(A)   Except as otherwise specifically provided in this chapter, all use of land, development or structures in residential districts shall conform to the requirements set forth below.

   (B)   Residential districts' regulations are set forth in the appendices of this chapter.

   (C)   All properties zoned R-MO, residential multiple unit ownership, on or before November 1, 1985, may continue to be occupied and governed by the permitted uses and area regulations in that district as of the date, but thereafter, no property shall be rezoned to R-MO.

   (D)   All properties zoned PRD, planned residential development on or before August 8, 1994, may continue to be occupied and governed by the permitted uses, area regulations and stipulations specified on the date of their approval.

(Prior Code, § 13-612) (Am. Ord. 1974, passed 8-6-19)

   Please refer to Appendix A for permitted uses and special exceptions allowed within residential districts.

(Ord. 1974, passed 8-6-19)

   (A)   Table 158.020(A): Residential District Bulk and Yard Regulations establish bulk and yard regulations for the residential zoning districts. These regulations apply to all uses within that district unless a different standard is listed for a specific use.

      (1)   MHP District Bulk and Yard Regulations are set forth in Chapter 152 of this code of ordinances.

Table 158:020(A): Residential District Bulk and Yard Regulations

 

Notes:

1.   Lot width measured at required front yard setback.

2.   Setbacks are measured from the outside edge of the public right-of-way.

3.   If 50% or more of the lots on one side of a street between two intersecting streets are improved with buildings which have observed an average setback line greater or less than 25 feet and no building varies more than five feet from this average setback line, then said building may be erected at the setback so established by the existing buildings.

4.   Lot coverage measured as combined total area covered by main and accessory buildings.

      (1)   All residential buildings shall comply with the Building Code(s) adopted by the City of Bethany.

      (2)   Structures shall face a public or private street. If the structure is located on a corner lot, the structure should face and be addressed from the street which the front yard abuts, as shown on the approved plat of the addition the structure is located.

      (3)   The following provisions shall apply in residential districts:

         (a)   When a lot has double frontage, the front setbacks shall apply on both streets.

         (b)   Whenever a front setback line in any block is delineated on the subdivision map or plat thereof, as approved by the Planning Commission and City Council and recorded in the office of the County Clerk, then the setback shown on the map or plat shall govern. In no case shall this division apply to a lot which abuts a major thoroughfare as designated on the comprehensive plan.

         (c)   For each story more than one, there shall be an additional five-foot setback from interior lot lines in R-1 and R-2 districts.

         (d)   Detached accessory buildings 240 square feet in size or less may be located in the rear setback, but shall not be located in, on or over any public easement. All other accessory buildings shall comply with all applicable setback requirements applicable to primary buildings.

(Ord. 1974, passed 8-6-19)

   (A)   Except as otherwise specifically provided in this chapter, all use of land, development or structures in commercial districts shall conform to the requirements set forth in division (B) below.

   (B)   Uses are permitted only as shown in Appendix A to this chapter.

   (C)   Plant nurseries and other outdoor displays of plants and landscape materials; provided any outdoor display of plants or landscape materials shall be on the same lot as the primary building of the business, and only on a lot containing a building meeting the requirements of this code and applicable building codes.

   (D)   All properties zoned C-N, commercial neighborhood, or C-S, commercial shopping center, on November 1, 1985, may continue to be occupied and governed by the permitted uses and area regulations in those districts as of the date, but thereafter, no property shall be rezoned to C-N or C-S.

(Prior Code, § 13-616) (Am. Ord. 1609, passed 3-16-99; Am. Ord. 1678, passed 9-3-02; Am. Ord. 1687, passed 11-5-02; Am. Ord. 1974, passed 8-6-19)

   Please refer to Appendix A for permitted uses and special exceptions allowed within commercial districts.

(Ord. 1974, passed 8-6-19)

   Table 158.021(A): Commercial District Bulk and Yard Regulations establish bulk and yard regulations for the residential zoning districts. These regulations apply to all uses within that district unless a different standard is listed for a specific use.

