- Use Regulations
The following table lists the uses allowed within each district.
A.
Use Categories. All of the use categories listed in the table are defined in Sec. 1103.
B.
Uses Permitted By-Right ("P"). A "P" indicates that a use category is allowed by right in the respective district. These permitted uses are subject to all other applicable regulations of this UDC.
C.
Conditional Uses ("C"). A "C" indicates that a use category is allowed only if reviewed and approved as a conditional use in accordance with the conditional use review procedures of Sec. [314]. Conditional uses are subject to all other applicable regulations of this UDC.
D.
Uses Not Allowed ("—"). A "—" indicates that a use type is not allowed in the respective zoning district, unless it is otherwise expressly allowed by other regulations of this UDC.
E.
Uses Subject to Supplementary Use Standards ("/S"). A "/S" in any column indicates the use may be subject to supplementary use standards set forth in Sec. 502.
F.
New or Unlisted Uses. If an application is submitted for a use type that is not listed in the use table, the Planning Director shall be authorized to make a similar use interpretation based on the use category descriptions of Sec. 1103 and the similar use interpretation criteria of Sec. 1103.C. If the Zoning Administrator determines that the proposed use does not fit any of the use category descriptions of Sec. 1103, no similar use interpretation shall be made, and an amendment to this UDC to permit the use must be processed in accordance with Sec. 318.
* Within an office building, restaurants having no direct outdoor access shall be considered an accessory use.
** See 501-Q, 411
Note: 1. Check Sec. 1103 for Use Categories/Examples.
2. Verify a site's location with respect to Overlay Districts; i.e., I-35, Signs, Historic, etc.
3. Check supplementary standards, Sec. 503, for particular uses.
4. Check Residential Protection Standards, Sec. 705.
(Ord. No. 2593, 11-16-98; Ord. No. 2671, 1-16-01; Ord. No. 2697, 12-3-01; Ord. No. 2723, 8-19-02; Ord. No. 2763, § II, 4-19-04; Ord. No. 2782, 4-4-05; Ord. No. 2789, 6-20-05; Ord. No. 2803, 10-17-05; Ord. No. 2829, 9-18-06; Ord. No. 2840, 12-18-06; Ord. No. 2855, 6-18-07; Ord. No. 2898, 4-19-10; Ord. No. 2921, 11-21-11; Ord. No. 3028, 6-4-18; Ord. No. 3120, §§ 1—3, 3-21-22; Ord. No. 3147, § I, 1-17-23)
This section includes those use related regulations that apply to land uses allowed in one or more zoning districts. Uses subject to these supplementary use regulations are listed alphabetically in this section.
A.
Adult Oriented Establishment. Adult entertainment establishments or any store selling paraphernalia, devices, or equipment distinguished or characterized by an emphasis on depicting or describing specific sexual contact or used in connection with specific sexual conduct shall be subject to the following standards: (See Section 19-21.1.1 of the City Code).
1.
Separation from Other Adult Oriented Uses. The building housing an adult oriented establishment shall not be located within 1,000 feet of any other adult oriented use. This area shall be defined by a radius of 1,000 feet from the center point of the subject building.
2.
Separation from Other Uses. The building housing an adult oriented establishment shall be located at least 1,000 feet from the following uses: religious assembly, library, cultural service, child care center, public or private elementary or secondary school, park or playground, community center, or any residential use.
3.
Prohibited Activities. An adult oriented use shall not be conducted in any manner that provides the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," from any public right-of-way. This provision shall apply to any display, decoration or show window.
4.
Age Restriction. Persons under the age of 18 years shall not be permitted in any such establishment.
5.
Distance Measurement. From the nearest public entrance door of the adult oriented establishment to the nearest property line of uses listed in A-2 above, along the street right-of-way line as pedestrians usually travel. (See Section 19.21.1.1, City Code).
6.
I-35 Overlay District. No such adult oriented establishment shall be located on property which lies within the I-35 Overlay District. (See Sec. 413 of this Ordinance)
B.
Agriculture and Related Use.
1.
Any agricultural production use of property is permitted.
2.
Any other use that conforms to the conditions stated below shall be permitted.
a.
Does not require any employees other than the residents of the property.
b.
Does not have more than 4 vehicles, including farm implements, parked at the residence at any time. In addition, the use shall not generate more than 10 vehicle trips to the residence on average during any given day, not including farm vehicles.
c.
Be conducted entirely within a building.
d.
Does not emit noise, odor, dust, fumes, vibration, smoke or electrical interference beyond the property limits of the use.
C.
Art Gallery, Library, Museum or Similar Facility. An art gallery, library, museum or similar facility shall be located not less than 15 feet from any other property in a residential district and, when located in a residential district, shall have its primary vehicular entrance and exit on a major street or on another thoroughfare within 150 feet of its intersection with a major street.
D.
Automobile and Go-Kart Racing and Driving Tracks. Automobile, go-kart, miniature auto, racing or driving tracks shall be located not less than 1,500 feet from any residential district unless enclosed by a solid fence or wall at least 8 feet high, but in no case shall a track be located less than 1,000 feet from a residential district.
E.
Automobile and Truck Wash Facilities. All automobile and truck wash facilities shall require development plan review and approval by the Planning Director prior to granting of any building permit. In addition, the following standards shall be met:
1.
All new or enlarged car or truck washing facilities shall provide paved parking for all areas used by vehicles for washing, drying, parking and access. Adequate area must also be provided for vehicles after washing.
2.
For facilities with 10 bays or less, parking or waiting space in lanes shall be provided for 3 vehicles behind each bay. For facilities with 11 bays or more, parking or waiting space in lanes shall be provided for 2 vehicles behind each bay. All such waiting lanes shall be provided on private property.
