be a lot area of not less than 7,000 square feet. When a garage apartment is located on the same lot with a two-family or multiple-family dwelling, the lot area shall provide not less than 3,500 square feet more than is required for the two-family or multiple-family dwelling.

(d)

For each multifamily dwelling of less than five stories in height in the R-3 multiple-family district, there shall be provided a minimum lot area of 3,500 square feet for the first three or four units, and 3,000 square feet for each additional dwelling unit more than four built in the same structure.

(e)

For multiple-family dwellings of five stores or greater in height in the R-3 multiple-family district, there shall be provided a lot area equal to not less than two times the gross floor area of the building plus the coverage of the building.

(f)

Where a lot has less area than required in this section and all boundary lines of that lot touch lands under other ownership on the effective date of the ordinance from which this chapter is derived, that lot may be used for any use, except churches, permitted in the R-1 one-family district.

(g)

For churches, wedding chapels and main and accessory buildings, other than dwellings and buildings accessory to dwellings in the R-3 multiple-family district, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in division 4, subdivision II of this article. Provided, however, that the lot area for a church or wedding chapel shall not be less than 21,000 square feet, and for each increment in seating capacity of 20 persons beyond a seating capacity of 100 persons in the main auditorium, an additional 3,000 square feet of lot area shall be provided.

(Code 1985, § 12-265; Ord. No. 11-07, § 17, 5-2-2011)

Main and accessory buildings in the R-3 multiple-family district shall not cover more than 35 percent of the lot area; provided, however, that a townhouse, garden apartment or condominium located on a lot with a rear yard abutting a common open space, as authorized in these regulations may cover not more than 40 percent of the lot area.

(Code 1985, § 12-266)

No building in the R-3 multiple-family district shall exceed 70 feet in height, except as provided in section 58-447.

(Code 1985, § 12-267)

(a)

Two parking spaces are required for each dwelling unit in the R-3 multiple-family district.

(b)

The size of a parking space for one vehicle in the R-3 multiple-family district shall consist of a rectangular area having dimensions of not less than nine feet by 20 feet plus adequate area for ingress and egress.

(Code 1985, § 12-268)

The C-1-R restricted neighborhood commercial district is intended to provide for selective placement within the city for those types of offices, restrictive retail commercial activities and certain institutional activities that are needed and are appropriate to be located in a suburban location near or adjacent to residential neighborhoods. These highly selective land use activities may require separate buildings or building groups with appropriate off-street parking that are surrounded by landscaped yards and open areas. The use of the C-1-R restricted neighborhood commercial district will require close attention to aesthetic requirements such as landscaping, setbacks, sign control and restricted building heights that are in keeping with the quietness and low-density nature of residential areas.

(Code 1985, § 12-270)

Property and buildings in a C-1-R restricted neighborhood commercial district shall be used only for the following purposes:

(1)

Permitted residential uses:

a.

Single-family detached dwelling (use area and intensity of use regulations in sections 58-234 and 58-236 for R-3-L low density multiple-family district); and

b.

Multiple-family dwellings (use area and intensity of use regulations in sections 58-234 and 58-236 for R-3-L low density multiple-family district);

(2)

Any of the following uses:

a.

Antique shop;

b.

Art gallery or museum;

c.

Artist materials and supplies;

d.

Barber shop;

e.

Beauty shop;

f.

Book or stationery store;

g.

Business school;

h.

Camera shop;

i.

Candy store;

j.

Dancing and music academies;

k.

Drugstore with lunch counter and soda fountain;

l.

Floral shop;

m.

Hospitals;

n.

Medical equipment and supplies;

o.

Medical laboratories for research and testing;

p.

Office buildings in which no activity is carried on catering to the retail trade except for those uses specifically listed under this section. These office uses shall include, but shall not necessarily be limited to, doctors, dentists, psychologists, chiropractors, lawyers, architects, engineers, realtors, insurance agents and other similar activities requiring office locations;

q.

Optometrist sales and service;

r.

Photographer studio;

s.

Pharmacy; and

t.

Physical fitness salons.

(Code 1985, § 12-271)

The following uses may be permitted on review in the C-1-R restricted neighborhood commercial district in accordance with provisions contained in section 58-79:

(1)

Adult day care center;

(2)

Adult day care home;

(3)

Alcoholic or substance rehabilitation center;

(4)

Battered women's home;

(5)

Bed and breakfast;

(6)

Day care center for children;

(7)

Developmental or physically disabled-center;

(8)

Developmental or physically disabled-home;

(9)

Fraternities and sororities;

(10)

Juvenile shelter;

(11)

Nursing, convalescent home and hospice;

(12)

Rooming and boarding house; and

(13)

Shelter for the homeless.

(Code 1985, § 12-272)

The area requirements for dwellings and buildings accessory thereto in the C-1-R restricted neighborhood commercial district shall be the same as the area requirements for the R-3-L low density multiple-family district. The following requirements shall apply to all other uses permitted in the C-1-R restricted neighborhood commercial district:

(1)

All buildings shall set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth;

(2)

For all exterior yards located adjacent to a street, there shall be a side yard of not less than 25 feet. For all interior side yards, there shall be a side yard of not less than ten feet on both sides. All unattached buildings of accessory use must be one-story and be located completely behind the rear wall of the main building;

(3)

No building shall be located closer than 35 feet to the rear lot line;

(4)

Main and accessory buildings shall not cover more than 40 percent of the lot area, and in no case shall the total gross floor area of the main building exceed the area of the lot;

(5)

Whenever off-street parking lots are established so as to abut the side or rear line of a residential lot, an opaque, ornamental fence or wall not less than five feet high and not more than 6½ feet high shall be constructed and maintained in good condition along the rear or side lot line up to, but not beyond, the abutting residential setback building line. The design and choice of materials of the required fence shall be approved by the planning commission. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. No parking shall be permitted within a front yard setback line established ten feet back of the property line of interior and corner lots and on any corner lot formed by two intersecting streets, no parking shall be permitted, and no wall, fence, sign, structure or plant growth having a height in excess of two feet above the elevation of the crown of the adjacent roadway surface shall be maintained in a triangle formed by measuring a distance of 30 feet along the front and side lot lines from their point of intersection, and connecting the points so established to form a triangle on the area of the lot adjacent to the street intersection;

(6)

All of the lot used for parking and driveway purposes shall be paved (see definition of "parking space") and maintained in such a manner that no dust will be produced by continued use;

(7)

Driveways used for ingress and egress shall be confined to and shall not exceed 25 feet in width, exclusive of curb returns;

(8)

All yards shall be landscaped with grass, shrubs, evergreen cover and maintained in good condition the year round; and

(9)

No outdoor signs shall be located in this district except in accordance with the following provisions:

a.

One permanent ground mounted sign for each separately owned parcel of land may be placed within the 25-foot front-yard setback area or in the 25-foot side-yard setback area of corner lots. No part of this sign may project more than four feet above that level of the ground and may not have a total area of more than 24 feet, including the base or any type of mount. This sign may be illuminated by ground lights at the base of the sign or illuminated from within the sign itself. No attached or goose-neck type light may be used; and

b.

One permanent wall-type sign, mounted flat against the wall of the building, may be allowed for each entrance of the building intended to be used as a business entrance for the general public. This sign may not have an area of more than 16 square feet with the narrowest dimension of the sign not less than two feet and the sign may not project more than one foot past any of the walls, sides, roof line or other overhangs of the building. Signs allowed on the side of the building may be illuminated by ground mounted lights or by illumination from within and part of the sign. No attached or goose-neck type light may be used. It is the intent of the C-1-R restricted neighborhood commercial district to provide for a subdued level of night lighting for outdoor signs. No revolving or flashing lights will be allowed.

(Code 1985, § 12-273)

The architectural design and materials used for the construction of accessory buildings and fences in the C-1-R restricted neighborhood commercial district shall harmonize with the main building to which the building or fence is accessory. No accessory building in the C-1-R restricted neighborhood commercial district shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used unless the main building on the lot is also being used.

(Code 1985, § 12-274)

(a)

No main building in the C-1-R restricted neighborhood commercial district shall exceed 2½ stories or 35 feet in height except as provided in section 58-447.

(b)

Any accessory building in the C-1-R restricted neighborhood commercial district exceeding 12 feet in height shall have the required side and rear yard setbacks increased by one foot for each additional foot of height above 12 feet. Provided, however, that no accessory building shall exceed the height of 20 feet.