Table 158.021(A): Commercial District Bulk and Yard Standards

 

Notes:

1.   Lot width measured at required front yard setback.

2.   Setbacks are measured from the outside edge of the public right-of-way.

3.   If fifty (50) percent or more of the lots on one side of a street between two intersecting streets are improved with buildings which have observed an average setback line greater or less than 25 feet and no building varies more than five feet from this average setback line, then said building may be erected at the setback so established by the existing buildings.

4.   Lot coverage measured as combined total area covered by main and accessory buildings.

(Ord. 1974, passed 8-6-19)

   Development within the commercial districts shall comply with the following design standards.

   (A)   All commercial buildings shall comply with the Building Code(s) adopted by the City of Bethany.

   (B)   Structures shall face a public or private street. If the structure is located on a corner lot, the structure should face and be addressed from the street which the front yard abuts, as shown on the approved plat of the addition the structure is located.

   (C)   Building materials.

      (1)   Exterior finishes of buildings or structures facing a street shall be constructed and maintained using wood clapboards or equivalent, brick, metal, vinyl or stone, or a combination of wood, brick, metal, vinyl and stone.

      (2)   Exterior accents of buildings or structures facing street shall consist of stucco, Exterior Insulation and Finish System (EIFS), wood clapboards or equivalent, brick, metal, vinyl or stone.

      (3)   Vinyl siding and metal siding shall not be permitted for use as exterior siding for primary or accessory buildings on facades which face a street. Maintenance and replacement of existing siding is permitted.

   (D)   The following provisions shall apply in commercial districts:

      (1)   Where any access to a commercial building in a C-R, C-G or C-H district is from the rear, or where a commercial building in those districts exceeds one story in height, a rear setback of 30 feet shall be provided. In such a case, and with respect to the rear setbacks required in a C-O or CBD district, the rear yard setback may include an alley or service court.

      (2)   In a C-R or C-G district, where an interior side yard abuts a residential district, a setback of ten feet shall be required for one story buildings plus an additional five feet for each additional story or portion thereof.

(Ord. 1974, passed 8-6-19)

   (A)   Except as otherwise specifically provided in this chapter, all use of land, development or structures in industrial districts shall conform to the requirements set forth herein.

   (B)   Properties zoned I-R and I-L prior to November 2, 1985, are hereby reclassified to I-L and I-H respectively, after the date.

(Prior Code, § 13-617) (Am. Ord. 1974, passed 8-6-19)

   Please refer to Appendix A for permitted uses and special exceptions allowed within industrial districts.

(Ord. 1974, passed 8-6-19)

   Table 158.022(A): Industrial District Bulk and Yard Regulations establish bulk and yard regulations for the residential zoning districts. These regulations apply to all uses within that district unless a different standard is listed for a specific use.

Table 158.022(A): Industrial District Bulk and Yard Standards

 

Notes:

1.   Lot width measured at required front yard setback.

2.   Setbacks are measured from the outside edge of the public right-of-way.

3.   If 50% or more of the lots on one side of a street between two intersecting streets are improved with buildings which have observed an average setback line greater or less than 25 feet and no building varies more than five feet from this average setback line, then said building may be erected at the setback so established by the existing buildings.

4.   Lot coverage measured as combined total area covered by main and accessory buildings.

(Ord. 1974, passed 8-6-19)

   Development within the industrial districts shall comply with the following design standards.

   (A)   All industrial buildings shall comply with the Building Code(s) adopted by the City of Bethany.

   (B)   Structures shall face a public or private street. If the structure is located on a corner lot, the structure should face and be addressed from the street which the front yard abuts, as shown on the approved plat of the addition the structure is located.

      (1)   Exterior finishes of buildings or structures facing a street shall be constructed and maintained using wood clapboards or equivalent, brick, metal, vinyl or stone, or a combination of wood, brick, metal, vinyl and stone.