3.
When any such facility is located on a lot abutting a residential zoning district, there shall be a 10-foot landscaped buffer provided along with an 8-foot opaque fence adjacent to the residential district.
4.
Any entrance to or exit from the car or truck wash facility shall be by way of a major street.
5.
Any storage of materials and supplies used in conjunction with the wash facilities shall be enclosed within a building or totally screened from view from a public right-of-way or adjacent residential property.
6.
All federal, state or local requirements for pretreatment of wastewater disposed into the public sanitary sewer system shall be met prior to issuance of building permits.
7.
Drainage from the washing at the facility shall not be discharged into the street or stormwater drainage system.
F.
Bank, Drive-Thru. A drive-thru bank shall meet the vehicle stacking provisions of Sec. 708.J. If located adjacent to a residential use, the residential Protection Standards of Sec. 705 shall also apply.
G.
Bed and Breakfast/Bed and Breakfast Inn. A Bed and Breakfast may be allowed subject to the following standards:
1.
The operator of the Bed and Breakfast is a full-time resident of the premises;
2.
No more than 1 employee who is not a full-time resident of the dwelling shall be allowed;
3.
A minimum of 2 off-street parking spaces, plus 1 space per guest room shall be provided;
4.
A maximum of 6 guest rooms are provided except that a Bed and Breakfast Inn may have a maximum of 20 guest rooms;
5.
No exterior evidence of the Bed and Breakfast shall be allowed, except for 1 attached sign no larger than 18 square feet;
6.
No food preparation, except beverages, is allowed within individual guest rooms and meal service shall be restricted to overnight guests only; and
7.
The resident operator shall keep a current guest register including names, permanent addresses, dates of occupancy and motor vehicle licenses for all guests.
8.
A minimum site size of 2 acres shall be required in the (AG) and (RR) Districts allowing for legal non-conforming sites that may exist.
H.
Day Care. All adult and child day care facilities shall:
1.
Be licensed by the state for compliance with state agency regulations.
2.
Be registered with the city, providing, upon initial state licensing and thereafter in July each year, a copy of said state license.
3.
Outdoor recreation areas shall have a minimum four-foot high fence around them with a self-closing, self-latching gate(s).
I.
Community Center. A community center located in or adjacent to any residential district shall have its principal vehicular entrance and exit on a major street or on another thoroughfare within 150 feet of its intersection with a major street.
J.
Convalescent or Nursing Home. In any convalescent home or nursing home, no building or recreation area shall be less than 25 feet from the boundary of any residential district.
K.
Firing Ranges. Minimum site size for outdoor firing ranges shall be at least 10 acres. Indoor ranges shall be a conditional use and meet firing range standards. Outdoor ranges shall be a conditional use in the (AG) and (IH) Districts.
L.
Hospital, General. A general or similar hospital shall be subject to the following conditions:
1.
Street access (other than a service entrance on an alley) shall be on an arterial or on a collector street within 50 feet of its intersection with an arterial.
2.
No building, work area or recreation area shall be within 50 feet of a residential district boundary.
M.
Hospital: Mental, Narcotic or Alcoholic Patients. A hospital restricted to mental, narcotic or alcoholic patients shall be subject to the following conditions:
1.
Street access (other than a service entrance on an alley) shall be on an arterial or on a collector street within 50 feet of its intersection with an arterial.
2.
There shall be a 6-foot high solid, opaque screening wall maintained in a good condition adjacent to any lot in a residential district.
N.
Junkyard, Salvage or Auto Wrecking Yard. Any junkyard, salvage or auto wrecking yard, or facility for storage or processing of used machinery, building materials, plumbing fixtures or appliances shall be subject to the following provisions:
1.
Any exterior storage or processing area of a junkyard, salvage or auto wrecking yard, or facility for storage or processing of used machinery, building materials, plumbing fixtures or appliances located within 100 feet of any street shall be screened by a solid, opaque wall or fence at least 8 feet in height located to prevent visibility from any street.
2.
The screening wall or fence shall not be used for advertising purposes, with the exception of an identification sign not to exceed 10 square feet in size.
3.
The wall or fence is a continuing obligation of the property owner. Facilities existing as of the effective date of this UDC shall be required to meet these standards. Facilities not meeting these standards shall be deemed in violation of this UDC.
O.
Kennels.
1.
A kennel shall not be constructed or maintained within 150 feet of a property line adjoining a residential zoning or 100 feet of a commercial building.
2.
A kennel with outdoor runs which is constructed or maintained within 200 feet of a residential zoning district shall be enclosed by a solid sight obscuring fence or wall a minimum of 6 feet high.
3.
All kennels must also conform to all of the provisions of this UDC and Chapter 5, Animal Control Provisions, of the City Code.
P.
Manufactured Housing.
1.
Residential-design manufactured housing is permitted provided that it meets the following criteria:
a.
The unit is constructed on a permanent foundation that complies with the Building Code (CABO);
b.
The unit is constructed without a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and does not have wheels or axles permanently attached to its body or frame.
c.
The unit has a minimum front width of 24 feet and a minimum depth of 20 feet;
d.
The unit has a double-pitched roof with a minimum vertical rise of 2.2 inches for every 12 inches of horizontal run and a minimum eave projection and roof overhang of 10 inches, which may include a gutter;
e.
The unit incorporates a porch, siding and roofing materials customarily used on site-built homes within the City of Ardmore;
f.
The unit has a minimum gross floor area of 960 square feet; and
g.
The unit has a minimum ceiling height of 7 feet.
h.
The unit was constructed to be a single living unit when placed on its site.
Q.
Mobile Homes.
1.
Mobile homes shall be permitted in mobile home parks in the MHP District.