(Code 1985, § 12-275)

The C-O office commercial district is intended to provide a place for those types of institutional and commercial activities that require separate buildings and building groups surrounded by landscaped yards and open areas. Land, space and aesthetic requirements of these uses make desirable either a central location or a suburban location near residential neighborhoods.

(Code 1985, § 12-280)

Property and buildings in a C-O office commercial district shall be used only for the following purposes:

(1)

Any use permitted in an R-3-L low density multiple-family district, except high-rise apartments; and

(2)

Any of the following uses:

a.

Art gallery;

b.

Assembly halls for nonprofit corporations;

c.

Business colleges;

d.

Church, temple or other place of worship;

e.

Hospitals;

f.

Laboratories for research and testing;

g.

Libraries;

h.

Museums;

i.

Music conservatories;

j.

Office buildings in which no activity is carried on catering to the retail trade with the general public and no stock of goods is maintained for sale to customers. These shall include, but shall not necessarily be limited to, doctors, dentists, stock and bond brokers, lawyers, architects and engineers; provided, however, that this shall in no way be construed as permitting undertaking establishments and funeral homes;

k.

Public and private schools and colleges with students in residence and dormitories associated therewith;

l.

Trade schools and schools for vocational training; and

(m)

Wedding chapel.

(3)

Shops, stores and related eating facilities associated with and incidental to the uses listed under subsection (2) of this section and maintained primarily for serving the occupants thereof;

(4)

Buildings, structures and uses customarily incidental and accessory to the uses in this section; and

(5)

Nameplate or sign relating only to the principal use.

(Code 1985, § 12-281; Ord. No. 11-07, § 18, 5-2-2011)

The following uses may be permitted on review in the C-O office commercial district in accordance with provisions contained in section 58-79:

(1)

Adult day care center;

(2)

Adult day care home;

(3)

Alcoholic or substance abuse rehabilitation center;

(4)

Battered women's home;

(5)

Bed and breakfast;

(6)

Day care center for children;

(7)

Developmental or physically disabled-center;

(8)

Developmental or physically disabled-home;

(9)

Family day care home;

(10)

Fraternities and sororities;

(11)

Half-way house for releases from correctional institutions;

(12)

Juvenile shelter;

(13)

Nursing, convalescent home and hospice;

(14)

Rooming and boarding house;

(15)

Shelter for the homeless; and

(16)

Funeral home (no ambulance service).

(Code 1985, § 12-282; Ord. No. 97-6, 6-2-1997)

The area requirements for dwellings and buildings accessory thereto in the C-O office commercial district shall be the same as the requirements of the R-3-L low density multiple-family district. The following requirements shall apply to all other uses permitted in the C-O office commercial district:

(1)

All buildings shall be set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth;

(2)

Where a side interior yard is adjacent to a dwelling district, no building shall be located closer than 25 feet to the side lot line. Where a side interior yard is adjacent to a commercial or industrial district, no building shall be located closer than ten feet to the side lot line. For all exterior side yards located adjacent to a street, there shall be a side yard of not less than 25 feet;

(3)

No building shall be located closer than 35 feet to the rear lot line;

(4)

Main and accessory buildings shall not cover more than 35 percent of the lot area, and in no case shall the total floor area of the main building exceed the area of the lot; and

(5)

Whenever off-street parking lots are established so as to abut the side or rear line of a residential lot, an opaque ornamental fence or wall not less than five feet high and not more than 6½ feet high shall be constructed and maintained in good condition along the rear or side lot line up to, but not beyond, the abutting residential setback building line. The design and choice of materials of the required fence shall be approved by the planning commission. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district. No parking shall be permitted within a front yard setback line established ten feet back of the property line of interior and corner lots and on any corner lot formed by two intersecting streets, no parking shall be permitted, and no wall, fence, sign, structure or plant growth having a height in excess of two feet above the elevation of the crown of the adjacent roadway surface shall be maintained in a triangle formed by measuring a distance of 30 feet along the front and side lot lines from their point of intersection, and connecting the points so established to form a triangle on the area of the lot adjacent to the street intersection.

(Code 1985, § 12-283)

No building or structure in the C-O office commercial district shall exceed 45 feet in height, except as otherwise provided in section 58-447.

(Code 1985, § 12-284)

The C-1 neighborhood commercial district is for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational elements, more restrictive requirements for light, air, open space and off-street parking are made than are provided in other commercial districts.

(Code 1985, § 12-290)

(a)

Property and buildings in a C-1 neighborhood commercial district shall be used only for the following purposes:

(1)

Any use permitted in an R-3 multiple-family district;

(2)

Antique shop;

(3)

Appliance store;

(4)

Art school, gallery or museum;

(5)

Artist materials, supplies, studio;

(6)

Automobile parking lot;

(7)

Automobile service station;

(8)

Automobile supply store;

(9)

Baby shop;

(10)

Bakery goods retail store;

(11)

Bank;

(12)

Barbershop;

(13)

Beauty shop;

(14)

Book or stationery store;

(15)

Camera shop;

(16)

Candy store;

(17)

Catering establishment;

(18)

Church, temple or other place of worship;

(19)

Cleaning, pressing, laundry agency, providing cleaning and pressing is not done on the premises;

(20)

Curio shop or gift shop;

(21)

Dairy products or ice cream store;

(22)

Delicatessen;

(23)

Department store;

(24)

Dress shop;

(25)

Drug store or fountain;

(26)

Dry goods store, department store;

(27)

Florist shop, greenhouse, nursery;

(28)

Funeral parlor or mortuary (no ambulance service);

(29)

Furniture store;

(30)

Grocery store or supermarket (permits sale of package beer and wine);

(31)

Hardware store;

(32)

Help-yourself laundry or laundromat;

(33)

Hotel;

(34)

Jewelry or notion store;

(35)

Lodge hall;

(36)

Meat market;

(37)

Medical facility;

(38)

Messenger or telegraph service;

(39)

Musical instrument sales;

(40)

Newspaper or magazine sales;

(41)

Office business;

(42)

Office supply;

(43)

Optometrist sales and service;

(44)

Paint and decorating shop;

(45)

Parking lot;

(46)

Pet store;

(47)

Pharmacy;

(48)

Photographer studio;

(49)

Radio and television sales and service;

(50)

Restaurant;

(51)

Sewing machine sales, instruction;

(52)

Shoe repair shop;

(53)

Sporting goods store;

(54)

Tailor shop;

(55)

Toy store;

(56)

Variety store; and

(57)

Wedding chapel.

(b)

The following home bound services and residential living services are also permitted in the C-1 neighborhood commercial district:

(1)

Adult day care center;

(2)

Adult day care home;

(3)

Battered women's home;

(4)

Bed and breakfast;

(5)

Day care center for children;

(6)

Developmental or physically disabled-center;

(7)

Developmental or physically disabled-home;

(8)

Family day care home for children;

(9)

Fraternities and sororities;

(10)

Juvenile shelter;

(11)

Nursing, convalescent home and hospice;

(12)

Rooming and boarding house; and

(13)

Shelter for the homeless.

(c)

The following uses are also permitted in the C-1 neighborhood commercial district:

(1)

Nameplate and sign relating only to the use of the store and premises or to products sold on the premises; and

(2)

Accessory buildings and uses customarily incidental to the uses in this section.

(d)

A building used for any of the uses enumerated in this section may not have more than 40 percent of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or stored in connection with the uses enumerated in subsections (a) through (c) of this section shall be displayed or stored outside of a building.

(Code 1985, § 12-291; Ord. No. 11-07, § 19, 5-2-2011; Ord. No. 18-12, § 1, 9-4-2018)

The following uses may be permitted on review in accordance with the provisions contained in section 58-79:

(1)

Pawn shops;

(2)

Alcoholic or substance abuse rehabilitation center;

(3)

Half-way house for releasees from correctional institutions; and

(4)

Small animal veterinary clinics.