      (2)   Exterior accents of buildings or structures facing street shall consist of stucco, Exterior Insulation and Finish System (EIFS), wood clapboards or equivalent, brick, metal, vinyl or stone.

      (3)   Vinyl siding and metal siding shall not be permitted for use as exterior siding for primary or accessory buildings on facades which face a street for which the structure is addressed. Maintenance and replacement of existing siding is permitted.

   (D)   The following provision shall apply in industrial districts. Whenever either a rear or interior side yard abuts a residential district, then the setback shall be no less than 25 feet.

(Ord. 1974, passed 8-6-19)

   Except as otherwise specifically provided in this chapter, all use of land, development or structures in special districts shall conform to the requirements set forth herein.

(Prior Code, § 13-618) (Am. Ord. 1974, passed 8-6-19)

   Please refer to Appendix A for permitted uses and special exceptions allowed within special districts.

(Ord. 1974, passed 8-6-19)

   Table 158.023(A): Special District Bulk and Yard Regulations establish bulk and yard regulations for the residential zoning districts. These regulations apply to all uses within that district unless a different standard is listed for a specific use.

Table 158.023(A): Special District Bulk and Yard Standards

 

Notes:

1.   Lot width measured at required front yard setback.

2.   Setbacks are measured from the outside edge of the public right-of-way.

3.   If 50% or more of the lots on one side of a street between two intersecting streets are improved with buildings which have observed an average setback line greater or less than 25 feet and no building varies more than five feet from this average setback line, then said building may be erected at the setback so established by the existing buildings.

4.   Lot coverage measured as combined total area covered by main and accessory buildings.

(Ord. 1974, passed 8-6-19)

   Development within the special districts shall comply with the following design standards.

   (A)   All residential and nonresidential buildings shall comply with the Building Code(s) adopted by the City of Bethany.

   (B)   Structures shall face a public or private street. If the structure is located on a corner lot, the structure should face and be addressed from the street which the front yard abuts, as shown on the approved plat of the addition the structure is located.

      (1)   Exterior finishes of buildings or structures facing a street shall be constructed and maintained using wood clapboards or equivalent, brick, metal, vinyl or stone, or a combination of wood, brick, metal, vinyl and stone.

      (2)   Exterior accents of buildings or structures facing street shall consist of stucco, Exterior Insulation and Finish System (EIFS), wood clapboards or equivalent, brick, metal, vinyl or stone.

      (3)   Vinyl siding and metal siding shall not be permitted for use as exterior siding for primary or accessory buildings on facades which face a street. Maintenance and replacement of existing siding is permitted.

      (4)   The following provisions shall apply in E-1 district:

         (a)   In the E-1 district, buildings and facilities shall be arranged in a manner appropriate to the function of each use, and appropriate for fire protection and convenient circulation for pedestrian and vehicular traffic.

         (b)   The front, side and rear setbacks for buildings located in the E-1 district may be reduced to no less than ten feet on any side where the

property abuts or is separated only by a street or alley from property zoned or used for E-1. The reduced setbacks shall not be permitted for that side or portion of the E-1 property which abuts an expressway or major thoroughfare.

         (c)   When a building in an E-1 district exceeds one story in height and is located on property which abuts property zoned or used for residential, the rear and interior side setbacks shall be no less than 20 feet, plus an additional five feet for each story, or portion thereof, which exceeds two stories or 35 feet in height.

