A.

General: The use unit is a grouping of individual uses having similarities in characteristics of function and/or performance which enable systematic consideration of location and other regulation. Within each zoning district, the permitted uses are the included uses of the designated use unit. The use units, herein established, are identified by number and name. Set forth in each use unit is a descriptive statement, and alphabetical listing of the included uses, use conditions, and off street parking and loading requirements.

B.

Interpretation: Questions of the inclusion or exclusion of a particular principal use within a use unit shall be decided by the board of adjustment. A use, if specifically listed in a use unit, shall not by interpretation be included as a principal use within any other use unit.

C.

Applicability of Use Conditions: A use shall be subject to the provisions of the district in which located and, in addition, shall be subject to the use conditions specified in the applicable use unit. Where the requirements of the use unit are greater than the requirements of the use district, the use unit requirements shall govern.

D.

Exception to Parking and Loading Requirements: The off street parking and loading requirements shall not apply to uses located within the CH Commercial High Intensity District.

E.

Site Plan: All new structures requiring a building permit, other than a small job permit, within use units 2, 5, 11 through 20 and 22 through 27, inclusive, shall require the submission of a site plan demonstrating compliance with the requirements of this title. A site plan shall be submitted with the building permit application as follows: five (5) full size hard copies, four (4) eleven inch by seventeen inch (11" × 17") hard copies, and one copy in an acceptable electronic file format. The site plan shall be reviewed and approved by city staff upon demonstration of compliance with minimum requirements of this Code, and the city planner shall approve the site plan upon demonstration of compliance with minimum requirements of this title. The city planner may refer a site plan to the technical advisory committee for input. Compliance with the approved site plan shall be a condition of building permit approval and continued occupancy. The site plan shall specifically include:

1.

A completed application for site plan approval.

2.

A detailed site plan representing the lot of record and all existing and proposed improvements and such information as required for a comprehensive review and approval by city staff, which information shall be listed on the application form for site plan approval, including:

a.

A plan view site plan.

b.

Building elevations or building height information.

c.

A landscape plan.

d.

A sign plan or signage information represented on another drawing.

e.

A screening and fence plan represented on another drawing. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

f.

A lighting plan or lighting information represented on another drawing.

F.

Redevelopments or Expansions: For redevelopments or expansions of existing nonresidentially developed lots of record, the city council may authorize modifications to the minimum development standards of this title upon its approval of an application for site plan prepared as provided in subsection E of this section.

(Ord. 272, 4-2-1974; amd. Ord. 2137, 7-14-2014; Ord. 2242, 6-11-2018)

A.

Description: Certain public uses, agricultural uses, open land uses, and similar uses which are either subject to other public controls or which do not have adverse effects on other land.

B.

Included Uses:

Passive agricultural uses such as:

Cultivation.

Forestry.

Grazing.

Planting.

Open land uses such as:

Arboretum.

Flood management project.

Reservoir.

Wildlife preserve.

Public uses such as:

Fire alarm.

Historical marker.

Political campaign signs.

Street sign.

Thoroughfare.

Utility line.

C.

Use Conditions:

1.

Political Campaign Signs: No political campaign sign shall be erected more than forty-five (45) days prior to any election, nor shall any sign be permitted to remain on any property more than seven (7) days following an election. No political campaign signs shall be permitted on public property and they shall be permitted on private property only with the consent of the property owner. The display surface area of each political campaign sign located in R or O zoning districts shall not exceed sixteen (16) square feet in surface area. Only one side of a double faced sign shall be computed in the computation of display surface area.

D.

Off Street Parking and Loading Requirements: None.

(Ord. 272, 4-2-1974)

A.

Description: Uses which, in some instances, may be suitable for location in any district, but, because of their potential adverse influence in adjacent properties, require site review and are, therefore, permitted in all districts as a special exception requiring board of adjustment approval.

B.

Included Uses:

Adult detention center.

Airport, heliport.

Bus station.

Cemetery.

Convict prerelease center.

