This ordinance shall be known as the "Unified Development Code" or "UDC" of the City of Ardmore, Carter County, Oklahoma, and shall consist of this text as well as the Official Zoning Map on file in the office of the City Clerk.

This UDC is adopted in accordance with the authority granted the City under Ok. Rev. Statutes Title 11, Chapter 1, Articles 41 through 45, relating generally to Building and Zoning, and including, without limitation, provisions for platting, the regulation of subdivisions, planning, zoning, variances and appeals, regulation of planned unit developments, site plan review, historic preservation, and the creation of planning commissions and boards of adjustment. It is the intent of the City Commission in adopting this Code to exercise as fully as possible the authority granted by all of the separate sections of all of those articles and to do so in a comprehensive, integrated and cohesive code.

This UDC classifies and regulates the use of land, buildings and structures within the city limits of the City of Ardmore. The regulations contained here are necessary to promote the health, safety, convenience and welfare of the City's inhabitants by dividing the city into districts 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 land by buildings, the size of yards and open space, density of population and location of buildings.

In addition to the purposes set out above, Ardmore hereby establishes a "Right-to-Farm and Ranch" policy. See also Sec. 1007.

1.

Any agricultural operation or practice that is historical, traditional, legitimate and reasonable shall be protected. Any new or expanded agricultural operation or practice that is legitimate and reasonable shall be encouraged.

2.

Agriculture, as a way of life, benefits all residents of Ardmore. It is an important part of the economy and adds intrinsic value to life in Ardmore. Agriculture, as a business, brings with it noise, odors, dust, mud, smoke and other inconveniences such as weed burning, equipment and livestock on public roads, odors from manure and feeds, odors from chemical applications, lights and noises at all hours of the day and night, and on-farm processing and marketing of crops and livestock. To maintain this way of life, Ardmore intends to protect agricultural operators from unnecessary, intrusive litigation. Therefore, no inconvenience shall be considered a nuisance as long as it occurs as a part of non-negligent and legal agricultural practice.

Except as provided in this UDC, 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 this UDC relating to any or all districts.

The regulations of this UDC apply to all land within the corporate limits of the City of Ardmore.

In the interpretation and application of this UDC, all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the governing body; and

3.

Deemed neither to limit nor repeal any other powers granted under state statutes.

The effective date of this UDC shall be August 1, 1998.

A.

Conflict with State or Federal Regulations. If the provisions of this UDC are inconsistent with those of the state or federal government, the more restrictive provision shall control, to the extent permitted by law.

B.

Conflict with Other City Regulations. If the provisions of this UDC are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision shall control.

C.

Conflict with Private Restrictions. It is not the intent of this UDC to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this UDC impose a greater restriction than imposed by a private agreement, the provisions of this UDC shall control. Where the provisions of a private agreement impose a greater restriction than this UDC, the provisions of the private agreement shall control.

A.

Violations Continue. Any violation of the previous zoning or subdivision regulations of the City shall continue to be a violation under this UDC and be subject to penalties and enforcement under Chapter 10, unless the use, construction or activity complies with the provisions of this UDC.

B.

Nonconformities Under Previous Code. Any nonconformity under the previous zoning regulations of the City will also be a legal nonconformity under this UDC, as long as the situation that resulted in the nonconforming status under the previous regulations continues to exist. If, however, a nonconforming situation under the previous regulations becomes conforming because of the adoption of this UDC, or any subsequent amendment to it, then the situation will no longer be a nonconformity.

C.

Permit Issued Before Effective Date.

1.

Any building or development for which a permit was issued before the effective date of this UDC may be completed in conformance with the issued permit and other applicable permits and conditions, even if such building or development does not fully comply with provisions of this UDC.

2.

If construction is not commenced or completed according to the applicable permit terms, the City Commission may, for good cause shown, grant an extension of up to 6 months for such construction. If the building is not completed within the time allowed under the original permit or any extension granted, then the building may be constructed, completed or occupied only in compliance with this UDC.

D.

Plat Approved Before Effective Date.

1.

Any lot shown on a subdivision plat approved by the City of Ardmore under any prior subdivision ordinance shall be deemed to be fully conforming with this UDC as to lot area and access.

2.

Any site other than a lot described under paragraph 1 above that meets both of the following criteria shall be deemed fully conforming with this UDC as to lot area and access:

a.

The site consists of all or part of one or more lots shown on a subdivision plat approved by the City of Ardmore under any prior subdivision ordinance; and

b.

The site conformed with the zoning ordinance at the time that it was created, or it conforms with the requirements of this UDC.

3.

Any subdivision for which a preliminary or final plat was approved before the effective date of this UDC may be completed according to the approved plat and other applicable permits and conditions, even if the subdivision does not fully comply with the provisions of this land development code.

4.

If the subdivision is not completed within the time requirements established by prior code or within any schedule included in the approval of the plat, the City Commission may grant one extension of time for the completion of the subdivision. If the subdivision is not completed within the time required under the original approval or any extension granted, then the subdivision may be completed only in compliance with this UDC.

E.

PUD Approved Before Effective Date. Any PUD for which a final plat has been approved by the City Commission is considered legal, and shall continue to be governed by the specific ordinance and site plan previously adopted by the Planning Commission and City Commission. Any amendments, revisions or changes to previously adopted PUD's shall comply with provisions of this UDC.

F.

Previous Approval Under (C-7) Designation. Development approved subject to the C-7, Conditional Commercial designation prior to the effective date of this UDC shall be converted to conditional use designation. Any special restrictions shall continue in full force and effect as adopted as conditions. Further amendments or modifications shall follow the procedures of Sec. 314.

G.

Zoning District Conversion. The zoning district names in effect before the effective date of this UDC are converted as follows:

*See Sec. 110.H. below.

H.

Rural Agricultural (A-1) District.

1.

New Districts. Within 12 months of the effective date of this UDC, the City Commission shall determine the appropriate new agricultural district for all lands mapped as part of the previous "Rural Agricultural" (A-1) District, and amend the Official Zoning Map in accordance with the procedures in Sec. 319 to reflect the boundaries of the new districts.

2.

Existing Rural Agricultural (A-1) District Retained. Until such time as the City Commission amends the Official Zoning Map to reflect the new agricultural districts (AG and RR), all lands within the Rural Agricultural (A-1) District as of the effective date of this UDC shall require a minimum lot size of 5 acres in place of the standards in Sec. 601 of this UDC. All other provisions of this UDC shall apply.

(Ord. No. 2723, 8-19-02; Ord. No. 2757, 12-15-03; Ord. No. 2782, 4-4-05)

In case any portion of this UDC shall be held to be invalid or unconstitutional, the remainder of the UDC shall not thereby be invalid, but shall remain in full force and effect.