2.
Mobile homes are permitted in the (AG) District provided that the minimum lot size is 10 acres.
3.
Mobile home parks shall have a minimum area of 5 acres and the land must be zoned (MHP) District.
R.
Oil and Gas Wells. See Sec. 709.
S.
Real Estate Sales/Rental Office. In the (RMM) and (RMH) Residential Districts an on-site management office for rental/sales of dwellings may be operated upon conditional use application approval. Such office may be maintained only for as long as required for the particular development.
T.
Religious Institutions. A church, synagogue, temple, or other religious institution including Sunday School facilities located in or adjacent to any residential district shall have its principal vehicular entrance and exit on a major street or on another thoroughfare within 150 feet of its intersection with a major street.
U.
Restaurants and Drive-Thru. A drive-thru restaurant shall meet the vehicle stacking provisions of Sec. 708.J. If located adjacent to a residential use, the Residential Protection Standards of Sec. 705 shall also apply. A restaurant serving alcoholic beverages shall maintain, on a quarterly basis, food and non-alcoholic beverage sales of at least 70 percent of total sales of food and beverages in order to be classified as a restaurant rather than a bar.
V.
Telecommunications Facilities. Telecommunications facilities are permitted subject to City Ordinance 2654. Towers taller than 195 feet are a conditional use.
W.
Vehicle, Boat, Trailer or Equipment Sales or Rental. All parking areas for sales or rental of new or used cars, trucks, trailers, boats, vans, heavy equipment and other vehicles shall be paved and enclosed by an iron pipe or similar fence at least 2 feet in height along all exterior property lines abutting public rights-of-way. In no case shall vehicles, trailers or equipment be parked in the public right-of-way.
X.
Storage Structures/Containers. Upon approval of the Building Official, a permit for the location of storage structures within the minimum required building setbacks for short periods of time required for property clean-ups and household goods in preparation for moving. In such cases the storage structures/containers shall be not closer than 4 feet to a front lot line, and not closer than 6 feet to a side lot line. Clear vision for traffic shall not be obstructed. The maximum period of time such structure or container is allowed on a property shall be 30 days after a permit is obtained from the Building Official
(Ord. No. 2657, 7-17-00; Ord. No. 2671, 1-16-01; Ord. No. 2697, 12-3-01; Ord. No. 2723, 8-19-02; Ord. No. 2763, § III, 4-19-04; Ord. No. 2782, 4-4-05; Ord. No. 2802, 10-17-05; Ord. No. 2839, 12-4-06; Ord. No. 2855, 6-18-07)
A.
General. Permitted uses and approved conditional uses shall be deemed to include accessory uses and accessory structures. Accessory uses and structures will be subject to the same regulations as apply to principal uses and structures in each district, unless otherwise stated in this UDC. Examples of customary accessory uses can be found in the use category descriptions of Sec. 1103. Interpretations regarding allowed accessory uses will be made by the Planning Director.
B.
Accessory Living Quarters. An accessory living quarter in a single family residence is permitted under certain circumstances and conditions. Creation of such quarters shall not constitute a two-family dwelling status, nor shall it become a rental unit. Such quarters shall be limited to: (a) living quarters, without cooking facilities, for bonafide servants employed by the occupants of a dwelling, on lots containing not less than 10,000 square feet in area are a permitted accessory use in residential districts; and (b) living quarters for extended family members of occupants of a dwelling are a permitted accessory use upon registration of such arrangement with the City. An accessory living quarter may be within or added to the primary dwelling if it meets the following requirements.
1.
Both the accessory quarters and the principal dwelling shall contain cooking, living sleeping and sanitary facilities, except as provided in (a) above.
2.
The accessory quarters or the principal dwelling shall be owner-occupied.
3.
Only 1 additional quarter will be permitted on a single family lot.
4.
The accessory quarters shall not exceed one-half of the gross floor area of the principal dwelling.
5.
Exterior street front facade changes shall not indicate the presence of an accessory quarter.
6.
Necessary modifications to the principal dwelling shall, to the extent possible, conform to the design of the original house.
7.
One on-site parking space shall be provided to serve the accessory living quarter. Tandem parking, where feasible, shall be permitted.
8.
An accessory quarter addition to the primary dwelling shall not encroach on required yards, nor exceed the maximum lot coverage for the district.
9.
An accessory quarter must meet provisions of the Building Code.
10.
The above requirements shall not apply to residential uses in the (AG) district.
C.
Standards for Accessory Structures.
1.
In any district an accessory structure may be detached from, or attached to, the principal building except that a structure for housing animals shall not be attached to a residential building.
2.
An accessory structure attached to the main building shall be made structurally a part and have a common wall with the main building and shall comply in all respects with the requirements of this ordinance applicable to the principal building.
3.
Except for open-sided carports, all accessory structures not attached to the main building in a residential district shall be located not closer than 2 feet to the front of the primary structure and at least 10 feet from any dwelling existing or under construction on the same lot or adjacent lot.
4.
No accessory structure shall be located closer than 5 feet to any interior lot line, but such building may be located no closer than 3 feet of any alley, where such alley abuts on the rear line of the lot. In the case of a corner lot, said accessory building shall not project beyond the building line required or existing on the adjacent lot.
5.
Accessory structures shall not cover more than 30 per cent of the area of the required rear yard.
D.
Animal Keeping. Animals and fowl shall be kept only in accordance with Ardmore City Code of Ordinances. Proponents of such uses shall show that adequate measures will be taken to prevent odor, dust, noise or drainage from becoming a nuisance to uses on other properties. No incineration of animal refuse shall be permitted on the premises, except in the (PFI) District when in conjunction with approval of a conditional use permit by the City Commission.
E.