Correctional community treatment center.

Crematory.

Governmental service, NEC.

Hydroelectric generation plant.

Jail.

Juvenile delinquency center.

Mausoleum.

Post Office.

Prison.

Rifle and skeet range, gun club.

Sanitary landfill.

Sewage disposal facility.

Water treatment plant.

Temporary open air activities such as:

Carnival.

Christmas tree sales.

Circus.

Construction facilities (off site).

Tent revival.

C.

Use Conditions:

1.

Temporary Open Air Activities: Temporary open air activities, except construction facilities, may continue for a period not to exceed thirty (30) days per each application for special exception approved by the board of adjustment.

2.

Construction Facilities:

a.

The use may continue for a period not to exceed two (2) years in the same location.

b.

Ingress and egress must be from arterial or collector streets; provided, that the board of adjustment may approve a location with access to a minor street upon finding that such location would result in less traffic on streets in residential areas.

c.

The use shall not be located nearer than one hundred feet (100') to any lot containing an occupied dwelling, without the consent of the owner thereof.

3.

Screening: The uses included in use unit 2, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; Ord. 2242, 6-11-2018)

A.

Description: Agricultural uses and services and certain other uses suitable for location in an agricultural environment.

B.

Included Uses:

Animal and poultry raising.

Chick hatchery.

Farming.

Fishery.

Guest or dude ranch.

Horticultural nursery.

Medical marijuana commercial grower.

Ranching.

Riding stable or academy.

C.

Use Conditions: Horticultural nursery permits the growing of plant stocks only, and permits no retail sales on site.

D.

Off Street Parking and Loading Requirements: None.

(Ord. 272, 4-2-1974; amd. Ord. 2286, 8-12-2019)

A.

Description: Public protection and utility facilities which may have technical locational requirements necessitating specific locations in or around areas serviced and certain temporary open air land uses which can be objectionable to certain other uses and are, therefore, permitted in certain districts by special exception and in the remaining districts by right.

B.

Included Uses:

Ambulance service.

Antennas and antenna supporting structures.

Electrical regulating station, excluding storage or service garages and yards.

Fire protection facility.

Pressure control station, gas or liquid, excluding storage or service garages and yards.

Shelter, civil defense or storm.

Water storage facility, NEC.

C.

Use Conditions:

1.

Principal use antennas and antenna supporting structures must meet the following requirements:

a.

The antenna and/or antenna supporting structure shall not exceed two hundred feet (200') in height as measured at grade, unless granted approval of a special exception by the board of adjustment.

b.

Each request for an antenna or antenna-supporting structure must include a site plan and design standards, which are subject to city council approval before a building permit may be issued.

c.

Written evidence shall be presented to the city by the applicant that the antenna and/or antenna supporting structure is not closer than one-half (½) mile from any existing site or site for which an application is pending with the city for an antenna and/or antenna supporting structure, unless given approval of a special exception by the board of adjustment.

d.

The antenna and/or antenna supporting structures shall be set back a distance not less than two hundred percent (200%) of the total height of the tower plus any projecting antennas, as measured at grade, not less than two hundred fifty (250) feet minimum from a residence, from the following:

(1)

All property lines of the subject property, including street right-of-way lines;

(2)

All residential dwellings, including those located on the subject property;

(3)

All R residential zoning district boundaries.

e.

The antenna and/or antenna supporting structure shall be subject to initial and continuing compliance with all other applicable local, State and Federal codes and standards for operation of that particular facility. These requirements shall include, but not be limited to, meeting the standards and requirements of the Federal Aviation Administration, Federal Communications Commission, Electronic Industries Association and American National Standards Institute.

f.

The antenna and/or antenna supporting structure shall be buffered with landscaping and vegetative or other screening to mitigate the operational and visual impacts of such uses on abutting and adjacent uses. A wall or wood fence not less than eight feet (8') in height from finished grade shall be provided around any high voltage equipment, and access shall be through a locked gate. Where an existing structure such as a church, steeple or other existing building facility is used as an antenna support structure, the antenna must be designed and/or colored to harmoniously blend with the existing support structure.

g.