(Code 1985, § 12-292)

The area requirements for dwellings in the C-1 neighborhood commercial district shall be the same as the requirements of R-3 multiple-family district, except high-rise apartments. The following requirements shall apply to all other uses permitted in the C-1 neighborhood commercial district:

(1)

All buildings shall be set back from the street right-of-way property line to provide a front yard having not less than 25 feet in depth;

(2)

Where a side interior yard is adjacent to a dwelling district, no building shall be located closer than 25 feet to the side lot line. Where a side interior yard is adjacent to a commercial or industrial district, no building shall be located closer than ten feet to the side lot line. For all exterior side yards located adjacent to a street, there shall be a side yard of not less than 25 feet;

(3)

Where a commercial building is to be serviced from the rear or side, there shall be provided a service court, rear or side yard or a combination thereof, exclusive of all public rights-of-way or alley ways, of not less than 20 feet. As part of this requirement, all side yards will be observed; and

(4)

Whenever any commercial or industrial district or parking lot or parking area is established so as to abut the side or rear line of a lot in a residential district an opaque ornamental fence or wall not less than five feet high and not more than 6½ feet high shall be constructed and maintained in good condition along the rear or side lot line up to, but not beyond, this abutting residential setback building line. The design and choice of materials of the required fence shall be approved by the planning commission. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.

(Code 1985, § 12-293)

No building in the C-1 neighborhood commercial district shall exceed 3½ stories, or 45 feet in height, except as provided in section 58-447.

(Code 1985, § 12-294)

The C-2 general commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for the stocking and delivery of retail goods.

(Code 1985, § 12-300)

(a)

Property and buildings in a C-2 general commercial district shall be used only for the following purposes:

(1)

Any use permitted in C-1 neighborhood commercial district and C-O office commercial district;

(2)

Automobile sales (new automobiles) and services, new machinery sales and service, public garages, provided no gasoline is stored above ground, used automobiles and machinery sales and used automobile and machinery repairing if conducted wholly within a completely enclosed building, but not including automobile or machinery wrecking establishments or junkyards;

(3)

[Reserved];

(4)

Ambulance service office or garage;

(5)

Amusement enterprises;

(6)

Bakery;

(7)

Bar, lounge or tavern (low-point beer);

(8)

Boat sales;

(9)

Bus terminal;

(10)

Carpenter and cabinet shops;

(11)

Cleaning and dying works;

(12)

Clothing or apparel store;

(13)

Commercial school or hall;

(14)

Department store;

(15)

Drive-in theater or restaurant;

(16)

Electric transmission station;

(17)

Feed or fuel store;

(18)

Frozen food locker;

(19)

Furniture repair and upholstery;

(20)

Funeral parlor or mortuary;

(21)

Gasoline and oil retail distributing plant;

(22)

Golf course, miniature or practice range;

(23)

Heating, ventilating or plumbing supplies, sales and services;

(24)

Hospital for small animals;

(25)

Interior decorating store;

(26)

Ice storage locker plant or storage house for food;

(27)

Key shop;

(28)

Kennel;

(29)

Laboratories, testing and experimental;

(30)

Laundry;

(31)

Leather goods shop;

(32)

Motel;

(33)

Nursery or garden supply store;

(34)

Outdoor advertising signs;

(35)

Pawn shop;

(36)

Printing plant;

(37)

Propane sales, above ground storage up to 2,000 gallons (subject to approval of fire marshal);

(38)

Recreation center;

(39)

Recreational vehicle (R.V.) park;

(40)

Retail liquor store;

(41)

Roller skating rink;

(42)

Sign painting shop;

(43)

Theater;

(44)

Trailer, travel or camping;

(45)

Used automobile sales;

(46)

Veterinary clinic; and

(47)

Wholesale distributing center.

(b)

The following uses are also permitted in the C-2 general commercial district:

(1)

Buildings, structures and uses accessory and customarily incidental to any of the above uses, provided that there shall be no manufacturing, processing or compounding of products other than such as are customarily incidental and essential to retail establishments;

(2)

Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated in subsection (a) of this section; and

(3)

A flea market provided all activities related to such commercial activities shall take place inside an enclosed structure. One parking space is required for each 150 square feet of retail floor space in the building.

(c)

No article or material stored or offered for sale in connection with uses permitted under subsections (a) and (b) of this section shall be stored or displayed outside the confines of a building unless it is screened by permanent ornamental walls, fences or plantings so that it cannot be seen from adjoining streets or lots when viewed by a person standing on ground level; provided however, that no screening in excess of seven feet in height shall be required, except new and used automobile sales, farm implement dealers, boat or recreational vehicle sales, growing nursery stock items, yard ornaments, burial monuments and automobile service stations engaged in the sale of gasoline and oil, where open display may be permitted of merchandise commonly sold by automobile service stations, i.e., oil, batteries, tires, wiper blades, etc. No permanent open display will be permitted on sidewalks or public rights-of-way.

(Code 1985, § 12-301; Ord. No. 99-2, 2-1-1999; Ord. No. 99-17, § 3, 9-17-1999; Ord. No. 05-11, § 4, 5-2-2005)

(a)

The area regulations for separate dwelling structures shall be the requirements for the R-3 multiple-family district.

(b)

All buildings in the C-2 general commercial district shall be set back from the street right-of-way or property line to provide a front yard having not less than 25 feet in depth except the following described area which shall be exempt from yard setbacks. The following blocks of the original townsite are exempt: Lots 6 through 10, Block 81, Blocks 82, 83, 84, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 104, 105, 106, 107 and Lots 1 through 6, Block 108. The intent of this exception to the setback yard requirements for the above described areas is to promote a cohesive and unified commercial and retail core for the city.

(c)

On the side of a lot adjoining a dwelling district in the C-2 general commercial district, there shall be a side yard of not less than ten feet. There shall be a side yard setback from an intersecting street of not less than 25 feet except for those areas as noted in subsection (b) of this section.

(d)

Where a commercial building in the C-2 general commercial district is to be serviced from the rear, there shall be provided a service court, side or rear yard, or combination thereof, exclusive of all public rights-of-way or alley ways, of not less than 20 feet. As part of this requirement, all side yards will be observed.

(e)

Whenever any commercial or industrial district or parking lot or parking area is established so as to abut the side or rear line of a lot in a residential district, an opaque, ornamental fence or wall not less than five feet high and not more than 6½ feet high shall be constructed and maintained in good condition along the rear or side lot line up to, but not beyond, the abutting residential setback building line. The design and choice of materials of the required fence shall be approved by the planning commission. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will not be annoying glare directed or reflected toward residential buildings in a residential district.

(Code 1985, § 12-302)

The following uses may be permitted upon review in a C-2 general commercial district in accordance with the provisions contained in section 58-329:

(1)

Multiple-family dwelling, subject to the requirements of section 58-350;

(2)

Mini-warehouse;

(3)

Flea market operations as follows:

a.

Flea market that will be active weekly or more frequently and is to take place in the open air and will not require any permanent type of structure for vendors or customers. A site development plan of the flea market shall be required in support of the application for a use permitted on review. Minimum off-street parking required will be two spaces for each individual vendor space and the parking areas must comply with section 58-483, off-street parking lot construction and maintenance. The site plan will indicate ingress and egress, off-street parking spaces, design of the parking lot and provisions for sanitary facilities. The provisions of section 58-347 regarding screening will be adhered to; and

b.

Flea market that will be active for no more than 16 occasions per year with each occasion not exceeding three consecutive days at one time. This flea market will take place in the open air and will not be allowed any permanent type of structure for vendors or customers. There are no surface requirements for off-street parking for this classification of flea market. However, minimum off-street parking required will be two spaces for each individual vendor space. A site development plan shall be required in support of the application for a use permitted on review and the site plan will indicate ingress and egress driveways over public rights-of-way, number of parking spaces, design of the parking lot and provisions for sanitary facilities. After review of the site plan, if the request for use permitted on review is approved by the city council, a special permit will be issued by the city clerk's office thereafter for each occasion that a flea market is held during ensuing years, with not more than 16 special permits to be issued to that particular site per year. This approved use permitted on review may be revoked by the city council after a public hearing of the metropolitan area planning and zoning commission. If the request for the use permitted on review for this type of flea market is approved the applicant must present to the city clerk's office, before the special permit is issued, a maintenance bond in the amount of $2,000.00 for each year to provide protection to the city against unsightly debris or damage to the public right-of-way caused by the activities of the flea market.

(4)

Bar, lounge or tavern (mixed beverage);

(5)

Night club/dance hall;

(6)

Reserved;

(7)

Go-cart track;

(8)

Bumper boat arena;

(9)

Wargames, using paint balls or any other types of projectiles.