(Ord. 1974, passed 8-6-19)

   (A)   The intent of the Mixed-Use District (MUD) is to create opportunities to increase development intensity within targeted area. Shifting from more traditional neighborhoods toward a mix of commercial and residential uses, Mixed-Use Districts define the uses of land and character of the improvements to promote compatibility between residential and nonresidential uses. These districts also are intended to encourage redevelopment of underutilized parcels and infill development. The mixed-use districts specifically are intended to:

      (1)   Concentrate higher-density residential development, commercial and office employment efficiently in and around the major interchanges, employment centers, and other designated centers of activity;

      (2)   Encourage mixed-use in a broad sense by promoting urban, suburban and village development that blends a combination of residential, commercial, cultural, institutional or industrial uses whose functions are physically integrated and provide both vehicular and pedestrian connectivity;

      (3)   Introduce new housing types geared to attract what Chapter 4 of the City of Bethany Comprehensive Plan refers to as the "missing middle" households;

      (4)   Expand commercial space capacity; and

      (5)   Ensure that development in mixed-use areas is of high quality and provides walkable, livable, vibrant environments, which provide interest through use of varied forms, materials, details, and colors, especially at the ground floor and second story.

      (1)   Refer to any applicable overlay zone district and/or corridor design standards and guidelines.

   (F)   Solid and liquid waste. All solid waste, debris and garbage shall be contained within a closed and screened dumpster, refuse bin and/or trash compactor. Incineration of trash or garbage is prohibited. No sewage or liquid wastes shall be discharged or spilled on the property.

(Ord. 1974, passed 8-6-19)

   (A)   Except as otherwise specifically provided in this chapter, all use of land, development or structures in special districts shall conform to the requirements set forth herein.

      (1)   The intent of the Planned Unit Development Overlay District (PUD) is to encourage developments with a superior built environment that permit greater flexibility and consequently more creative and imaginative design than generally is possible under conventional zoning regulations. It is hereby intended to permit, upon application and upon approval of site and use plans, the creation of Planned Unit Development Overlay Districts (PUD). Such a designation shall be determined by, and shall be designed to provide for a mix of uses, to secure safety from fire, panic, and other dangers, to promote health and the general welfare, to provide adequate light and air, to preserve features of historical significance, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements, and with a reasonable consideration being given, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the land throughout the city. In PUD District, the regulations which are adopted are intended to accomplish the same purposes as do zoning and other applicable regulations in districts which are developed on a lot by lot rather than a unified basis.

         (g)   For non-residential development, the intensity of development may be regulated;

            1.   By specifying an appropriate Floor Area Ratio(s) (FAR);

            2.   By specifying maximum square footage or gross leasable area;

            3.   By specifying setbacks, height and bulk restrictions; or

            4.   By a combination of such restrictions for the project as a whole or for components or subareas within the project. In addition, non-residential Development Plans may specify performance standards to be imposed on the project and restrictions regarding the location and nature of industrial, commercial, and other residential activities. The City Council may impose such standards and restrictions as necessary to achieve the intent of this section. In making its determination regarding the intensity of development and appropriate performance standards, the City Council may consider character and scale of similar developments, the character and scale of surrounding development and the area in general, the real or anticipated impact on public facilities and services, and consistency with other plans and policies.

            5.   For residential development, the Preliminary and Final Development Plans shall specify the residential density for the project as a whole or for subareas within the project as appropriate. In making its determination regarding whether the proposed residential density is appropriate, the City Council may consider (i) compatibility of residential densities with other uses within the district as well as outside the district, (ii) the impact of residential densities on public facilities and services, (iii) the consistency with the Comprehensive Plan and other adopted plans and polices, and (iv) the comparison of allowed density under the residential zoning districts.

            8.   Access to public thoroughfares. The Development Plan shall specify the location and general design of ingress and egress to the project along with access restrictions as appropriate. The City Council may impose such access standards and restrictions as necessary to protect the integrity and function of the City's thoroughfare system and to otherwise achieve the intent of this section. In making its determination regarding such access standards and restrictions, the City Council may consider the classification and function of the thoroughfare system, existing and projected traffic volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns on other adopted plans and policies.

            9.   Off-street parking and loading requirements. Unless specifically modified by the Development Plan, the off-street parking and loading requirements contained within these regulations shall apply. Reductions in off-street parking and loading standards shall be approved only if it can be demonstrated that parking demand will be less due to density and/or occupancy characteristics of the project and/or the availability of public transportation.