Equipment, mobile or immobile, that is not necessary for direct support of the use, shall not be stored or parked on the site unless repairs to the facility are being made.

h.

If the operation and use of the antenna and/or antenna supporting structure ceases for a period of one hundred eighty (180) days, said special exception for antenna and/or antenna supporting structure shall be deemed abandoned and will be revoked by the city, unless upon proper application and approval is made sixty (60) days before such expiration of the one hundred eighty (180) day abandonment period; the antenna and antenna supporting structure shall be removed within the one hundred eighty (180) day period by the owner's lessee, lessor or owner's designee at their expense. If removal is not performed by such parties, then the facility will be subject to removal by the city at the expense of the owner, owner's lessee, lessor or their designee. Designee will include successor in interest to the property upon which the antenna and antenna supporting structure is located.

i.

The antenna and/or antenna supporting structure shall be designed and constructed in such a manner as to accommodate collocation of a minimum of two (2) wireless telecommunication systems, personal communication systems, or other such technologies, unless it can be demonstrated by the applicant to the satisfaction of the city that such collocation was not technically feasible or that it would reasonably impede or otherwise impair the operation of the initial or subsequently located facilities.

j.

The antenna supporting structure shall be of monopole design.

k.

Certification from a professional engineer, licensed to practice in the State, shall be submitted that the antenna and antenna supporting structure is designed and constructed in such a manner as to accommodate the collocation of a minimum of two (2) wireless telecommunication system providers, and that it meets the standards of the American National Standards Institute and the Electronic Industries Association. Further, certification from such an engineer, shall be required upon completion of construction and prior to commencement of operation that the antenna and antenna supporting structure has, in fact, been constructed in accordance with the plans as approved by the city.

l.

Operators of such facilities shall give the city planner thirty (30) days' prior written notice of any change or modification in the operation of the facility that would cause the facility to no longer be in compliance with subsections C.1.a. through C.1.k. of this section and the conditions of approval granted by the board of adjustment, if applicable. Said notice shall include detailed information about the nature of all such changes. Further, such changes shall cause the approval of the special exception to be summarily revoked and become the basis for requiring submission of a new application to the city if operation is to continue.

m.

The height and location restrictions of this title shall be applicable to antennas or antenna supporting structures either owned, operated, leased by, operated by or maintained by the city.

D.

Off Street Parking and Loading Requirements: None.

E.

Wireless Service Facilities and Associated Wireless Support Structures:

1.

Purpose: The purpose of this subsection is to establish reasonable land use and development standards allowing for the location of wireless service facilities within the city of Bixby, while minimizing the potential negative impacts of such facilities. This subsection applies only to wireless service facilities and wireless support structures as defined and detailed herein. Conventional, taller, wireless communications facilities are regulated in subsection C of this section.

2.

Definitions: For purposes of this subsection, the words and phrases below are defined as follows:

ANTENNA: Means any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.

BASE STATION: Means a station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.

COLLOCATION: Means the placement or installation of small cell facilities on existing electrical transmission towers, existing utility poles, existing wireless support structures, and existing structures, including water towers and other buildings or structures. The term includes the placement, replacement, or modification of small cell facilities within an approved equipment compound.

CONSTRUCTION PLAN:

a.

When referring to a new wireless support structure, means a written plan for construction that indicates the aesthetics of the wireless support structure; the total height and width of the wireless service facility and wireless support structure including cross section and elevation, footing, foundation and wind speed details; a structural analysis indicating the capacity for future and existing antennas including a geotechnical report and calculations for the foundation's capacity; the identity and qualifications of each person directly responsible for the design and construction; and signed and sealed documentation from the applicant that shows the proposed location of the wireless service facility and wireless support structure and all easements and existing structures within one thousand feet (1,000') of such wireless service facility or wireless support structure.

b.

