For the purpose of this UDC, the City of Ardmore is hereby divided into the following zoning districts:

(Ord. No. 2723, 8-19-02)

The boundaries of the zoning districts established by this UDC are shown on a map or series of maps designated the "Official Zoning Map, " which is part of this UDC as fully as if it were set out in this Chapter in detail. Original copies of the Official Zoning Map are maintained in the office of the City Clerk.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the Official Zoning Map accompanying and made a part of this UDC, the following rules shall apply:

1.

In cases where a boundary line is given a position adjoining, coincident with, or within a street or alley or non-navigable stream, it shall be deemed to be in the center of the street, alley or stream, and if the actual location of such street, alley or stream varies slightly from the location as shown on the district map, then the actual location shall control.

2.

In cases where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.

3.

In cases where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way and distances measured from a railroad shall be measured from the center of the designated mainline track.

4.

Where the district boundary lines are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be considered to be the lot lines, and where the districts designated on the Official Zoning Map are bounded approximately by lot lines, said lot lines shall be considered to be the boundary of such districts unless said boundaries are otherwise indicated on the map or by ordinance.

5.

In unsubdivided property, unless otherwise indicated, the district boundary line on the Official Zoning Map shall be determined by the use of the scale contained on such map.

6.

Boundary lines indicated as approximately following City Limits shall be considered to follow the City Limits.

7.

All water areas within the City Limits are considered to be within a zoning district and controlled by applicable district regulations. District boundary lines over water areas are located by noted and scaled dimensions, by relation to physical features, by coincidence with the City Limit line, or by a straight line projection of the centerlines of streets as indicated on the district maps. Straight line district boundaries over water areas shall be assumed to continue as straight line until they intersect with each other or with the City Limit line.

8.

Boundary lines indicated as following shorelines shall be considered to follow such shorelines, and in the event of change in the shoreline, shall be considered as moving with the actual shoreline.

9.

Where existing physical or natural features contradict those shown on the Official Zoning Map, or in case any other uncertainty exists, the location of district boundaries shall be determined by the Planning Director in accordance with the provisions in Sec. 303.

All new additions and annexations of land to the City of Ardmore shall be zoned AG, Agricultural District unless otherwise classified by the City Commission at the time of annexation. Rezoning of annexed lands shall follow the procedures and requirements for rezoning of all other lands within the City as set forth in Sec. 319.

This district is intended to provide an area primarily for agricultural uses or the extraction of the various products such as oil, minerals, rock and gravel from the earth on parcels 20 acres or more in size. It is the purpose of this district to protect such uses from urban development so long as the land in the district is devoted primarily to agriculture or extraction of minerals. This district is intended to preserve the rural, agricultural nature of the area, while providing for low-density development that will require minimal public improvements and services. Residential tracts are permitted, but public sewer and fire protection may not be provided although public water may be available. Water wells may be permitted subject to review by the State Department of Environmental Quality (DEQ) and the City Public Works Department. Sewage lagoons shall not be considered an acceptable form of sewage disposal within the City limits.

(Ord. No. 2723, 8-19-02)

Regulations for the residential districts are designed to protect the residential character of areas so designated from the noise, congestion and heavy traffic of commercial and industrial activities. The regulations are also designed to encourage a suitable environment for family life by providing for openness of living areas and permitted appropriate neighborhood facilities and compatible community facilities. Sewage lagoons shall not be considered an acceptable form of sewage disposal within the City limits.

A.

RR, Rural Residential District. This district is intended to provide for land situated on the fringe of the urban area that is undergoing urbanization in acreage tracts or that is being platted into rural residential developments with lot sizes of 5 acres or more. It is not intended that this district provide a location for a lower standard of residential development than is authorized in other districts. The types of uses, required areas, and the intensity of use of land permitted in this district are designed to provide for both rural character and very low density residential development. Residential tracts are permitted, but public sewer is not provided, although public water may be available, and some form of fire protection shall be required.

B.

RS-40, Suburban Residential District. This district is intended to provide for residential development at lot sizes of 1 acre or more. Since land in this district may contain residences in close proximity to agricultural activities, agricultural activities conducted in this district should not be detrimental to urban land uses. The district is designed to provide quiet, low density areas for single family living with related recreational, religious and educational facilities protected from all commercial and industrial activity.