Home Occupations. The permit for a home occupation is personal to the applicant, is not transferable to any other person, and does not apply to any other business of the applicant. Home occupations are permitted subject to all of the following conditions:
1.
In any dwelling unit, all home occupations, collectively, shall not occupy more than 25 per cent of the gross floor area of said dwelling.
2.
A home occupation shall not require internal or external alterations nor change the visual appearance or character of the building or premises, or involve the use of mechanical equipment not customary to dwellings.
3.
There shall not be displayed or created outside the building or displayed by means of windows or openings in the structure any external evidence of the operation of the occupation except as may be required by State Law.
4.
The home occupation shall be conducted solely by resident occupants of the dwelling in which the occupation is conducted and shall not have any employees working at the house who do not reside permanently in said dwelling.
5.
The home occupation shall not require customers to visit the premises or dwelling.
6.
No home occupation shall generate more than an average of 10 vehicle trips per day.
7.
No mechanical equipment shall be used or activity conducted that creates any noise, dust, fumes, odor, vibration, glare or electrical disturbance detectable to the normal senses off the lot on which the home occupation is conducted. Power shall be limited to electric motors with a total limitation of 3 horsepower per dwelling unit.
8.
There shall be no outside storage of any kind associated with the home occupation.
9.
Not more than one home occupation-related vehicle shall be permitted to be parked on the lot of the dwelling. The vehicle must not be greater than 20 feet in length or 8 feet in height.
10.
A home occupation shall not be construed to include, among other like uses, personal and business services such as massage, cosmetology, barber and beauty shops, tea rooms, restaurants, rest homes, clinics, medical offices, bed and breakfast homes, photographic studios, kennels, dog grooming, law offices, real estate offices, radio and television repair, furniture or cabinet making, food processing for sale, auto servicing or repair, lawn mower or other lawn equipment servicing or repair, or metal fabrication.
11.
All home occupations shall be required to obtain an annual home occupation permit from the Director of Development Services renewable each year after initial application.
12.
Family day care homes shall be considered as home occupations, but shall be exempted from certain above-listed requirements: Item #3 outdoor recreation equipment is not an evidence of the operation; Item #4 up to two (2) non-resident care givers may partake in the operation; Item #5 parents/drivers delivering or picking up persons being cared for; Item #6 the number of trips generated per day shall not apply.
F.
Satellite or Dish Antenna. Satellite television or dish antennas may, on application of the owner of such lot, be placed in residential and other zoning districts as follows:
1.
Residential Districts:
a.
Satellite communication receiving systems are permitted within the allowable building area of any lot defined by the required front, side, and rear building lines.
b.
Said structure shall not exceed the height limitations for structures in the district in which it is located.
c.
Said structure shall be a minimum of 12 feet from side yards when the installation is on a corner lot.
d.
Said structure shall be a minimum of 25 feet from any residence on an adjacent lot.
e.
Said structure shall not exceed the height limitations for structures in the district in which it is located, and shall not be mounted on roofs.
2.
Nonresidential Districts:
a.
Where placement is adjacent to a residential area, a setback of 1 foot for each 1 foot of height shall be required and a screening fence or vegetation buffer be installed.
b.
Roof-mounted antennas shall be a minimum of 10 feet from the exterior wall. Roof-mounted applications shall submit supporting documentation to enable a structural analysis of the roof supporting the antenna.
c.
Roof-mounted antennas shall not be erected near electrical lines.
3.
Installation Requirements: Installation of all satellite receiver antennas shall be subject to the following:
a.
Any installation shall require a permit.
b.
The requirements herein shall not apply to an antenna temporarily installed for demonstration purposes for a period not to exceed 14 days in any one location.
G.
Nonresidential Mobile Trailers.
1.
License required. No nonresidential mobile trailer shall be permitted in the City of Ardmore unless a license for its operation is issued by the City Clerk. Such license shall specify the permitted use of the nonresidential mobile trailer, the location of such operation and the termination date of the permit. No license shall be issued for a use which would violate City, state, or federal ordinance, law or regulation.
2.
Exemption for Construction Trailers. Operation of nonresidential trailers by contractors on construction projects for which building permits have been issued or which are otherwise approved by governmental units is permitted during the term of such construction project without issuance of a license.
3.
Caretaker or Watchman. Operation of a nonresidential trailer for the explicit use of a caretaker or night watchman on a permanent basis is permitted provided all other regulations of this ordinance are complied with.
4.
Camping or Recreation Vehicle. A camping or vacation trailer not exceeding 8 feet in width, and 35 feet in length may be stored on any lot, provided that no living quarters nor any business activity may be maintained therewith while such vehicle is so parked or stored. The storage area and the access to it, at a minimum, shall be paved with clean stone. Such storage areas shall be entirely within the property's boundary. Any such vehicle or trailer shall not be parked or stored closer than 4 feet to a front or side street property line.
H.
Veterinarian Clinics. Veterinarian clinics in a commercial zoning district are considered as a "Service Business", and in Section 501 are a conditional use if located in the (CN) Neighborhood Commercial District. Such clinics located in an (O) Office District are a conditional use when there are to be any out-of-doors activities before 7:00 a.m. and after 8:00 p.m. Conditional use reviews shall take into consideration the Animal Control Ordinance requirements, in addition to the 8 Standard Review Criteria for conditional use review.
(Ord. No. 2669, 1-2-01; Ord. No. 2671, 1-16-01; Ord. No. 2723, 8-19-02; Ord. No. 2757, 12-15-03; Ord. No. 2782, 4-4-05; Ord. No. 2802, 10-17-05)
Editor's note— Former § 504 (Temporary Uses) of this Unified Development Code has been reassigned in this Code, at the city's direction, as § 308.