When referring to the substantial modification of an existing wireless service facility or wireless support structure, means a plan that describes the proposed modifications to the wireless support structure and all equipment and network components including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment.

DECORATIVE POLE: Means a streetlight or traffic signal pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational, directional signage, temporary holiday or special event attachments, may be placed.

ELECTRICAL TRANSMISSION TOWER: Means a structure that physically supports high voltage overhead power lines. The term does not include a utility pole.

EQUIPMENT COMPOUND: Means the area that: a) surrounds or is near the base of a wireless support structure; and b) encloses wireless service facilities.

EXISTING STRUCTURE: Does not include a utility pole or an electrical transmission tower.

PERMIT AUTHORITY: Means the city of Bixby Development Services Director and the board of adjustment within the jurisdiction of the city of Bixby.

PERSON: Means a corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.

SMALL CELL FACILITY: Means: a) a personal wireless service facility as defined by the Telecommunications Act of 1996, 47 USC section 332(c)(7), or b) a wireless service facility that satisfies the following requirements: 1) each antenna, including exposed elements, has a volume of three (3) cubic feet or less; 2) all antennas, including exposed elements, have a total volume of six (6) cubic feet or less; and 3) the primary equipment enclosure located with the facility has a volume of seventeen (17) cubic feet or less. Ancillary equipment such as: electric meters, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services are not included in the equipment volume calculation. This term does not include a wireless support structure.

SUBSTANTIAL MODIFICATION OF A WIRELESS SUPPORT STRUCTURE: Means the mounting of a small cell facility on a wireless support structure in a manner that: a) increases the height of the wireless support structure by ten percent (10%) of the original height of the wireless support structure or greater; or b) adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than the width of the wireless support structure and existing appurtenances.

The term substantial modification does not mean: a) increasing the height of a wireless support structure to avoid interfering with an existing antenna, or b) increasing the diameter or area of a wireless support structure to: 1) shelter an antenna from inclement weather; or 2) connect an antenna to the wireless support structure by cable.

UTILITY POLE: Means a structure that is: a) owned or operated by: 1) a public utility; 2) a communications service provider; 3) a municipality; 4) an electric membership corporation; or 5) a rural electric cooperative; and b) designed and used to: 1) carry lines, cables, or wires for telephone, cable television, or electricity; or 2) provide lighting. "Utility pole" does not include decorative poles.

WIRELESS SERVICE FACILITY: Means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: a) equipment associated with wireless communications; and b) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small cell facilities. The term does not include a wireless support structure.

WIRELESS SUPPORT STRUCTURE: Means a freestanding structure designed to support small cell facilities. The term does not include a utility pole, a decorative pole or an electrical transmission tower.

3.

Restrictions on Placement of New Wireless Support Structures:

a.

Restrictions on Placement Within Right-of-Way:

(1)

New wireless support structures are permitted in all zoning districts within the right-of-way, except within right-of-way identified as corridor by the existing city of Bixby Comprehensive Plan or as Corridor Appearance District in this title.

(2)

New wireless support structures located within the right-of-way shall be placed at the back of the right-of-way, adjacent to where adjoining property lines intersect. The development services director may approve a deviation from this requirement due to specific site conditions.

b.

Restrictions on Placement Outside of the Right-of-Way:

(1)

New wireless support structures are not permitted outside the right-of-way in the AG (Agriculture), RE (Residential Estate), RS (Residential Single Family), RD (Residential Duplex), RT (Residential Townhouse), RM (Residential Multi-Family), RMH (Residential Mobile Home) and PUD (Planned Unit Development) districts.

c.

Encroachments and Sight: Wireless service facilities and wireless support structures shall be located where there is no encroachment into any existing or planned corner sight triangles or sight line triangles. Supporting structures shall not interfere with any safe sight distances or otherwise block vehicular, bicycle or pedestrian traffic, or conflict with the installation, maintenance, or repair of any public utility.

d.