C.

RS-9, Single Family Detached District. The RS-9 District is designed to provide quiet, low density areas for single family living in detached units with related recreational, religious and educational facilities protected from all commercial and industrial activity.

D.

RS-6, Single Family Detached/Attached District. The RS-6 District is designed to provide quiet, slightly higher density areas for single-family living in detached and attached single family units on separate lots, and related recreational, religious and educational facilities protected from all commercial and industrial activity.

E.

RMM, Multifamily Medium Density District. The RMM District provides a moderate density area, containing a mixture of duplex, townhouse and other medium density multifamily dwellings along with limited private and public community uses and proximity to schools, churches and shopping.

F.

RMH, Multifamily High Density District. The RMH District provides a higher density area containing a mixture of townhouse, apartment and other higher density multifamily dwellings along with limited private and public community uses and proximity to schools, churches and shopping.

(Ord. No. 2641, 3-20-00; Ord. No. 2723, 8-19-02)

This district is for the conduct of general and professional offices of limited size, and related activities to meet the needs of the community. It is intended that this district be located so as not to introduce traffic onto solely residential streets or become an intrusion into a residential district, but to serve as a buffer between residential and more intensive commercial activities; i.e., traffic arteries and commercial uses.

(Ord. No. 2723, 8-19-02)

A.

CN, Neighborhood Commercial District. This district is intended for retail and personal services, of limited size and service area, that provide for the regular needs and convenience of those residing in the adjacent residential neighborhoods. It is intended that neighborhood commercial uses be developed as a unit with adequate off-street parking space for customers and employees and with appropriate landscaping and screening, particularly when adjacent to a residential district.

B.

CC, Commercial Corridor District. This district is established for major retail and service activities removed from the central business district, with major thoroughfare access and with adequate open space and parking. This district is intended to serve the entire community.

C.

CD, Downtown Commercial District. The (CD) zoning designation may only be applied to the older core business area of the City and surrounding blocks that contain apartments, public and semi-public uses and small businesses. Within the (CD) district is the historic downtown shopping area which is now listed on the National Register of Historic Places. The (HP) Historic Preservation overlay zoning district has been applied to that area, commonly referred to as the Central Business District (CBD). While apartment buildings are allowed in the (CD) district, in the (CBD)/(HP) overlay zone only upper level apartments are allowed, and then upon Conditional Use Permit approval. Within the (CBD), the storage of goods shall be restricted to the rear half of a street level occupancy.

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

Regulations for the industrial districts are designed to make available a range of suitable sites for all types of manufacturing and related activities while protecting residential areas by separating them from manufacturing activities and by prohibiting the use of industrial space for new residential development.

A.

IL, Light Industrial District. The purpose of the IL District is to provide a location for industries that do not, by their nature, create nuisances. The intent is to preserve this land for industry in a location beneficial to industries and to prohibit nonindustrial uses. Due to the traffic generated and other potentially objectionable influences created in this district, special buffer or setback area may be required.

B.

IH, Heavy Industrial District. The purpose of the IH District is to provide a location for industries that may, by their nature, create nuisances. The intent is to preserve land for such industry in locations with access to arterial streets as designated on the thoroughfare plan, as well as locations generally accessible to railroad transportation. Due to the objectionable impacts that may be created in this district, special buffer or setback areas will be required.

(Ord. No. 2723, 8-19-02)

This district is intended to provide for the development of public and quasi-public uses, including, but not limited to government buildings, institutional uses, public parks, open spaces and airports. The district is also intended to protect such uses from encroachment by incompatible uses, and to mitigate any adverse effects of such public facilities and institutions on adjacent land uses.

When properties carrying a (PFI) zoning designation are to be rezoned for non-public use it shall require that the proposed use(s) be by conditional use permit approval; the applications shall be processed at the same time. Any subsequent proposed use shall require review and approval by the City Commission.

(Ord. No. 2723, 8-19-02; Ord. No. 2758, 1-20-04)

A.