(10)

Alcoholic or substance abuse rehabilitation center; and

(11)

Half-way house for releasees from correctional institutions.

(Code 1985, § 12-304; Ord. No. 99-2, 2-1-1999; Ord. No. 99-17, §§ 1, 2, 9-7-1999; Ord. No. 17-15, § 1, 11-6-2017)

(a)

The purpose of this section is to set forth requirements and standards to allow the use of existing commercial and office buildings, primarily the areas above the first floor, for conversion to dwelling units. The primary concern in allowing such conversions shall always be for the health and safety of the intended occupants.

(b)

Minimum living unit size for any new construction or rehabilitation for dwelling units in the C-2 general commercial district shall be as follows:

(1)

For single person occupancy, a minimum of 400 square feet per dwelling unit shall be provided;

(2)

For double occupancy, a minimum of 500 square feet per dwelling unit shall be provided;

(3)

For each occupant over two, 80 additional square feet of floor area per dwelling shall be provided; and

(4)

All new construction and rehabilitation of existing structures shall conform to standards set forth in all fire, housing and building codes adopted by the city. The entire structure in which the new construction or rehabilitation work is to take place shall also be required to be rehabilitated to meet all the city's construction and fire codes. No building permit shall be issued for rehabilitation or new construction work for dwelling units within a structure unless the entire structure is included at that time for rehabilitation to meet all city building and fire codes.

(c)

The developer shall submit a site development packet to the planning commission as part of an application for a use permitted on review in accordance with provisions contained in section 58-79. Four copies of this packet shall be submitted to the director of community services. The packet shall contain the following:

(1)

List of all the property owners and existing land uses within 200 feet of the proposed project;

(2)

Site plan of the proposed project showing surrounding properties and pertinent street rights-of-way and utility easements;

(3)

Architectural drawings drawn at a scale no smaller than one-quarter of an inch equals one foot which will clearly illustrate the intended plans for new construction or rehabilitation; and

(4)

The off-street automobile parking requirements of two parking spaces for each dwelling unit must be met or satisfied by the following solutions resolved by the planning commission and recommended to the city council for acceptance:

a.

Land area is available on the site of the project to accommodate the required parking; and

b.

The site of the proposed project is within the area of the retail core of the city as outlined in section 58-477 and therefore the proposed project is exempt from the off-street parking requirements.

(Code 1985, § 12-305)

The I-1 restricted light industrial district is intended primarily for production and assembly plants that are conducted so the noise, odor, dust and glare of each operation is completely confined within an enclosed building. These industries may require direct access to rail, air or street transportation routes; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the light and heavy industrial districts. Buildings in the I-1 restricted light industrial district should be architecturally attractive and surrounded by landscaped yards.

(Code 1985, § 12-310)

(a)

Property and buildings in an I-1 restricted light industrial district shall be used only for the following purposes:

(1)

Art and handicraft items fabrication;

(2)

Bakery;

(3)

Bottling works;

(4)

Book bindery;

(5)

Candy manufacturing;

(6)

Engraving plant;

(7)

Electrical equipment assembly;

(8)

Food products processing and packing;

(9)

Furniture manufacturing;

(10)

Instrument and meter manufacturing;

(11)

Jewelry and watch manufacturing;

(12)

Laboratories, experimental;

(13)

Leather goods fabrication;

(14)

Mail order warehouse;

(15)

Mini-warehouse;

(16)

Office buildings;

(17)

Optical goods manufacturing;

(18)

Paper products manufacturing;

(19)

Printing and publishing;

(20)

Sporting goods manufacturing; and

(21)

Trade schools and schools for vocational training.

(b)

Accessory uses permitted in the I-1 restricted light industrial district are any uses, including but not necessarily limited to the list below, which are customarily incidental and of secondary significance to the principal use, shall be permitted:

(1)

Adult day care center;

(2)

Adult day care home;

(3)

Day care facility;

(4)

Employee cafeteria;

(5)

Employee recreation area;

(6)

Night watchman quarters;

(7)

Parking lot; and

(8)

Sign.

(c)

All of the uses permitted under this section shall have their primary operations conducted entirely within enclosed buildings and shall not emit any dust or smoke or noxious odor of fumes outside the building housing the operation, or produce a noise level occurring on the adjacent street. No article, equipment or material shall be stored outside of an enclosed building.

(Code 1985, § 12-311)

(a)

All buildings, including commercial buildings in the I-1 restricted light industrial district, shall set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth.

(b)

No building in the I-1 restricted light industrial district shall be located closer than 25 feet to a side lot line.

(c)

No building in the I-1 restricted light industrial district shall be located closer than 25 feet to the rear lot line.

(d)

Main and accessory buildings and off-street parking and loading facilities in the I-1 restricted light industrial district shall not cover more than 80 percent of the lot area.

(e)

All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

(f)

Whenever any commercial or industrial district, parking lot or parking area is established so as to abut the side or rear line of a lot in a residential district, an opaque ornamental fence or wall not less than five feet high and not more than 6½ feet high shall be constructed and maintained in good condition along the rear or side lot line up to, but not beyond, the abutting residential setback building line. The design and choice of materials of the required fence shall be approved by the planning commission. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.

(Code 1985, § 12-312)

No building or structure in the I-1 restricted light industrial district shall exceed 45 feet in height, except as provided in section 58-447.

(Code 1985, § 12-313)

The I-2 light industrial district is intended primarily for the conduct of light manufacturing, assembling, fabrication and for warehousing, wholesale and service uses. These do not depend primarily on frequent personal visits of customers or clients, but may require good accessibility to major rail, air or street transportation routes.

(Code 1985, § 12-320)

Property and buildings in the I-2 light industrial district shall be used only for the following purposes:

(1)

No dwelling use, except sleeping facilities required by caretakers or night watchmen employed on the premises, shall be permitted in an 1-2 light industrial district;

(2)

Any of the following uses:

a.

Building material sales yard and lumber yard, including the sale of rock, sand, gravel and the like as an incidental part of the main business, but not including a concrete batch plant or transit mix plant;

b.

Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors;

c.

Freighting, trucking yard or terminal;

d.

Oil field equipment storage yard;

e.

Public utility service yard or electrical receiving or transforming station; and

f.

No article or material permitted in this district shall be kept, stored or displayed outside the confines of a building unless it is so screened by fences, walls or plantings that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground level;

(3)

The following uses when conducted within a completely enclosed building:

a.

The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products;

b.

The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stone, shell, textiles, tobacco, wood, yarn and paint not employing a boiling process;

c.

The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas;

d.

The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like;

e.

Manufacture of musical instruments, toys, novelties and rubber metal stamps;

f.

Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender work, truck repairing and overhauling, tire retreading or recapping and battery manufacturing;

g.

Blacksmith shop and machine shop, excluding punch presses over 20 tons rated capacity, drop hammers and automatic screw machines;

h.

Foundry casting lightweight nonferrous metal not causing noxious fumes or odors;

i.

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders and the like; and

j.

Wholesale storage or manufacture of alcoholic beverages;

(4)

Buildings, structures and uses accessory and customarily incidental to any of the above uses;

(5)

The uses permitted under this section shall be conducted in such a manner that no noxious odor, fumes or dust will be emitted beyond the property line of the lot on which the use is located; and

(6)

No article or material permitted in this district shall be kept, stored or displayed outside the confines of a building unless it is so screened by fences, walls or plantings that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

(Code 1985, § 12-321)

(a)

All buildings, including commercial buildings, in the I-2 light industrial district shall set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth.

(b)

No building shall be located closer than 25 feet to a side lot line.

(c)

No building shall be located closer than 20 feet to the rear lot line.

(d)

Main and accessory buildings and off-street parking and loading facilities in the I-2 light industrial district shall not cover more than 80 percent of the lot area.

(e)

All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

(f)

Whenever any commercial or industrial district or parking lot or parking area is established so as to abut the side or rear line of a lot in a residential district, an opaque ornamental fence or wall not less than five feet high and not more than 6½ feet high shall be constructed and maintained in good condition along the rear or side lot line up to, but not beyond, the abutting residential setback building line. The design and choice of materials of the required fence shall be approved by the planning commission. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.

(g)

Where a building in the I-2 light industrial district is to be serviced from the side or rear, there shall be provided a service court or rear yard, exclusive of all public rights-of-way or alleyways, thereof of not less than 30 feet in width or of adequate area and width to provide for maneuver of service vehicles, whichever is greater.