Sidewalk, Driveway or Walkway: Wireless service facilities and wireless support structures shall not block or encroach upon any sidewalk, driveway or walkway.

e.

Utilities: Wireless service facilities and wireless support structures shall not interfere with existing above-ground or below-ground utilities, or the ability of the city and others to access and maintain such utilities.

f.

Removal: Permit holders and/or facility owners shall promptly remove wireless service facilities and wireless support structures that are installed in a location that is not in accordance with the plans approved by the city, that do not comply with the provisions of this chapter, or that otherwise render the public right-of-way non-compliant with applicable laws, including but not limited to the Americans With Disabilities Act. Should such permit holder and/or facility owner fail to promptly remove the wireless service facility and/or wireless support structure, the city may remove such structure or facility and bill the permit holder and/or facility owner for the costs of removal and cleanup of the site.

g.

Same Side of Street: New wireless support structures shall be a minimum of five hundred feet (500') from any other wireless support structure located on the same side of the street (or along the same side of the closest street if located outside of the right-of-way).

h.

Two Street Rights-of-Way: New wireless support structures shall be a minimum of seventy five feet (75') from the intersection of any two (2) street rights-of-way, measured from the point at which the back of the right-of-way lines intersect.

i.

Utility Pole: New wireless support structures shall be a minimum of twenty feet (20') from any utility pole.

j.

Illumination: Wireless service facilities and wireless support structures shall not be illuminated by artificial means and may not display strobe lights unless federal or state authorities expressly require such lighting. When incorporated into the approved design of a supporting structure, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the supporting structure.

k.

Advertising and Signs: The use of any portion of wireless service facilities and wireless support structures for advertising or signs other than warning or equipment information signs is prohibited.

l.

Compliance: Wireless service facilities and wireless support structures shall be constructed in compliance with all applicable federal and state statutes and regulations and all applicable ordinances of the city, including but not limited to all building, electrical and mechanical codes adopted by the city or state.

4.

Restrictions on Placement on Decorative Poles: Small cell facilities shall not be placed on decorative poles.

5.

Collocation: Subject to applicable provisions of this subsection, small cell facilities may be collocated on existing structures, existing electrical transmission towers, and existing utility poles.

6.

Specifications: Wireless service facilities, including small cell facilities, and new wireless support structures shall meet the following specifications:

a.

Height: Small cell facilities and wireless support structures shall not exceed fifty feet (50') in height. However, in no instance shall small cell facilities and wireless support structures exceed one hundred ten percent (110%) of the tallest existing utility pole located along the same street (or closest street if placed outside of the right-of-way) within five hundred feet (500').

b.

Maintenance: Support structures shall be maintained in good working order at the cost of the applicant, including the cost of electricity.

c.

Facility Size: Each antenna, including exposed elements, shall not exceed a volume of three (3) cubic feet. All antennas, including exposed elements, shall not exceed a total volume of six (6) cubic feet. The primary equipment enclosure located with the facility shall not exceed a volume of seventeen (17) cubic feet or less.

d.

Contact Information: All support structures shall have a plaque identifying the structure and the facility owner's contact information, and said plaque shall not exceed 0.25 square feet.

e.

Wiring and Fiber: All wiring and fiber shall be concealed within the support structure and all conduit, wiring and fiber shall be buried between structures and/or structures and ground mounted cabinets. All service lines (e.g., electric lines) to the support structure must also be buried unless service lines in the area of the support structure are aerial. In that event, service lines to the support structure may also be aerial, except for any service drop crossing a street or roadway which would need to be bored and placed under such street or roadway.

f.

Color and Design: Wireless support structures and wireless service facilities shall be designed to blend into the surrounding environment and complement existing streetscape elements through the use of color, camouflaging and architectural treatment. Any equipment mounted to the support structures shall also match the support structure in color and general design. Approval of the aesthetic design of the wireless support structures and wireless service facilities shall be at the discretion of the permit authority.

g.