Purpose and Intent. The MHP, Mobile Home Park district is intended to accommodate mobile home park developments. In addition to mobile homes on individual ten-acre sites in the (AG) Agricultural District, mobile home parks shall have a minimum site area of five (5) acres and may include management offices, repair shops, storage areas, sanitary facilities, laundry facilities, indoor recreation areas, service and recreational buildings and commercial uses supplying essential goods or services for the exclusive use of park occupants. All such uses shall be considered accessory uses, and shall be constructed to meet all applicable requirements of the Building Code. Sewage lagoons shall not be considered an acceptable form of sewage disposal within the City limits.

Mobile home parks shall be permitted as follows, subject to development standards and conditional use permit.

A mobile home park is for nontransient use. All such parks shall be on a platted site and have a design approved by the City of Ardmore.

It shall be unlawful for any person to maintain or operate any mobile home park within the limits of the City of Ardmore unless he holds a valid license issued annually by the City Clerk of the City of Ardmore. A license will be issued by the City Clerk after notification by the Building Official that minimum requirements have been complied with and that said mobile home park is permitted by the U.D.C.

B.

Development Standards. Mobile home parks shall meet all of the following development standards:

1.

Site Area. A mobile home park must have a minimum site area of five (5) acres. Any addition to an existing mobile home park shall be sufficient to provide for a total site area of at least five (5) acres.

2.

Number of Spaces. A mobile home park must have at least twenty (20) mobile home spaces ready for occupancy before the first space is occupied.

3.

Minimum Space Size. Each mobile home space within the park must have a minimum area of four thousand (4,000) square feet, with a minimum width of forty (40) feet. A maximum of one (1) mobile home dwelling may be placed on a mobile home space.

4.

Building Coverage. No more than thirty-five (35) per cent of a mobile home space may be covered by buildings and structures.

5.

Setbacks. Mobile homes must be set back at least twenty (20) feet from all public streets and park boundaries. Mobile homes shall be set back from any interior park street at least ten (10) feet.

6.

Separation. Mobile homes shall be separated from other mobile homes or other principal structures by at least twenty (20) feet. Mobile homes shall be separated from any other structure at least five (5) feet.

7.

Anchoring. At a minimum, anchors and tie-downs shall be placed at each comer of the mobile home stand to meet the state requirements and shall secure the superstructure against uplift, heaving, sliding, rotation, frost action, overturning, inadequate drainage and vibration.

8.

Streets. Each mobile home space must abut and have access to a paved street or other accessway, with a minimum width of twenty-six (26) feet. Pavement must be constructed in accordance with the specifications of the City Engineer.

9.

Parking. A minimum of two (2) parking spaces shall be provided per mobile home site. Size and paving of each space shall conform to the standards of Sec. 708.

10.

Drainage. All drainage structures must be designed and installed in accordance with applicable drainage standards of the City.

11.

Electrical Service. All mobile home parks or subdivisions must be provided with underground electrical service facilities. No overhead facilities are allowed.

12.

Telephone Service. All mobile home parks or subdivisions must be provided with underground telephone service facilities. No overhead distribution systems are allowed.

13.

Fuel Distribution. Fuel shall be distributed to mobile home units by an underground piping system. If not available, cooking gas cylinders are allowed up to 100-pound class. No outside fuel storage tanks will be permitted except for such storage units as are required for the operation of the distribution system.

14.

Sewage Disposal. All mobile home parks and mobile home sites shall connect into existing public sanitary sewer facilities.

(Ord. No. 2723, 8-19-02; Ord. No. 2855, 6-18-07; Ord. No. 2905, 9-20-10)

Editor's note— Ord. No. 2905, adopted Sept. 20, 2010, amended App. C, § 411 title to read as herein set out. Former App. C, § 411 title pertained to MHP, mobile home/travel trailer/RV park district.

A.

Purpose. The Planned Unit Development District (PUD) is intended to implement the Comprehensive Plan's objective of having "Mixed Use Development" in areas located along major traffic routes where large tracts of land exist. The Future Land Use Plan identifies "Mixed Use" areas. Planned developments can integrate various residential, commercial or industrial uses while ensuring substantial compliance with the Comprehensive Plan's Goals and Objectives and the UDC regulations.