- Use Regulations
The following table lists the uses allowed within each district.
A.
Use Categories. All of the use categories listed in the table are defined in Sec. 1103.
B.
Uses Permitted By-Right ("P"). A "P" indicates that a use category is allowed by right in the respective district. These permitted uses are subject to all other applicable regulations of this UDC.
C.
Conditional Uses ("C"). A "C" indicates that a use category is allowed only if reviewed and approved as a conditional use in accordance with the conditional use review procedures of Sec. [314]. Conditional uses are subject to all other applicable regulations of this UDC.
D.
Uses Not Allowed ("—"). A "—" indicates that a use type is not allowed in the respective zoning district, unless it is otherwise expressly allowed by other regulations of this UDC.
E.
Uses Subject to Supplementary Use Standards ("/S"). A "/S" in any column indicates the use may be subject to supplementary use standards set forth in Sec. 502.
F.
New or Unlisted Uses. If an application is submitted for a use type that is not listed in the use table, the Planning Director shall be authorized to make a similar use interpretation based on the use category descriptions of Sec. 1103 and the similar use interpretation criteria of Sec. 1103.C. If the Zoning Administrator determines that the proposed use does not fit any of the use category descriptions of Sec. 1103, no similar use interpretation shall be made, and an amendment to this UDC to permit the use must be processed in accordance with Sec. 318.
* Within an office building, restaurants having no direct outdoor access shall be considered an accessory use.
** See 501-Q, 411
Note: 1. Check Sec. 1103 for Use Categories/Examples.
2. Verify a site's location with respect to Overlay Districts; i.e., I-35, Signs, Historic, etc.
3. Check supplementary standards, Sec. 503, for particular uses.
4. Check Residential Protection Standards, Sec. 705.
(Ord. No. 2593, 11-16-98; Ord. No. 2671, 1-16-01; Ord. No. 2697, 12-3-01; Ord. No. 2723, 8-19-02; Ord. No. 2763, § II, 4-19-04; Ord. No. 2782, 4-4-05; Ord. No. 2789, 6-20-05; Ord. No. 2803, 10-17-05; Ord. No. 2829, 9-18-06; Ord. No. 2840, 12-18-06; Ord. No. 2855, 6-18-07; Ord. No. 2898, 4-19-10; Ord. No. 2921, 11-21-11; Ord. No. 3028, 6-4-18; Ord. No. 3120, §§ 1—3, 3-21-22; Ord. No. 3147, § I, 1-17-23)
This section includes those use related regulations that apply to land uses allowed in one or more zoning districts. Uses subject to these supplementary use regulations are listed alphabetically in this section.
A.
Adult Oriented Establishment. Adult entertainment establishments or any store selling paraphernalia, devices, or equipment distinguished or characterized by an emphasis on depicting or describing specific sexual contact or used in connection with specific sexual conduct shall be subject to the following standards: (See Section 19-21.1.1 of the City Code).
1.
Separation from Other Adult Oriented Uses. The building housing an adult oriented establishment shall not be located within 1,000 feet of any other adult oriented use. This area shall be defined by a radius of 1,000 feet from the center point of the subject building.
2.
Separation from Other Uses. The building housing an adult oriented establishment shall be located at least 1,000 feet from the following uses: religious assembly, library, cultural service, child care center, public or private elementary or secondary school, park or playground, community center, or any residential use.
3.
Prohibited Activities. An adult oriented use shall not be conducted in any manner that provides the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," from any public right-of-way. This provision shall apply to any display, decoration or show window.
4.
Age Restriction. Persons under the age of 18 years shall not be permitted in any such establishment.
5.
Distance Measurement. From the nearest public entrance door of the adult oriented establishment to the nearest property line of uses listed in A-2 above, along the street right-of-way line as pedestrians usually travel. (See Section 19.21.1.1, City Code).
6.
I-35 Overlay District. No such adult oriented establishment shall be located on property which lies within the I-35 Overlay District. (See Sec. 413 of this Ordinance)
B.
Agriculture and Related Use.
1.
Any agricultural production use of property is permitted.
2.
Any other use that conforms to the conditions stated below shall be permitted.
a.
Does not require any employees other than the residents of the property.
b.
Does not have more than 4 vehicles, including farm implements, parked at the residence at any time. In addition, the use shall not generate more than 10 vehicle trips to the residence on average during any given day, not including farm vehicles.
c.
Be conducted entirely within a building.
d.
Does not emit noise, odor, dust, fumes, vibration, smoke or electrical interference beyond the property limits of the use.
C.
Art Gallery, Library, Museum or Similar Facility. An art gallery, library, museum or similar facility shall be located not less than 15 feet from any other property in a residential district and, when located in a residential district, shall have its primary vehicular entrance and exit on a major street or on another thoroughfare within 150 feet of its intersection with a major street.
D.
Automobile and Go-Kart Racing and Driving Tracks. Automobile, go-kart, miniature auto, racing or driving tracks shall be located not less than 1,500 feet from any residential district unless enclosed by a solid fence or wall at least 8 feet high, but in no case shall a track be located less than 1,000 feet from a residential district.
E.
Automobile and Truck Wash Facilities. All automobile and truck wash facilities shall require development plan review and approval by the Planning Director prior to granting of any building permit. In addition, the following standards shall be met:
1.
All new or enlarged car or truck washing facilities shall provide paved parking for all areas used by vehicles for washing, drying, parking and access. Adequate area must also be provided for vehicles after washing.
2.
For facilities with 10 bays or less, parking or waiting space in lanes shall be provided for 3 vehicles behind each bay. For facilities with 11 bays or more, parking or waiting space in lanes shall be provided for 2 vehicles behind each bay. All such waiting lanes shall be provided on private property.