Design: Any proposed wireless support structure shall be designed and engineered structurally, electrically and in all other respects, to accommodate both the initial small cell facility and one or more additional small cell facilities. The support structure shall be designed to allow for future rearrangement of cellular communication equipment and antennas upon the structure and to accept cellular communication equipment and antennas mounted at varying heights.

7.

Permits:

a.

Permit: A person that provides wireless communications service or otherwise makes available infrastructure for wireless communications services shall apply for and obtain a permit from the Development Services Director to: 1) locate or collocate a wireless service facility, 2) locate a wireless support structure, or 3) perform a substantial modification of a small cell wireless support structure.

b.

Applicable Laws: An applicant shall demonstrate that the proposed wireless service facility, wireless support structure or substantial modification thereof complies with all applicable laws and ordinances governing land use and development.

c.

Permits for New Wireless Support Structures: A new wireless support structure shall not be approved unless the person submits a complying application and written documentation and an affidavit affirming that the small cell facility planned for the proposed wireless support structure cannot be accommodated on an existing or approved utility pole or electrical transmission tower or other existing structure with a height of fifty feet (50') or greater within a one-half (½) mile radius of the proposed new wireless support structure due to one or more of the following reasons:

(1)

The proposed small cell facility would exceed the structural capacity of existing or approved wireless support structures, utility poles, electrical transmission towers, and/or structures with a height of fifty feet (50') or greater as documented by a qualified and licensed professional engineer and that existing or approved wireless support structures, utility poles, electrical transmission towers, and structures with a height of fifty feet (50') or greater cannot be reinforced, modified, or replaced to accommodate the planned telecommunication equipment at a reasonable cost; or

(2)

The proposed small cell facility would cause interference impacting the usability of other existing telecommunication equipment at the site if placed on existing or approved wireless support structures, utility poles, electrical transmission towers, and/or structures with a height of fifty feet (50') or greater as documented by a qualified and licensed professional engineer, and that the interference cannot be prevented at a reasonable cost; or

(3)

Existing or approved wireless support structures, utility poles, and/or electrical transmission towers within a one-half (½) mile radius cannot accommodate the planned small cell facility at a height necessary to function reasonably as documented by a qualified and licensed professional engineer; or

(4)

The person has been unable to enter a commonly reasonable lease term with the owners of existing or approved wireless support structures, utility poles, electrical transmission towers, and structures with a height of fifty feet (50') or greater.

d.

Contents of Application: An application for a permit shall include the following:

(1)

The name, business address, and point of contact for the applicant.

(2)

The location address, and latitude and longitude of the proposed or affected wireless support structure or wireless service facility.

(3)

A construction plan.

(4)

A map identifying all property lines, right-of-way, roadways, sidewalks, above-ground and below-ground utilities, wireless support structures, utility poles, electrical transmission towers, and structures with a height of fifty feet (50') or greater within a one-half (½) mile radius of the proposed new wireless support structure.

(5)

The current zoning and use of the subject property.

(6)

The location, current zoning and use of abutting or adjoining properties.

(7)

The location of existing and proposed public utilities.

(8)

A non-refundable filing fee.

e.

Multiple Applications: Unless waived by the developmental services director at his discretion, an applicant may submit one application for the location or substantial modification of no more than five (5) small cell facilities and associated wireless support structures proposed for the same general location. The permit authority may issue a single permit for all such facilities and support structures included in the application rather than individual permits for each. No applicant may have more than five (5) applications under consideration by the development services director at any single point in time.

f.

Procedure: The development services director shall complete his review and approve or deny a completed application for:

(1)

Collocation of small cell and other wireless service facilities on any existing supporting structure within ninety (90) days of the date such an application is received;

(2)

Construction or installation of a new wireless service facility or wireless support structure within one hundred fifty (150) days of the date such an application is received; and

(3)

Modification of an existing wireless service facility or wireless support structure that does not substantially change the physical dimensions of such facility or structure within sixty (60) days of the date such an application is received.