The PUD District regulations are designed to provide for small and large scale developments incorporating a single type or a variety of residential, commercial, industrial and related uses which are planned and developed as a unit. Private or public common land and open space is an essential element of the development that is related to and affects the long term value of the development. A planned unit development shall be a separate entity with a distinct character that respects and harmonizes with surrounding development.

B.

Permitted Uses. In order to increase creativity and flexibility in the development of areas suitable for a planned unit development, there are no specifically prescribed uses which are permitted within the boundaries of a PUD. The developer shall be responsible for preparation of a list of permitted uses within the specific PUD requested. The development of the list of uses shall take into account the nature and purpose of the PUD area, and such uses and locations shall be appropriate in order to protect and be in harmony with surrounding development.

A specific written list of uses to be "permitted by right" shall be submitted for review and approval by the Planning Commission and City Commission. Following approval by the Planning Commission and City Commission, the list of specific uses permitted by right shall serve as the control list in issuance of building permits and certificates of occupancy.

Any changes in the PUD, including changes in the list of permissible uses, must be made under the procedures that are applicable to the initial approval of a PUD project.

C.

Ownership Control. The approved PUD District and final development plan shall be binding on all subsequent owners of the land until revised or rezoned.

D.

Minimum District Area. Eligible properties must be 2 acres or larger in size.

1.

The residential density of all Planned Unit Developments (PUD) shall conform to density guidelines of the underlying zoning district of the property.

E.

Parking and Off-Street Loading. All uses established within a PUD shall comply with the off-street parking, loading, and related landscaping provisions contained in Sec. 708. However, the requirements for individual structures or lots may be met through either provision of adequate parking on the lot on which a structure is so located, or upon adjacent property that is under the control of a property owner or association to which said lot is an automatic participant. In no case, however, shall the cumulative requirements for all parking and off-street loading requirements be less than if said uses were individually established and located in any other zoning district within the City.

F.

Street and Infrastructure Requirements. All streets, utilities, and other infrastructure requirements shall be built to current City standards, or the developer shall have the burden of showing that any variance from those standards will be both a benefit to the neighborhood and to the general public.

G.

Perimeter Requirements. In order to assure compatibility with surrounding development, the developer shall submit specific information as to the setbacks, building height, lot coverage factors and other elements necessary for all perimeter lots that are adjacent to the boundary of the PUD District, or adjacent to any boundary or perimeter street right-of-way. While no specific setback requirements are herein established, the Planning Commission shall consider the nature, extent and character of the adjacent development and shall take into consideration the types of area regulations applicable to those adjacent properties.

H.

Open Space and Landscaping Requirements. Common or private open space constitutes an essential ingredient in a PUD and is one of the most basic and important design elements. Open space should be distributed more or less equitably throughout the PUD district in relationship to the dwelling units and other use areas that are intended to be served by the common or private open space. Adequate guarantees must be provided that the common or private open space areas are preserved and maintained for those purposes only. A property owners' association shall be required if other arrangements satisfactory to the City have not been made for improving, operating and maintaining all such common or private open space areas, and other communally owned facilities. Open space shall be evaluated utilizing the following general guidelines:

1.

A minimum of 20 per cent of the gross acreage of any residential PUD shall be designated as common or private open space;

2.

No more than one-half of the common or private open space may be covered by water;

3.

Recreation facilities or structures and their accessory uses located in common areas shall be considered as usable open space as long as the total impervious surfaces such as paving and roofs constitute no more than 10 per cent of the total open space; and

4.

A minimum of 10 per cent of the gross area of the nonresidential components of any PUD's open space shall be designated as landscaped open space. Streets and parking shall not be considered as open space.

I.

Landscaping for Nonresidential and Multifamily Sites. Landscaping shall be required as part of each PUD, and shall be completed prior to the issuance of any certificate of occupancy or final building inspection or within 180 days of that date with the approval of the Planning Director and satisfactory assurance that the landscaping will be completed unless seasonal weather conditions require additional time for planting.

1.