         (a)   A suggested pre-application conference;

         (b)   A preliminary development plan; and

         (c)   A final development plan.

            2.   A legal description of the site proposed for PUD designation, including a statement regarding present ownership and present zoning. The legal description must contain the original signature and seal of an Oklahoma registered surveyor.

            3.   A Master Conceptual Plan that indicates parcel, tract or lot locations and dimensions; density per gross and per net acres in the development and in each land use component, if appropriate; the intensity of land use in the development and each land use component, if appropriate; the amount of land in common area open space, recreation use or public use, if appropriate; and the treatment of project boundaries.

            4.   Written text which includes supporting graphics describing the overall concept of the plan; the uses included and any limitations upon uses; building types and prototypical site layouts, if appropriate; provisions for maintenance of common areas; any proposed agreements, dedications or easements; any proposed private covenants and restrictions; and any other information required by this section or pertinent to a determination of compliance with the section.

            5.   A Circulation Plan that indicates roads adjoining the property; the location of access from public roads into the project; and vehicular and pedestrian circulation systems within the project. The Circulation Plan may be included as part of the Master Conceptual Plan.

            6.   An Improvement Plan that indicates water supply and distribution facilities as well as the source of the water supply; sewage collection and disposal including method and location of sewage discharge; methods and facilities for the management of storm water runoff; improvements to streets and roads; and any other physical improvements required to support the project.

            7.   A Statistical Summary that indicates the number of acres in the project; the number of acres allocated to each land use within the project; the gross and net residential density within the project and within each land use component of the project; and floor area, floor area ratios, open space ratios, and other data relating the intensity of development to the site size and location.

            8.   An Environmental Impact Statement indicating possible problem areas within the site as well as solutions to these problems as intended by the developer.

            9.   To the extent that phases are applicable, phases of development must be shown on the preliminary development plan. If the development will occur in phases, the applicant shall submit a development plan that also displays the entire development at the completion of all phases. The phased development shall have the phases clearly outlined with expected dates for beginning of construction and date of completion of construction. No building permit shall be issued for any phase of development until a final development plan for that phase is approved by the City Council.

            10.   The following elements are optional at the request of the Planning Commission:

               A.   A Sign Plan which indicates the location, size and design and other pertinent provisions relating to signs within the project.

               B.   A Parking Plan which shows the number of parking spaces as well as their general location and design.

               C.   Any other plan element or technical study that the Planning Commission or the City Council deems necessary to adequately consider and review the Preliminary Development Plan.

            11.   The Preliminary Development Plan shall be reviewed as a zoning amendment and shall be processed as such.

            12.   Final Development Plan.

            13.   Due to diversity in size and character of proposals considered under this section, flexibility in the form, content and approval procedures of the Final Development Plan should be retained. Toward this end, the City Council shall specify, as part of its approval of the Preliminary Plan, the form, content and approval authority of the Final Development Plan.

            14.   If the City Council considers a submission of a Final Development Plan necessary for all or part of the District, it shall so specify in its approval of the Preliminary Development Plan. The City Council may retain its authority to approve the Final Development Plan or may delegate its approval authority to the Planning Commission or to a specified official(s). In the event the approval authority is delegated, the City Council shall specify the limits of discretion to be exercised by the approving authority.

            15.   No building permit shall be issued for all or any portion of a PUD District until the Final Development Plan has been approved.

            16.   Every Final Development Plan shall provide all the information required of a Preliminary Development Plan and shall further include grading, landscaping, lighting and signage plans.

            17.   Failure to commence construction after approval a PUD District

            18.   If substantial construction has not commenced within three years after the date of City Council approval for a PUD development, the Community Development Director shall review the development plan to determine whether the development plan should be voided or remain in effect.

            19.   If the Community Development Director shall determine that the development plan or any phase thereof is no longer viable, he/she shall present the matter to the Planning Commission for recommendation to the City Council. Simultaneously therewith, the Community Development Director may request the Planning Commission to review the existing zoning classification. The Community Development Director may request that the property be rezoned to that district which immediately preceded the approval of the planned district.