3.
When any such facility is located on a lot abutting a residential zoning district, there shall be a 10-foot landscaped buffer provided along with an 8-foot opaque fence adjacent to the residential district.
4.
Any entrance to or exit from the car or truck wash facility shall be by way of a major street.
5.
Any storage of materials and supplies used in conjunction with the wash facilities shall be enclosed within a building or totally screened from view from a public right-of-way or adjacent residential property.
6.
All federal, state or local requirements for pretreatment of wastewater disposed into the public sanitary sewer system shall be met prior to issuance of building permits.
7.
Drainage from the washing at the facility shall not be discharged into the street or stormwater drainage system.
F.
Bank, Drive-Thru. A drive-thru bank shall meet the vehicle stacking provisions of Sec. 708.J. If located adjacent to a residential use, the residential Protection Standards of Sec. 705 shall also apply.
G.
Bed and Breakfast/Bed and Breakfast Inn. A Bed and Breakfast may be allowed subject to the following standards:
1.
The operator of the Bed and Breakfast is a full-time resident of the premises;
2.
No more than 1 employee who is not a full-time resident of the dwelling shall be allowed;
3.
A minimum of 2 off-street parking spaces, plus 1 space per guest room shall be provided;
4.
A maximum of 6 guest rooms are provided except that a Bed and Breakfast Inn may have a maximum of 20 guest rooms;
5.
No exterior evidence of the Bed and Breakfast shall be allowed, except for 1 attached sign no larger than 18 square feet;
6.
No food preparation, except beverages, is allowed within individual guest rooms and meal service shall be restricted to overnight guests only; and
7.
The resident operator shall keep a current guest register including names, permanent addresses, dates of occupancy and motor vehicle licenses for all guests.
8.
A minimum site size of 2 acres shall be required in the (AG) and (RR) Districts allowing for legal non-conforming sites that may exist.
H.
Day Care. All adult and child day care facilities shall:
1.
Be licensed by the state for compliance with state agency regulations.
2.
Be registered with the city, providing, upon initial state licensing and thereafter in July each year, a copy of said state license.
3.
Outdoor recreation areas shall have a minimum four-foot high fence around them with a self-closing, self-latching gate(s).
I.
Community Center. A community center located in or adjacent to any residential district shall have its principal vehicular entrance and exit on a major street or on another thoroughfare within 150 feet of its intersection with a major street.
J.
Convalescent or Nursing Home. In any convalescent home or nursing home, no building or recreation area shall be less than 25 feet from the boundary of any residential district.
K.
Firing Ranges. Minimum site size for outdoor firing ranges shall be at least 10 acres. Indoor ranges shall be a conditional use and meet firing range standards. Outdoor ranges shall be a conditional use in the (AG) and (IH) Districts.
L.
Hospital, General. A general or similar hospital shall be subject to the following conditions:
1.
Street access (other than a service entrance on an alley) shall be on an arterial or on a collector street within 50 feet of its intersection with an arterial.
2.
No building, work area or recreation area shall be within 50 feet of a residential district boundary.
M.
Hospital: Mental, Narcotic or Alcoholic Patients. A hospital restricted to mental, narcotic or alcoholic patients shall be subject to the following conditions:
1.
Street access (other than a service entrance on an alley) shall be on an arterial or on a collector street within 50 feet of its intersection with an arterial.
2.
There shall be a 6-foot high solid, opaque screening wall maintained in a good condition adjacent to any lot in a residential district.
N.
Junkyard, Salvage or Auto Wrecking Yard. Any junkyard, salvage or auto wrecking yard, or facility for storage or processing of used machinery, building materials, plumbing fixtures or appliances shall be subject to the following provisions:
1.
Any exterior storage or processing area of a junkyard, salvage or auto wrecking yard, or facility for storage or processing of used machinery, building materials, plumbing fixtures or appliances located within 100 feet of any street shall be screened by a solid, opaque wall or fence at least 8 feet in height located to prevent visibility from any street.
2.
The screening wall or fence shall not be used for advertising purposes, with the exception of an identification sign not to exceed 10 square feet in size.
3.
The wall or fence is a continuing obligation of the property owner. Facilities existing as of the effective date of this UDC shall be required to meet these standards. Facilities not meeting these standards shall be deemed in violation of this UDC.
O.
Kennels.
1.
A kennel shall not be constructed or maintained within 150 feet of a property line adjoining a residential zoning or 100 feet of a commercial building.
2.
A kennel with outdoor runs which is constructed or maintained within 200 feet of a residential zoning district shall be enclosed by a solid sight obscuring fence or wall a minimum of 6 feet high.
3.
All kennels must also conform to all of the provisions of this UDC and Chapter 5, Animal Control Provisions, of the City Code.
P.
Manufactured Housing.
1.
Residential-design manufactured housing is permitted provided that it meets the following criteria:
a.
The unit is constructed on a permanent foundation that complies with the Building Code (CABO);
b.
The unit is constructed without a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and does not have wheels or axles permanently attached to its body or frame.
c.
The unit has a minimum front width of 24 feet and a minimum depth of 20 feet;
d.
The unit has a double-pitched roof with a minimum vertical rise of 2.2 inches for every 12 inches of horizontal run and a minimum eave projection and roof overhang of 10 inches, which may include a gutter;
e.
The unit incorporates a porch, siding and roofing materials customarily used on site-built homes within the City of Ardmore;
f.
The unit has a minimum gross floor area of 960 square feet; and
g.
The unit has a minimum ceiling height of 7 feet.
h.
The unit was constructed to be a single living unit when placed on its site.
Q.
Mobile Homes.
1.
Mobile homes shall be permitted in mobile home parks in the MHP District.