(h)

Buildings in the I-2 light industrial district shall be provided with a yard area adequate to meet the off-street parking requirements set forth in division 4, subdivision II of this article.

(Code 1985, § 12-322)

A flea market is a use permitted on review in the I-2 light industrial district as follows:

(1)

Flea market that will be active weekly or more frequently and is to take place in the open air and will not require any permanent type of structure for vendors or customers. A site development plan of the flea market shall be required in support of the application for a use permitted on review. Minimum off-street parking required will be two spaces for each individual vendor space and the parking areas must comply with section 58-483 off-street parking lot construction and maintenance. The site plan will indicate ingress and egress, off-street parking spaces, design of the parking lot and provisions for sanitary facilities. The provisions of section 58-347 regarding screening will be adhered to; and

(2)

Flea market that will be active for no more than 16 occasions per year with each occasion not exceeding three consecutive days at one time. This flea market will take place in the open air and will not be allowed any permanent type of structure for vendors or customers. There are no surface requirements for off-street parking for this classification of flea markets. However, minimum off-street parking required will be two spaces for each individual vendor space. A site development plan shall be required in support of the application for a use permitted on review and the site plan will indicate ingress and egress driveways over public rights-of-way, number of parking spaces, design of the parking lot and provisions for sanitary facilities. After review of the site plan, if the request for use permitted on review is approved by the city council, a special permit will be issued by the city clerk's office thereafter for each occasion that a flea market is held during ensuing years, with not more than 16 special permits to be issued to that particular site per year. This approved use permitted on review may be revoked by the city council after a public hearing of the metropolitan area planning and zoning commission. If the request for the use permitted on review for this type of flea market is approved, the applicant must present to the city clerk's office, before the special permit is issued, a maintenance bond in the amount of $2,000.00 for each year to provide protection to the city against unsightly debris or damage to the public right-of-way caused by the activities of the flea market.

(Code 1985, § 12-322.1)

No building or structure in the I-2 light industrial district shall exceed 70 feet in height, except as provided in section 58-447.

(Code 1985, § 12-323)

The I-3 heavy industrial district is intended to provide for heavy industrial uses and other uses not otherwise provided for in the districts established by these regulations. The intensity of uses permitted in the I-3 heavy industrial district makes it desirable that they be located down wind and separated from residential and commercial uses wherever possible.

(Code 1985, § 12-330)

Property and buildings in an I-3 heavy industrial district may be used for any use except those noted under the following conditions:

(1)

All residential uses are not permitted except sleeping facilities required by night watchmen and caretakers employed upon the premises and attached to major structures;

(2)

All uses not complying with these regulations or any other county, state or federal regulations or law are prohibited;

(3)

Before the following or similar uses will be permitted they must be reviewed by the planning commission in accordance with provisions related to uses permitted on review as provided in section 58-79. In addition the planning commission may require approval of the city-county health department, state fire marshal, other state agencies and may attach to the approval specific restrictions designed to protect the public welfare:

a.

Acid manufacture;

b.

Animal sale barn;

c.

Automobile salvage or junk yard;

d.

Building materials salvage yard;

e.

Cement, lime, gypsum or plaster of Paris manufacture;

f.

Gas manufacture;

g.

Junk or salvage yard of any kind;

h.

Petroleum or its products, refining of;

i.

Scrap metal storage yard;

j.

Wholesale or bulk storage of gasoline, propane, butane or other petroleum products;

(4)

Property and buildings in an I-3 heavy industrial district, when used for the following purposes, shall have the uses thereon conducted in such a manner that all operation, display or storage of material or equipment is so screened by ornamental fences, walls or permanent evergreen planting that it cannot be seen from a public street. Before the following uses will be permitted, plans and specifications shall be presented to the planning commission to indicate the intent of the development to carry out the purposes of this requirement:

a.

Automobile salvage or junk yard;

b.

Building materials salvage yard;

c.

Junk or salvage yard of any kind; and

d.

Scrap metal storage yard.

(Code 1985, § 12-331)

(a)

All buildings in the I-3 heavy industrial district, including commercial buildings, shall set back from the street right-of-way line to provide a front yard having not less than 25 feet in depth.

(b)

No building in the I-3 heavy industrial district shall be located closer than 25 feet to a side lot line.

(c)

No building in the I-3 heavy industrial district shall be located closer than 20 feet to the rear lot line.

(d)

Where a commercial building in the I-3 heavy industrial district is to be serviced from the rear, there shall be provided a service court, rear yard or combination thereof of not less than 20 feet.

(e)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in division 4, subdivision II of this article.

(f)

Whenever any commercial or industrial district or parking lot or parking area is established so as to abut the side or rear line of a lot in a residential district, an opaque ornamental fence or wall not less than five feet high and not more than 6½ feet high shall be constructed and maintained in good condition along the rear or side lot line up to, but not beyond, the abutting residential setback building line. The design and choice of materials of the required fence shall be approved by the planning commission. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.

(Code 1985, § 12-332)

Where a lot adjoins a dwelling district, the building shall not exceed 45 feet in height, unless it is set back one additional foot from all front and side yard setback lines for each foot of additional height above 45 feet.

(Code 1985, § 12-333)

(a)

It is the intent of this section to encourage unified design of housing, commercial, industrial or institutional areas and facilities, or combinations thereof, to provide for integrated developments having harmony of design and variety of function. It is not intended to permit a greater density of uses different from those set forth in the regulations of the district in which the development is located, but this section is to provide for a greater flexibility in the design of buildings, yards, courts and circulation than would otherwise be possible through the strict application of district regulations and to produce:

(1)

A maximum choice in the types of environment and living units available to the public;

(2)

Open space and recreation areas;

(3)

A pattern of development which preserves trees, outstanding natural topography, geologic features and prevents soil erosion;

(4)

A creative approach to the use of land and related physical development;

(5)

An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs;

(6)

An environment of stable character in harmony with surrounding development; and

(7)

A more desirable environment than would be possible through the strict application of other sections of these regulations.

(b)

The planned unit development section is designed to provide for small and large scale development incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such development may consist of individual lots or it may have common building sites. Common land must be an essential and major element of the plan which is related to and affects the long-term value of the homes and other development. A planned unit shall be a separate entity with a distinct character in harmony with surrounding development.

(Code 1985, § 12-380)

(a)

Authorized. A planned unit development may be authorized, provided that all of the provisions of this section are complied with.

(b)

Location requirements. A planned unit development shall be permitted in any district except an A-1 general agricultural district or an A-2 suburban district.

(c)

Design characteristics requirements. The proposed planned unit development shall be designed to provide for the unified development of the area and in accordance with the spirit and purposes of the district in which the unit is located. The design may provide for modification of yard, setback and height requirements, but the use, density, intensity of use and coverage requirements for the district and the minimum dimensions established for the design of courts shall not be reduced.

(d)

Minimum site size requirements. There is no required minimum size of the site upon which a planned unit development shall be located.

(e)

Off-street parking requirements. The off-street parking requirements set forth in division 4, subdivision II of this article may be complied with by providing one or more permanent, common, off-street parking facilities for all uses within the development, provided that the facility contains the requisite number of spaces for each use, and that the spaces provided for permanent residents shall be clearly designated and separated from spaces provided for employees, customers and service. The total spaces provided shall not be less than the sum of the individual requirements and the spaces required for each use, and shall be under the ownership or permanent control of the owners of the use for which the spaces are required.

(f)

Site development plan requirements. The developer shall submit a site development plan of the proposed development in support of the application for a planned unit development permit. This application shall be considered the same as a rezoning request and the same procedures shall be followed concerning application, planning commission review and public hearings. Upon approval, the site development plan shall become a part of the zoning district map. The plan may provide for staged development of the project and shall so indicate on the plan.

(g)

Plan change requirements. Any substantial deviation from the plans submitted at the time of rezoning shall constitute a violation of the rezoning and a substantial change in plans shall be resubmitted for review following the same procedure required in the original adoption of the plan. The director of community development shall interpret what constitutes a substantial deviation or change in the plan.

(h)

Time limit requirements. The construction of the planned unit development shall be started within the 24 months of the effective date of approval of the plan. Failure to begin the development within 24 months shall automatically void the development plan and the land shall revert to the same zoning classification which existed immediately preceding the approval of the planned unit development. However, upon written request by the applicant showing good cause, the city manager may extend the 24 month time limit.