            20.   The Planning Commission shall hold a public hearing on the issue of voiding the development plan or any phase thereof and on the issue of rezoning the property, if so requested by the Director of Community Development. The recommendation of the Planning Commission shall be referred to the City Council.

            21.   After a public hearing, the City Council shall have the final determination as to whether the development plan or any phase thereof shall be voided or remain in effect, as well as to whether the property should be rezoned.

            22.   If the Community Development Director shall determine that the development plan or any phase thereof is viable or necessary to carry out the requirements of this chapter, the Community Development Director shall declare that the development plan or any phase thereof shall remain in effect; provided, however, that the Community Development Director shall report monthly to the Planning Commission detailing the plans to remain in effect.

            23.   Nothing stated within this section shall be deemed to prohibit an application for an amendment to or a subsequent application for a planned district.

            24.   Subdivision Plats and Site Plans Required. At the option of the applicant, the preliminary development plan may also serve as the preliminary plat. If the option is exercised, the plan shall include information required of preliminary plats. However, PUD Districts are to be reviewed on their individual merits upon specific application of a developer. Any conflicts with the other provisions of this Zoning and Subdivision Ordinances of the city may be waived by the City Council to carry out the intent of a plan.

(Ord. 1974, passed 8-6-19)

   (A)   The requirements contained in this section are intended to provide exceptions or to qualify and supplement the specific regulations set forth in this subchapter.

   (B)   The following provisions shall apply in all districts:

      (1)   Trailers or other portable buildings used as temporary offices may be installed on any lot during construction but shall be removed prior to issuance of a certificate of occupancy for the lot or any permanent structure thereon.

      (2)   An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure.

      (3)   No dwelling shall be erected on a lot which does not abut at least one public street for at least 35 feet and have a width of at least 60 feet at the building line. A public street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress.

      (4)   Where lots comprising 60% or more of the frontage on the same side of the street in any block are developed with buildings having front setbacks less than the required depth and with a variation of not more than ten feet, the average depth of the setbacks shall establish the front setback for the entire frontage; provided that the depth need not exceed the required setback.

      (5)   Carports, as that term is defined in § 158.002, may be allowed in the front yard setback as a special exception to this chapter, as provided herein, subject to the following restrictions:

         (a)   Carports shall not be erected or located closer than five feet inclusive of eaves from the right-of-way line of a public or private street.

         (b)   Carports shall not be located or erected closer to the side property line than the applicable side yard setback or the dwelling to which it is accessory, whichever is less.

      (6)   Open eaves, cornices, windowsills, and belt courses may project into any setback provided that projections into interior side setbacks shall not exceed two feet. Open uncovered porches or open fire escapes may project into front or rear setbacks a distance not to exceed five feet.

      (7)   No portion of a lot which is located within the lines of any flood control and/or drainage easement shall be included in measuring yard setback, usable open space or buildable area of the lot. This exclusion shall not apply to easements in which a closed storm sewer is located, nor shall it apply to lots platted prior to the effective date of this chapter.

      (8)   Churches, schools, hospitals and other public and semi-public buildings may exceed the height limitation of any district, if the side and rear setbacks are increased one foot for each two feet by which the height of the public or semipublic structure exceeds the prescribed height limit.

      (9)   Chimneys, elevators, poles, spires, tanks, towers and other projections not included in a building story, as defined in § 158.002, may extend above the height limit, subject to certain height limitations.

      (10)   All trash or garbage receptacles shall be in a permanent location mutually convenient to the city and to the occupant.

(Prior Code, § 13-619) (Am. Ord. 1452, passed 10-3-89; Am. Ord. 1508, passed 1-18-94; Am. Ord. 1847, passed 4-19-10; Am. Ord. 1862, passed 4-17-12; Am. Ord. 1957, passed 6-19-18; Am. Ord. 1974, passed 8-6-19)