2.
Mobile homes are permitted in the (AG) District provided that the minimum lot size is 10 acres.
3.
Mobile home parks shall have a minimum area of 5 acres and the land must be zoned (MHP) District.
R.
Oil and Gas Wells. See Sec. 709.
S.
Real Estate Sales/Rental Office. In the (RMM) and (RMH) Residential Districts an on-site management office for rental/sales of dwellings may be operated upon conditional use application approval. Such office may be maintained only for as long as required for the particular development.
T.
Religious Institutions. A church, synagogue, temple, or other religious institution including Sunday School facilities located in or adjacent to any residential district shall have its principal vehicular entrance and exit on a major street or on another thoroughfare within 150 feet of its intersection with a major street.
U.
Restaurants and Drive-Thru. A drive-thru restaurant shall meet the vehicle stacking provisions of Sec. 708.J. If located adjacent to a residential use, the Residential Protection Standards of Sec. 705 shall also apply. A restaurant serving alcoholic beverages shall maintain, on a quarterly basis, food and non-alcoholic beverage sales of at least 70 percent of total sales of food and beverages in order to be classified as a restaurant rather than a bar.
V.
Telecommunications Facilities. Telecommunications facilities are permitted subject to City Ordinance 2654. Towers taller than 195 feet are a conditional use.
W.
Vehicle, Boat, Trailer or Equipment Sales or Rental. All parking areas for sales or rental of new or used cars, trucks, trailers, boats, vans, heavy equipment and other vehicles shall be paved and enclosed by an iron pipe or similar fence at least 2 feet in height along all exterior property lines abutting public rights-of-way. In no case shall vehicles, trailers or equipment be parked in the public right-of-way.
X.
Storage Structures/Containers. Upon approval of the Building Official, a permit for the location of storage structures within the minimum required building setbacks for short periods of time required for property clean-ups and household goods in preparation for moving. In such cases the storage structures/containers shall be not closer than 4 feet to a front lot line, and not closer than 6 feet to a side lot line. Clear vision for traffic shall not be obstructed. The maximum period of time such structure or container is allowed on a property shall be 30 days after a permit is obtained from the Building Official
(Ord. No. 2657, 7-17-00; Ord. No. 2671, 1-16-01; Ord. No. 2697, 12-3-01; Ord. No. 2723, 8-19-02; Ord. No. 2763, § III, 4-19-04; Ord. No. 2782, 4-4-05; Ord. No. 2802, 10-17-05; Ord. No. 2839, 12-4-06; Ord. No. 2855, 6-18-07)
A.
General. Permitted uses and approved conditional uses shall be deemed to include accessory uses and accessory structures. Accessory uses and structures will be subject to the same regulations as apply to principal uses and structures in each district, unless otherwise stated in this UDC. Examples of customary accessory uses can be found in the use category descriptions of Sec. 1103. Interpretations regarding allowed accessory uses will be made by the Planning Director.
B.
Accessory Living Quarters. An accessory living quarter in a single family residence is permitted under certain circumstances and conditions. Creation of such quarters shall not constitute a two-family dwelling status, nor shall it become a rental unit. Such quarters shall be limited to: (a) living quarters, without cooking facilities, for bonafide servants employed by the occupants of a dwelling, on lots containing not less than 10,000 square feet in area are a permitted accessory use in residential districts; and (b) living quarters for extended family members of occupants of a dwelling are a permitted accessory use upon registration of such arrangement with the City. An accessory living quarter may be within or added to the primary dwelling if it meets the following requirements.
1.
Both the accessory quarters and the principal dwelling shall contain cooking, living sleeping and sanitary facilities, except as provided in (a) above.
2.
The accessory quarters or the principal dwelling shall be owner-occupied.
3.
Only 1 additional quarter will be permitted on a single family lot.
4.
The accessory quarters shall not exceed one-half of the gross floor area of the principal dwelling.
5.
Exterior street front facade changes shall not indicate the presence of an accessory quarter.
6.
Necessary modifications to the principal dwelling shall, to the extent possible, conform to the design of the original house.
7.
One on-site parking space shall be provided to serve the accessory living quarter. Tandem parking, where feasible, shall be permitted.
8.
An accessory quarter addition to the primary dwelling shall not encroach on required yards, nor exceed the maximum lot coverage for the district.
9.
An accessory quarter must meet provisions of the Building Code.
10.
The above requirements shall not apply to residential uses in the (AG) district.
C.
Standards for Accessory Structures.
1.
In any district an accessory structure may be detached from, or attached to, the principal building except that a structure for housing animals shall not be attached to a residential building.
2.
An accessory structure attached to the main building shall be made structurally a part and have a common wall with the main building and shall comply in all respects with the requirements of this ordinance applicable to the principal building.
3.
Except for open-sided carports, all accessory structures not attached to the main building in a residential district shall be located not closer than 2 feet to the front of the primary structure and at least 10 feet from any dwelling existing or under construction on the same lot or adjacent lot.
4.
No accessory structure shall be located closer than 5 feet to any interior lot line, but such building may be located no closer than 3 feet of any alley, where such alley abuts on the rear line of the lot. In the case of a corner lot, said accessory building shall not project beyond the building line required or existing on the adjacent lot.
5.
Accessory structures shall not cover more than 30 per cent of the area of the required rear yard.
D.
Animal Keeping. Animals and fowl shall be kept only in accordance with Ardmore City Code of Ordinances. Proponents of such uses shall show that adequate measures will be taken to prevent odor, dust, noise or drainage from becoming a nuisance to uses on other properties. No incineration of animal refuse shall be permitted on the premises, except in the (PFI) District when in conjunction with approval of a conditional use permit by the City Commission.
E.