(i)

Home association requirements. A home association shall be created if a trust or other satisfactory arrangements have not been made for improving, operating and maintaining common facilities including streets, drives, service and parking areas and recreation areas.

(Code 1985, § 12-381; Ord. No. 18-02, § 1, 1-16-2018)

This article shall be enforced by a building inspector appointed by the city manager and under the direction of the director of community services. It is a violation of this article for any person to change or permit the change in the use of land or buildings or structures or to erect, alter, move or improve any building or structure until a building permit or certification of occupancy has been obtained under the following conditions in sections 58-77 and 58-78.

(Code 1985, § 12-390)

Whenever any structure or building is to be improved or erected, moved or structurally altered, a building permit shall be obtained from the building inspector. The building inspector may require every applicant for a permit to furnish the following information:

(1)

A site development plan;

(2)

A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building accommodates and which each existing and proposed building is designed to accommodate;

(3)

Additional information relating to the proposed improvement needed to determine compliance with these regulations; and

(4)

A survey prepared by a land surveyor registered in the state of the boundaries of the lot on which the improvement is proposed to be located.

(Code 1985, § 12-391)

No change shall be made in the use of any land or building or structure after the passage of these regulations until a certificate of occupancy from the building inspector certifying that all of the provisions of these regulations are complied with. Whenever a permit is issued for the erection of a new building or structure, an occupancy permit shall not be required, except where the use of the building or structure is changed from that for which the permit is issued or where the intended use is not clearly stated on the permit.

(Code 1985, § 12-392)

The uses listed under the various districts in this article as uses permitted on review are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses makes it desirable that they be permitted to locate therein. The following procedure is established to integrate properly the uses permitted on review with the other land uses located in the district. The city council may, after public notice and hearing by the planning commission, authorize uses permissible on review. Such authorization may be conditional upon the applicant meeting certain requirements or conditions. These uses shall be reviewed and authorized or rejected under the following procedure:

(1)

An application shall be filed with the planning commission for review. The application shall show the location and intended use of the site, the names of all the property owners and existing land uses with 300 feet and any other material pertinent to the request which the planning commission may require;

(2)

The planning commission shall hold one or more public hearings thereon; and

(3)

The planning commission shall within 45 days of the date of application, transmit to the city council its report as to the effect of such proposed use on traffic conditions, public utilities and other matters pertaining to the general welfare and the recommendation of the planning commission concerning use thereon. Thereupon the city council may authorize or deny the issuance of a building permit for the use of the land or buildings as requested.

(Code 1985, § 12-393)

A violation of this article shall be deemed a misdemeanor and shall be punishable by fine. Any person, firm or corporation who violates or refuses to comply with any of the provisions of this article shall be fined as provided in section 1-11. Each day that a violation is permitted to exist shall constitute a separate offense.

(Code 1985, § 12-394)

The council may, from time to time, on its own motion, on petition from a property owner or on recommendation of the planning commission, amend the regulations and districts established in this article. No change in regulations, restrictions or district boundaries shall become effective until after a public hearing held in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. The parties in interest and citizens shall be notified of the public hearing in the following manner:

(1)

At least 15 days notice of the date, time and place of such hearing shall be published in an official paper or paper of general circulation in the city;

(2)

In addition, 20 days notice of public hearing of any change in zoning shall be given by mailing written notice by the secretary of the planning commission to all owners of property within a 300-foot radius of the exterior boundary of the subject property, exclusive of streets and alleys not in excess of 300 feet in width. The notice shall contain:

a.

Legal description of the property and the street address or approximate location in the city or town;

b.

Present zoning and classification of the property and classification sought by the applicant; and

c.

Date, time and place of the public hearing;

(3)

In the alternative and in lieu of notice by mailing, notice may be given by posting notice of such hearing on the affected property at least 20 days before the date of hearing.

(Code 1985, § 12-395)

(a)

Every such proposed amendment in regulations and district boundaries shall be referred by the planning commission for report. If a protest against such amendment is presented, duly signed, and acknowledged by the owners of 20 percent or more of the land within such area proposed to be altered or by the owners of 20 percent or more of the area of the lots immediately abutting either side of the territory included in such proposed change or separated therefrom only by an alley or street, such amendment shall not be passed except by a favorable vote of three-fourths of the city council.

(b)

Whenever the owners of 51 percent of the land in any area shall present a petition duly signed and acknowledged by the city council requesting amendment of the regulations prescribed for such area, it is the duty of the city council to vote upon such amendment within 90 days of the filing of the amendment by the petitioners with the city clerk.

(c)

For each petition for amendment of these regulations, a fee as set by the council by motion or resolution shall be paid to the city clerk by the petitioner.

(d)

For each application for a use permitted on review, a fee as set by the council by motion or resolution shall be paid to the city clerk by the petitioner.

(Code 1985, § 12-396; Ord. No. 19-09, § 1, 8-5-19)

When a proposed amendment is denied by the city council, any new such amendment for the rezoning of property which has been denied shall not come before the planning commission again as part of a public hearing until a lapse of 180 days. In such instances where such a waiting period is not deemed desirable, the owner or owners of the property may, in writing, petition the planning commission 45 days before the desired date of the public hearing and request such public hearing to rezone the property. After hearing of petition by the owner, the planning commission may waive the required waiting period and establish date of public hearing.

(Code 1985, § 12-397)

(a)

All new additions and annexations of land to the city shall be in an R-1 residential zone unless otherwise classified by the city council for a period of time not to exceed one year from the effective date of the ordinance annexing the addition.

(b)

Within this one-year period of time, the city council shall instruct the planning commission to study and make recommendations concerning the use of land within the annexation to promote the general welfare and in accordance with the comprehensive city plan, and upon receipt of such recommendations, the city council shall, after public hearings as required by law, establish the district classification of the annexation; provided, however, that this shall not be construed as preventing the city council from holding public hearings prior to annexation and establishing the district classification at the time of the annexation.

(Code 1985, § 12-398)

There is created within and for the city a board of adjustment with the powers and duties as set forth in this subdivision.

(Code 1985, § 12-121)

State Law reference— Board of adjustment, 11 O.S. § 44-101 et seq.

(a)

The board of adjustment is composed of five members, citizens of the city, each appointed by the mayor with the approval of the council for a term of three years. However, for the first appointment under the provisions of this subdivision, one member shall be appointed for terms of one year; two members shall be appointed for terms of two years; and two members shall be appointed for terms of three years. All appointments thereafter shall be for a term of three years.

(b)

The board of adjustment shall elect a chairman from its membership to serve for a term of two years.

(Code 1985, § 12-122; Ord. No. 21-10, § 1, 5-17-2021)

Charter reference— Authority of council to appoint and remove members of the board of adjustment, § 2-4(5).

The board of adjustment shall adopt rules in accordance with the provisions of this division. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. The concurring vote of three members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any administrative official, to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.

(Code 1985, § 12-123; Ord. No. 20-33, § 1, 12-7-2020)

(a)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the building inspector. Such appeal shall be taken within 30 days from the date of the decision by filing with the officer from whom the appeal is taken and with the city clerk a notice of appeal specifying the grounds thereof, and by paying a filing fee as set by the council by motion or resolution at the office of the city clerk at the time the notice is filed. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application and notice to the officer from whom the appeal is taken and on the cause shown.

(b)

The board of adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties in interest, and decide the appeal within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(Code 1985, § 12-124)

(a)

The board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the interpretation or enforcement of the city's zoning regulations;

(2)

Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the original adoption of the city's zoning regulations, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of the city's zoning regulations would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, the board is empowered to authorize upon an appeal relating to such property a variation from such strict application so as to relieve such requirements relative to such property as would carry out the purpose and intent of the city's zoning regulations; and

(3)

Upon appeal, the board is hereby empowered to permit the following exceptions:

a.

To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of records;

b.

To interpret the provisions of the city's zoning regulations where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of the city's zoning regulations; and

c.

To grant exceptions to the off-street parking requirement set forth in division 4, subdivision II of this article, when it is determined that the size and shape of the lot to be built on is such that off-street parking provisions could not be complied with, and that the proposed use will not create undue traffic congestion in the adjacent streets.