A minimum of 10 per cent of the gross lot area shall be landscaped. One-half of the minimum shall be located in the front yard. Required landscape area shall not include driveways, rights-of-way or easements for streets or alleys. Fences and walls may be located in the required landscape area.

2.

A required landscape area shall be provided 10 feet in depth adjacent to all street rights-of-way, which area shall not include driveways or rights-of-way or easements for streets or alleys.

a.

The required landscape area shall include a minimum of 1 tree for every 1,000 square feet of required setback area.

b.

A minimum of 25 per cent of the required trees in landscape areas shall be evergreen.

c.

Required deciduous trees shall be a minimum of 3-inch caliper, and evergreens shall be a minimum of 6 feet high.

d.

No parking may take place within any required landscape area except for emergency vehicle access.

3.

In addition to the landscaping requirement of 10 per cent of the gross lot area, all parking areas for visitors and/or customers with 20 or more spaces shall devote 3 per cent of the interior parking lot area to landscaping.

a.

Required interior parking lot landscape islands shall include a minimum of 1 tree for every 12 parking spaces.

b.

Required deciduous trees shall be a minimum of 3-inch caliper, and evergreens shall be a minimum of 6 feet high.

4.

Landscape areas shall be irrigated by one of the following methods:

a.

An underground sprinkler system.

b.

Hose attachment within 150 feet of all landscaping.

c.

Directed drainage across landscape area, provided that the same is designed so as to not result in erosion.

J.

Landscaping for Single Family and Duplex Sites. Two trees shall be provided on all single family residential lots in PUD's. Duplex lots in PUD's shall require 1 tree per unit. The required trees may be deciduous or evergreen, in accordance with Ardmore Tree Board guidelines. Deciduous trees shall be a minimum of 2-inch caliper, and evergreens shall be a minimum of 4 feet high.

K.

Property Owners Associations. The developer shall create a legal entity appropriate to undertake and be responsible for the ownership, operation, construction and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, buildings, lighting, security measures, and similar common elements in a PUD. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreational areas, and communally owned facilities shall be approved by the City Attorney as to legal form and affect, and by the City Commission as to the suitability of the proposed use of the open areas.

(Ord. No. 2723, 8-19-02; Ord. No. 2943, § I, 4-21-14)

A.

Purpose and Intent. It is the intent of I-35 Overlay District to stipulate certain rules, regulations and criteria to insure visually appealing quality development along the Interstate 35 corridor through the City to attract future residents, business and industry. The regulations of the underlying district or districts remain applicable, except as specifically modified by this overlay district. The I-35 Sign Overlay District is intended to complement the I-35 property development regulations by regulating off-site freestanding signs.

1.

Adult oriented establishments as defined in Sec. 1104 of the UDC shall not be located within the I-35 Interstate Highway Overlay District as described below.

B.

District Boundaries.

1.

The I-35 Overlay District applies to site development except off-site signs, and shall include all properties located within 150 feet of either side of the I-35 right-of-way. If a portion of the lot lies within these district boundaries, the entire lot and all improvements thereon must comply with the provisions of this section.

2.

The I-35 Sign Overlay District has different boundaries than the I-35 (Development) Overlay District, as follows:

a.

All property located within 700 feet of the center line of the interstate highway in commercial and industrial districts, and

b.

All commercial and industrial properties within 300 feet of the centerline of the following four roadways intersecting I-35:

(i)

Along U.S. Highway 70, a distance of 1,500 feet east and west of I-35;

(ii)

Along West Broadway, a distance of 2,500 feet east and west of I-35;

(iii)

Along NW 12th Avenue, a distance of 2,000 feet east and west of I-35; and

(iv)

Along U.S. Highway 142, a distance of 2,000 feet east and west of I-35.

C.

Nonresidential Development Standards.

1.

Setbacks. No structure of any kind or part thereof shall be placed within the following setbacks from property lines:

2.

Screening. Where a side or rear yard is adjacent to a residential district, the Residential Protection Standards of Sec. 705 shall apply.

3.

Exterior Walls.

a.

No more than 2 basic materials, in addition to glass, may be used on any single building. Metal panels may be authorized as an exterior building material, upon approval as a part of the development plan approval process, when such materials are determined to be of high quality.

b.