Home Occupations. The permit for a home occupation is personal to the applicant, is not transferable to any other person, and does not apply to any other business of the applicant. Home occupations are permitted subject to all of the following conditions:
1.
In any dwelling unit, all home occupations, collectively, shall not occupy more than 25 per cent of the gross floor area of said dwelling.
2.
A home occupation shall not require internal or external alterations nor change the visual appearance or character of the building or premises, or involve the use of mechanical equipment not customary to dwellings.
3.
There shall not be displayed or created outside the building or displayed by means of windows or openings in the structure any external evidence of the operation of the occupation except as may be required by State Law.
4.
The home occupation shall be conducted solely by resident occupants of the dwelling in which the occupation is conducted and shall not have any employees working at the house who do not reside permanently in said dwelling.
5.
The home occupation shall not require customers to visit the premises or dwelling.
6.
No home occupation shall generate more than an average of 10 vehicle trips per day.
7.
No mechanical equipment shall be used or activity conducted that creates any noise, dust, fumes, odor, vibration, glare or electrical disturbance detectable to the normal senses off the lot on which the home occupation is conducted. Power shall be limited to electric motors with a total limitation of 3 horsepower per dwelling unit.
8.
There shall be no outside storage of any kind associated with the home occupation.
9.
Not more than one home occupation-related vehicle shall be permitted to be parked on the lot of the dwelling. The vehicle must not be greater than 20 feet in length or 8 feet in height.
10.
A home occupation shall not be construed to include, among other like uses, personal and business services such as massage, cosmetology, barber and beauty shops, tea rooms, restaurants, rest homes, clinics, medical offices, bed and breakfast homes, photographic studios, kennels, dog grooming, law offices, real estate offices, radio and television repair, furniture or cabinet making, food processing for sale, auto servicing or repair, lawn mower or other lawn equipment servicing or repair, or metal fabrication.
11.
All home occupations shall be required to obtain an annual home occupation permit from the Director of Development Services renewable each year after initial application.
12.
Family day care homes shall be considered as home occupations, but shall be exempted from certain above-listed requirements: Item #3 outdoor recreation equipment is not an evidence of the operation; Item #4 up to two (2) non-resident care givers may partake in the operation; Item #5 parents/drivers delivering or picking up persons being cared for; Item #6 the number of trips generated per day shall not apply.
F.
Satellite or Dish Antenna. Satellite television or dish antennas may, on application of the owner of such lot, be placed in residential and other zoning districts as follows:
1.
Residential Districts:
a.
Satellite communication receiving systems are permitted within the allowable building area of any lot defined by the required front, side, and rear building lines.
b.
Said structure shall not exceed the height limitations for structures in the district in which it is located.
c.
Said structure shall be a minimum of 12 feet from side yards when the installation is on a corner lot.
d.
Said structure shall be a minimum of 25 feet from any residence on an adjacent lot.
e.
Said structure shall not exceed the height limitations for structures in the district in which it is located, and shall not be mounted on roofs.
2.
Nonresidential Districts:
a.
Where placement is adjacent to a residential area, a setback of 1 foot for each 1 foot of height shall be required and a screening fence or vegetation buffer be installed.
b.
Roof-mounted antennas shall be a minimum of 10 feet from the exterior wall. Roof-mounted applications shall submit supporting documentation to enable a structural analysis of the roof supporting the antenna.
c.
Roof-mounted antennas shall not be erected near electrical lines.
3.
Installation Requirements: Installation of all satellite receiver antennas shall be subject to the following:
a.
Any installation shall require a permit.
b.
The requirements herein shall not apply to an antenna temporarily installed for demonstration purposes for a period not to exceed 14 days in any one location.
G.
Nonresidential Mobile Trailers.
1.
License required. No nonresidential mobile trailer shall be permitted in the City of Ardmore unless a license for its operation is issued by the City Clerk. Such license shall specify the permitted use of the nonresidential mobile trailer, the location of such operation and the termination date of the permit. No license shall be issued for a use which would violate City, state, or federal ordinance, law or regulation.
2.
Exemption for Construction Trailers. Operation of nonresidential trailers by contractors on construction projects for which building permits have been issued or which are otherwise approved by governmental units is permitted during the term of such construction project without issuance of a license.
3.
Caretaker or Watchman. Operation of a nonresidential trailer for the explicit use of a caretaker or night watchman on a permanent basis is permitted provided all other regulations of this ordinance are complied with.
4.
Camping or Recreation Vehicle. A camping or vacation trailer not exceeding 8 feet in width, and 35 feet in length may be stored on any lot, provided that no living quarters nor any business activity may be maintained therewith while such vehicle is so parked or stored. The storage area and the access to it, at a minimum, shall be paved with clean stone. Such storage areas shall be entirely within the property's boundary. Any such vehicle or trailer shall not be parked or stored closer than 4 feet to a front or side street property line.
H.
Veterinarian Clinics. Veterinarian clinics in a commercial zoning district are considered as a "Service Business", and in Section 501 are a conditional use if located in the (CN) Neighborhood Commercial District. Such clinics located in an (O) Office District are a conditional use when there are to be any out-of-doors activities before 7:00 a.m. and after 8:00 p.m. Conditional use reviews shall take into consideration the Animal Control Ordinance requirements, in addition to the 8 Standard Review Criteria for conditional use review.
(Ord. No. 2669, 1-2-01; Ord. No. 2671, 1-16-01; Ord. No. 2723, 8-19-02; Ord. No. 2757, 12-15-03; Ord. No. 2782, 4-4-05; Ord. No. 2802, 10-17-05)
Editor's note— Former § 504 (Temporary Uses) of this Unified Development Code has been reassigned in this Code, at the city's direction, as § 308.