(b)

In exercising the powers mentioned in subsection (a) of this section, the board may, in conformance with the provisions of the city's zoning regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer from whom the appeal is taken. In considering all appeals from rulings made under the city's zoning regulations, the board shall, in making its findings on any specific case, determine the effect of the proposed change upon the supply of light and air to adjacent property, the congestion in the public streets, the public safety from fire and other hazards, the established property values within the surrounding area and other factors relating to the public health, safety, comfort and general welfare of the people of the city. Every ruling made upon any appeal to the board shall be accompanied by a written finding of fact based upon the testimony received at the hearing afforded by the board and shall specify the reason for granting or denying the appeal.

(Code 1985, § 12-125)

(a)

An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons, jointly or severally, or any taxpayer, officer, department, board or bureau of the city to the district court by filing notice of appeal with the city clerk and with the board of adjustment within ten days from the filing of the decision of the board, which notice shall specify the grounds of such appeal. Upon the filing of the notice of appeal as provided in this subdivision, the board of adjustment shall forthwith transmit to the court clerk of the county the original or a certified copy of all papers constituting the record in the case, together with the order, decision or ruling of the board of adjustment.

(b)

An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from, unless the chairman of the board of adjustment, from which the appeal is taken, certifies to the court clerk, after the notice of appeal has been filed, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of these regulations, notice to the chairman of the board of adjustment from which the appeal is taken and upon due cause being shown, the court may reverse or affirm, wholly or partly, or modify the decision brought up for review.

(Code 1985, § 12-126)

State Law reference— Similar provisions, 11 O.S. § 45-101 et seq.

(a)

Requirements. The requirements in this section are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in division 3 of this article.

(b)

Open space to serve one building requirements. No open space or lot area for a building shall, during its life, be occupied by, or counted as open for, any other building or structure.

(c)

Projections into yard requirements. Open eaves, cornices, window sills and belt courses may project into any required yard a distance not to exceed two feet. Open porches may project into a front or rear yard a distance not to exceed five feet.

(d)

Fence and wall requirements. Fences, walls and hedges in residential districts and commercial may be permitted in any required yard or along the edge of any yard provided that no fence, wall or hedge located in front of the front building line shall exceed three feet in height, 42 inches if it can be seen through, and no other wall or fence shall exceed 6½ feet in height.

(e)

Street right-of-way width requirements. Where the dedicated street right-of-way is less than 50 feet, the depth of the front yard shall be measured at a starting point 25 feet from the centerline of the street easement.

(f)

Street access for dwellings requirements. No dwelling shall be erected on a lot which does not abut on at least one street for at least 35 feet and have a width of at least 50 feet at the building line. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. A garage apartment may be built to the rear of a main dwelling if all other provisions of these regulations are complied with.

(g)

Sight lines at intersections. The following requirements apply:

(1)

On any corner lot no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two feet and seven feet above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 30 feet along the front and side lot lines and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersection. These requirements shall apply for all zoning district classifications provided by this section;

(2)

No wall, fence, sign, structure or any plant growth will be placed within a public right-of-way in such a manner so as to create a traffic hazard or obstruct sight lines at elevations between two feet and seven feet above the crown of the adjacent roadway; and

(3)

Where a property line is located within ten feet of the edge of an adjacent roadway no wall, fence, sign, structure or any plant growth will be placed within ten feet of the edge of the adjacent roadway in such a manner so as to create a traffic hazard or obstruct sight lines at elevations between two feet and seven feet above the crown of the adjacent roadway.

(h)

Location of private garage requirements. An attached or detached private garage which faces on a street shall not be located closer than 25 feet to the street easement line.

(i)

Time for accessory building construction requirements. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used unless the main building on the lot is also being used.

(j)

Site planning requirements. Whenever one or more residential, institutional, commercial, or industrial buildings are proposed to be located in a cluster or grouping which has a different arrangement, orientation or other site planning variation from that of other buildings, structures or uses in the area or on adjacent properties, the architectural design, location, orientation, service and parking areas of such buildings shall be planned so as not to adversely affect the use of adjacent or other properties in the area, as determined by the planning commission.

(k)

Area requirements for dwellings which are not served by a sanitary sewer system. Sites for dwellings which are not served by a sanitary sewer system shall have lot areas which are not less than the land area required by the current rules and regulations governing residential sewage disposal as adopted by the state department of health. The director of community services will provide the current standards and regulations upon request.

(Code 1985, § 12-351)

The regulations set forth in this section qualify or supplement, as the case may be, the specific district regulations appearing in division 3 of this article.

(1)

In measuring heights, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four feet above the floor does not exceed two-thirds of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story;

(2)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit if approved in writing by the chairman of the airport commission and the design is certified by a professional engineer; and

(3)

Churches, wedding chapels, schools, hospitals, sanatoriums and other public and semipublic buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one foot for each two feet by which the height of such public or semipublic structure exceeds the pre-scribed height limit.

(Code 1985, § 12-352; Ord. No. 11-07, § 20, 5-2-2011)

Whenever a multiple-family dwelling or a group of multiple-family dwellings is designed with an inner or outer court, the following requirements shall be complied with:

(1)

The width of an outer court upon which windows open shall be not less than ten feet, or equal to height of the opposing wall, whichever is greater; and in no case shall an outer court be less than five feet in width or equal to 70 percent of the height of the opposing wall, whichever is greater;

(2)

The width of an inner court of a multiple-family dwelling shall be not less than two times the height of the lowest wall forming the court, but in no case shall it be less than 20 feet; and

(3)

An open unobstructed passageway shall be provided at the grade of each inner court. Such passageway shall be not less than 12 feet in height, and shall provide a straight and continuous passage from the inner court to a yard or open space having a direct connection with a street.

(Code 1985, § 12-353)

Commercial vehicles and trailers of all types, including travel, camping, hauling and mobile homes shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions:

(1)

Not more than one commercial vehicle, which does not exceed 1½ tons rated capacity, per family living on the premises shall be permitted and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquified petroleum products be permitted;

(2)

Not more than one recreational vehicle (R.V.), camping trailer or hauling trailer per family living on the premises shall be permitted and the trailer shall not exceed 24 feet in length or eight feet in width; and further provided that the trailer shall not be parked or stored for more than one week unless it is located behind the front yard building line. A camping or travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area within the incorporated limits except in a mobile home park authorized under the ordinances of the city; and

(3)

A mobile home shall be parked or stored only in a mobile/manufactured home park which is in conformity with the ordinances of the city.

(Code 1985, § 12-354)

These two types of child care facilities within the city shall comply with all standards and requirements as provided by the state child care facilities licensing act, and any amendments thereto:

(1)

Family day care home; and

(2)

Day care center.

(Code 1985, § 12-355)

Private swimming pools, hot tubs and spas may be constructed as an accessory use, but shall be completely enclosed by a permanent wall or fence not less than four feet in height, shall be served by self-closing pedestrian gates and shall meet the requirements of the city-county health department. A swimming pool shall not be constructed in front of the front building line and no portion of the pool, equipment, walkway or other facilities related thereto, shall be located closer than ten feet to the side or rear lot line.

(Code 1985, § 12-356)

Animals in any district shall be kept only in accordance with city ordinances.

(Code 1985, § 12-357)

The use of land or buildings for the commercial, wholesale or retail storage of liquified petroleum gases shall be in accordance with the ordinances of the city and the regulations of the liquefied petroleum gas administration of the state.

(Code 1985, § 12-358)

Mobile/manufactured home parks shall be constructed in accordance with the requirements of the ordinances of the city relating thereto.

(Code 1985, § 12-359)

The architectural design and materials used for the construction of accessory buildings and fences shall harmonize with the main building to which the building or fence is accessory.

(Code 1985, § 12-360)

The use of land or buildings shall be in accordance with the provisions of the flood damage prevention ordinance set out in article VII of this chapter.

(Code 1985, § 12-361)

It is the intent of these requirements that adequate parking and loading facilities be provided off the street for each use of land covered by these zoning regulations. Requirements are intended to be based on the demand created by each use. These requirements shall apply to all uses in all districts.