The dominant exterior wall material shall be used on all parking structures and accessory buildings to the same or greater extent than it is used on the principal building to which the structure is an accessory. Openings in each side of a parking structure facade may not exceed 52 per cent of the total facade area of that side.

c.

Each structure located on a site abutting the I-35 right-of-way and visible from I-35 shall have quality-finished exterior wall materials on all sides of the building. The front facade of the building may be of higher quality materials than that of other sides of the building, subject to paragraph a., above.

4.

Windows. Highly reflective glass may be used as an exterior building material except in those instances in which the reflection constitutes a safety hazard.

5.

Emergency Exits. Exterior emergency stairs shall be enclosed.

6.

Loading Docks. Loading docks and loading areas shall not be located within any required setback or landscape area.

7.

Parking Areas. Parking areas shall comply with Sec. 708.

8.

Outdoor Storage and Display of Merchandise. No outdoor storage or display of merchandise visible from the interstate or its major access roads shall be permitted in this Overlay District. Any outdoor storage or display areas shall be screened by a solid wall or fence at least 6 feet high located to prevent visibility of the area from the interstate and its major access roads. Such fence or wall shall not be used for advertising purposes.

9.

General Provisions. All buildings shall comply with all other provisions of this UDC, the building code and related construction codes of the City not specifically addressed in this section.

10.

Fences. Properties abutting I-35 may have a fence along the I-35 right-of-way line that is taller than 8 feet. The fence design and materials to be utilized along adjacent properties shall be complimentary. Such fences shall have an engineered foundation to meet the current building code standard for wind load. Fence height shall be in relation to the surrounding level of ground within a 25 foot radius of the fence's location.

D.

Landscaping for Nonresidential and Multifamily Sites. Landscaping shall be required as part of each site plan, and shall be completed prior to the issuance of any certificate of occupancy or final building inspection or within 180 days of that date with the approval of the Planning Director and satisfactory assurance that the landscaping will be completed unless seasonal weather conditions require additional time for planting.

1.

A minimum of 10 per cent of the gross lot area shall be landscaped. One-half of the minimum shall be located in the front yard. Required landscape area shall not include driveways, rights-of-way or easements for streets or alleys. Fences and walls may be located in the required landscape area.

2.

A required landscape area shall be provided 35 feet in depth adjacent to the right-of-way of Interstate 35 and 10 feet in depth adjacent to all other street rights-of-way, which area shall not include driveways or rights-of-way or easements for streets or alleys.

a.

As an exception to the prohibition of vehicular traffic in landscaped areas, a fire lane for emergency vehicle access may be authorized so long as the landscape area required by this section is located between such fire lane and the I-35 right-of-way line.

b.

The required landscape area shall include a minimum of 1 tree for every 1,500 square feet of required setback area.

c.

A minimum of 25 per cent of the required trees in landscape areas shall be evergreen.

d.

Required deciduous trees shall be a minimum of 3-inch caliper, and evergreens shall be a minimum of 6 feet high.

e.

No parking may take place within any required landscape area except for emergency vehicle access.

f.

These landscape area provisions shall not apply where visual access from I-35 does not exist by reason of natural barriers.

3.

In addition to the landscaping requirement of 10 per cent of the gross lot area, all parking areas for visitors and/or customers with 20 or more spaces shall devote 3 per cent of the interior parking lot area to landscaping.

a.

Required interior parking lot landscape islands shall include a minimum of 1 tree for every 12 parking spaces.

b.

Required deciduous trees shall be a minimum of 3-inch caliper, and evergreens shall be a minimum of 6 feet high.

4.

All landscape areas shall be irrigated by one of the following methods:

a.

An underground sprinkler system.

b.

Hose attachment within 150 feet of all landscaping shall be sufficient.

c.

Directed drainage across landscape area, provided that the same is designed so as to not result in erosion.

E.

Landscaping for Single Family and Duplex Sites. Two trees shall be provided on all single family residential lots. Duplex lots shall require 1 tree per unit. The required trees may be deciduous or evergreen. Deciduous trees shall be a minimum of 1½-inch caliper, and evergreens shall be a minimum of 4 feet high.