(Code 1985, § 12-370)

Due to the existence and proximity of the four downtown parking lots, located on Lots 7 through 16, Block 81; Lots 1 through 10, Block 92; Lots 23 through 32, Block 97; Lots 17 through 26, Block 98, all in the original townsite of the city, the following described area is exempt from the off-street automobile parking requirements of this article: Blocks 82, 83, 84, 90, 91, 92, 93, 96, 97, 98, 99, 100, 104, 105, 106 and 107, all in the original townsite of the city. The intent of this exception of the off-street parking requirements for the above described areas is to promote a cohesive and unified commercial and retail core for the city. The above described areas are within reasonable service distance to the existing four downtown parking lots.

(Code 1985, § 12-371)

Off-street parking or loading space shall be a part of the required open space associated with the permitted use and shall not be reduced or encroached upon in any manner. The area required for off-street parking shall be in addition to the yard areas required, except that the front yard required in a C-1 neighborhood commercial district or I-1 restricted light industrial district may be used for uncovered parking area and the front yard of a residential district may be used for the uncovered parking area for six or less vehicles associated with a residential use when the area is surfaced with a pavement adequate to prevent the occurrence of mud and dust with continued use, and may be used for uncovered area for more than six vehicles in accordance with the provisions of section 58-483.

(Code 1985, § 12-372)

The off-street parking lot shall be located within 200 feet, exclusive of street and alley widths, of the principal use and shall have direct access to a street or alley, except as otherwise provided in this subdivision.

(Code 1985, § 12-373)

Whenever two or more uses are located together in a common building, shopping center or other integrated building complex, the parking requirements may be complied with by providing a permanent common parking facility, cooperatively established and operated, which contains the requisite number of spaces for each use. The total number of spaces provided shall not be less than the sum of the individual requirements. Spaces provided for permanent residents of dwellings shall be clearly designated and separated from spaces provided for employees, customers and service.

(Code 1985, § 12-374)

The land upon which the off-street parking lot is located shall be owned by the same entity which owns the land on which the principal use is located.

(Code 1985, § 12-375)

(a)

Off-street parking and loading facilities shall be provided in all districts in accordance with the following parking schedule:

*SF—Square Feet, GFA—Gross Floor Area

*See Section 58-477 for exception to off-street parking requirements for downtown parking lots.

(b)

For all uses not covered in subsection (a) parking schedule, the community development director shall make a determination of the parking demand to be created by the proposed uses, and the amount of parking thus determined shall be the off-street parking requirement for the use.

(c)

Parking shall be reviewed for any new building and all additions or alterations that add either rooms or square footage to existing buildings and changes of use that increase the number of required parking spaces.

(d)

Upon written request, the community development director may approve a reduction in required parking, not to exceed 15 percent of the required number.

(Code 1985, § 12-376; Ord. No. 11-07, § 21, 5-2-2011; Ord. No. 24-12, § 1, 11-4-2024)

(a)

An applicant for a building permit must submit plans showing the off-street parking required by these regulations. These plans must show the location, arrangement and dimension of the off-street parking, turning spaces, drives, aisles and ingress and egress in a manner satisfactory for the safety and convenience of pedestrian, as well as vehicular traffic. The plans must also show landscaping materials and screening. A title block will accompany the plan showing: scale, date, north arrow, name and address of property owner and person drawing the parking and landscaping plan.

(b)

Each space shall be at least nine feet wide and 20 feet long.

(c)

Adequate access drives shall be provided for all parking spaces not abutting a public street or alley. Ingress and egress driveways shall be no wider than 25 feet, exclusive of curb returns.

(d)

Whenever off-street parking lots are established so as to abut the side or rear line of a residential lot, an opaque ornamental fence or wall not less than five feet high and not more than six and one-half feet high shall be constructed and maintained in good condition along the rear or side lot line up to, but not beyond, the abutting residential setback building line. The design and choice of materials of the required fence shall be approved by the planning commission.

(e)

Minimum surfacing, marking and drainage standards:

(1)

All residential approaches (from surfaced street line to property line) shall be six-inch-thick 3,000 PSI concrete with two inch thick sand base, three inches of Type C asphalt over six inches of Type A or B asphalt or equivalent approved by the city engineer or building official.

(2)

All residential off-street parking spaces and the access roads or driveways connecting the approach to the parking area shall be paved with a minimum of four inches of 3,000 PSI concrete or four inches of Type C asphalt.

(3)

All commercial approaches shall have a six-inch stabilized soil base covered by a two-inch layer of sand under six inches of 3,000 PSI concrete.

(4)

Commercial driveways, which will have heavy truck traffic, shall be paved with a six-inch stabilized soil base covered by a two-inch layer of sand under six inches of 3,000 PSI concrete. An alternative engineered design may be approved by the city engineer or building official.

(5)

All other commercial driveways and parking shall be five inches thick 3,000 PSI concrete, two inches of Type C asphalt over six inches of Type A or B asphalt or a designed equivalent approved by the city of engineer or building official.

(6)

In some instances, access driveways (beyond the first 100 feet) and parking areas may be of a lesser design standard or gravel. Approval for this lower standard may be granted by the city council based on a recommendation from the city engineer or building official, if all drainage from the approved areas will not be onto public right-of-way and will not adversely affect adjoining property owners.

(7)

In such cases where a proposed driveway accesses a numbered county road, a lesser design, including gravel, may be approved by the city manager based upon a recommendation from the city engineer or building official. Such approval shall only be granted when the area sought for a lesser standard does not drain onto public right-of-way and will not adversely affect adjoining properties.

(8)

Drainage shall be provided to prevent the ponding of water and to dispose of all surface water, if possible, without crossing sidewalks and so as not to create new drainage problems for adjoining properties.

(f)

No parking shall be permitted within a front yard setback line established ten feet back of the property line of interior and corner lots wherever the parking lot is located in a residential district or immediately abuts the front yard of a residential unit. In all other cases no setback shall be required; provided, however, that on any corner lot formed by two intersecting streets, no parking shall be permitted, and no wall, fence, sign, structure or plant growth having a height in excess of two feet above the elevation of the crown of the adjacent roadway surface shall be maintained in a triangle formed by measuring a distance of 30 feet along the front and side lot lines, from their point of intersection and connecting the points so established to form a triangle on the area of the lot adjacent to the street intersection.

(g)

Lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.

(h)

No signs of any kind shall be erected except information signs used to guide traffic and to state the conditions and terms of the use of the lot. Only one intermittent incandescent lighting of signs shall be permitted.

(i)

Except for parking areas provided for single-family and two-family units, suitable barriers or curbs shall be provided to protect public sidewalks. Wheel or bumper guards shall be located so that no part of any vehicle shall extend beyond the parking area, intrude on pedestrian ways or come in contact with walls, fences or plantings.

(Code 1985, § 12-377; Ord. No. 13-13, § 1, 8-5-2013)

The following terms are defined as set forth for use in this Article:

Commercial grower (commercial marijuana growing) means an entity that is licensed by the Oklahoma State Department of Health pursuant to Title 63 O.S. § 422A, which allows the entity to grow, harvest, and package medical marijuana for the purpose of selling medical marijuana to a dispensary, processor or researcher.

Marijuana processor (marijuana processing) is defined as an entity that is licensed by the Oklahoma State Department of Health pursuant to Title 63 O.S. § 423A which allows the entity to purchase marijuana from a commercial grower; prepare, manufacture, package, sell to and deliver medical marijuana products to a dispensary licensee or other processor licensee; and may process marijuana received from a qualified patient into a medical marijuana concentrate, for a fee.

Medical marijuana dispensary (marijuana dispensing) means an entity that is licensed by the Oklahoma State Department of Health pursuant to Title 63 O.S. § 421A which allows the entity to purchase medical marijuana from a commercial grower or processor and sell medical marijuana only to qualified patients and caregivers.

(Ord. No. 18-17, § 1, 12-3-2018)

Commercial medical marijuana growing is a permitted use only in the following zoning districts:

(1)

A-1 general agricultural district.

(2)

A-2 suburban district.

(3)

I-2 light industrial district as a use permitted on review.

(4)

I-3 heavy industrial district.

(Ord. No. 18-17, § 1, 12-3-2018)

Commercial medical marijuana processing is a permitted use only in the following zoning district:

(1)

I-2 light industrial district as a use permitted on review.

(2)

I-3 heavy industrial district.

(Ord. No. 18-17, § 1, 12-3-2018)

Medical marijuana dispensary is a permitted use only in the following zoning district:

(1)

C-2 general commercial district.

(Ord. No. 18-17, § 1, 12-3-2018)