F.

Screening of Site Features.

1.

Screening Defined. For the purpose of this section, screening shall consist of one or a combination of the following:

a.

Walls or fences which are architecturally and aesthetically compatible with the exterior of the principal building.

b.

Landscaped earthen berms.

c.

Densely spaced evergreen plantings maintained in good condition.

2.

Outdoor Storage Areas. Outdoor storage of merchandise, equipment or materials (excluding vehicle and boat sales) that is essential or incidental to the use and is not on temporary display for the purpose of being immediately available for sale to the public (where permitted by this UDC) and all outdoor storage in loading dock areas shall be reasonably screened from I-35.

3.

Refuse Areas. Refuse storage containers shall be screened from view from all streets, including I-35, and from the view of adjacent private properties. Where such containers are partially screened by reason of compliance with other sections of UDC, the remaining unscreened sides shall be screened. An opening shall be provided for access by refuse collectors; provided, however, that the container is not visible from any street, including I-35, or private property.

4.

Ground-Mounted Utility Equipment. All ground-mounted utility equipment, including pad-mounted transformers, telephone switch boxes and gas meters, shall be reasonably screened from the view of I-35. Such screening shall be designed so as not to interfere with the safe operation and maintenance of the equipment.

5.

Wall-Mounted Utility Equipment. Wall-mounted utility equipment, including various meters (such as electric meters), visible from I-35 shall be screened or painted a color compatible with the exterior wall.

6.

Roofs. Any roofs or roof-mounted equipment visible from I-35, except for plumbing vents or flues, shall have the following characteristics:

a.

Roof and screening colors where visible from I-35 shall be compatible with building colors.

b.

Overall screening height shall be of sufficient height, where possible, to obstruct the view to the equipment from I-35, and in no event shall be lower than the height of the highest element of roof-mounted equipment, but in no event shall the screening be required to extend more than 2 feet above the height of the highest element of roof-mounted equipment.

G.

Utilities. All utilities shall be placed underground except under the following conditions:

1.

The Planning Director may approve overhead placement of distribution feed and lateral lines if it can be demonstrated that placement underground would cause an undue financial hardship and that measures will be taken to minimize the visual impact of overhead utilities.

2.

Auxiliary equipment for underground utility service, such as transformers, connection enclosures, switching devices and amplifiers may be pad-mounted on grade or placed underground.

3.

Any utility lines in place prior to the effective date of this UDC that are contrary to same are nonconforming. However, relocation or substantial improvement of existing utility lines shall occur in accordance with the standards set forth herein. Substantial improvement shall mean any improvement which results in an increase in the capacity of existing lines, such as the addition of lines or upgrading the size of lines.

4.

All utility companies and City departments that provide utility service within the I-35 corridor shall share facilities and easements where possible.

5.

Nothing contained herein is intended to alter the intent of any electrical franchise agreement ordinance in effect on the effective date of this UDC.

H.

Signs. All signs shall comply with Sections 710.F., and 710.I., the Interstate Overlay District regulations.

(Ord. No. 2723, 8-19-02; Ord. No. 2757, 12-15-03; Ord. No. 2763, § I, 4-19-04; Ord. No. 2782, 4-4-05)

A.

Purpose and Intent. See Sec. 316.

B.

Application of HP District. The Historic Preservation Overlay (HP) District and its regulations may be applied to property located in any other zoning district, whether residential, commercial, industrial or agricultural, in accordance with the provisions of the Historic Preservation ordinance. The Historic Preservation Zoning District is an overlay zoning district, and the regulations imposed by such district shall be in addition to the regulations of the underlying zoning district applicable to the subject parcel or area.

C.

Designated HP Districts. This section lists designated HP Overlay Districts.

• The Downtown Historic District

(Ord. No. 2723, 8-19-02)

Editor's note— Ord. No. 2897, § 2), adopted April 5, 2010, repealed § App. C, § 415, which pertained to flood hazard overlays (FH-1/FH-2) and derived from Ord. No. 2723, adopted 8-19-02 and Ord. No. 2782, adopted 4-4-05.