The development services director may toll the running of the sixty (60), ninety (90) or one hundred fifty (150) days if he notifies the applicant within thirty (30) days of submission that its application is incomplete. The timeframes begin to run when an application is first submitted, not when it is deemed complete by the development services director. A determination of incompleteness tolls the timeframes only if the development services director provides notice to the applicant in writing within thirty (30) days of the application's submission, specifically delineating all missing information, and specifying the Code provision, ordinance, application instruction, or otherwise publicly-stated procedures that require the information to be submitted. Following an applicant's submission in response to a determination of incompleteness, the Development Services Director may reach a subsequent determination of incompleteness based solely on the applicant's failure to supply the specific information that was requested within the first thirty (30) days. The timeframes begin to run again when the applicant makes its supplemental submission; provided that the timeframes may be tolled again if the development services director notifies the applicant within ten (10) days that the supplemental submission did not provide the specific information identified in the original notice delineating missing information.

These timeframes may be extended beyond the sixty (60), ninety (90) or one hundred fifty (150) days by mutual written consent of the applicant and the development services director.

g.

Written Determinations: If the development services director determines the proposed wireless service facility or wireless support structure is consistent with previously-approved permits, the site's current zoning regulations, the requirements of this subsection E, and all other applicable federal and state statutes and regulations and city codes and ordinances, the Director is authorized to approve the application. A written determination shall state clearly the basis for the decision to approve or deny an application. If the development services director denies an application, the written notice must include a basis for the denial.

h.

Appeal: Any person whose application for a permit is denied shall have the right to appeal to the board of adjustment in compliance with section 11-4-6 of this title.

8.

Construction Requirements: All wireless service facilities, wireless support structures, and other related improvements constructed within the city shall comply with the following requirements:

a.

All wireless service facilities and wireless support structures shall be designed and constructed to conform to all applicable provisions of this subsection, other applicable ordinances and laws, the International Building Code, as amended, and the Federal Communications Commission (FCC), when applicable.

b.

All wireless service facilities and wireless support structures shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the International Building Code, as amended, and the Electronics Industry Association.

c.

All wireless service facilities and wireless support structures shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code, as amended.

d.

All wireless service facilities and wireless support structures shall be constructed to conform with the requirements of the Occupational Safety and Health Administration (OSHA).

e.

All wireless service facilities and wireless support structures shall be designed and constructed to conform to all applicable standards of the American National Standards Institute (ANSI) Manual, as amended.

9.

Signal Interference With City's Communication Infrastructure: In the event wireless service facilities interfere with the city's traffic signal system, public safety radio system, private police cell system, or other city communications infrastructure, the permit holder or facility owner shall promptly cease operation of the small cell facility causing such interference upon receiving notice from the city and refrain from operating such small cell facility in the future. The permit holder or facility owner shall respond to the city's notice to address the source of the interference as soon as practicable, but in no event later than twenty-four (24) hours of receiving notice.

10.

Interference With Operations and Liability:

a.

The city shall not be liable to a permit holder or facility owner for any damage caused by other providers with facilities sharing the same pole or for failure of a permit holder's or facility owner's wireless service facilities for whatever reason, including damage resulting from vehicular collisions, weather-related events, or malicious attacks.

b.

The city shall not be liable to a permit holder or facility owner by reason of inconvenience, annoyance, or injury to the permit holder's or facility owner's wireless service facilities or activities related thereto, arising from the necessity of repairing any portion of the public right-of-way, or from the making of any necessary alterations or improvements in, or to, any portion of the public right-of-way or in, or to, city's fixtures, appurtenances, or equipment. The city will use reasonable efforts not to cause material interference to the operation of the wireless service facilities.

11.

Continued Operation: A person receiving a permit for: a) construction of a new wireless support structure; b) substantial modification of a wireless support structure; or c) collocation of wireless service facilities inherently agrees:

a.

If the wireless support structure or wireless service facilities are not used for a period of six (6) consecutive months, they will be removed by the permit holder or facility owner at its expense.

b.

If the wireless support structure or wireless service facilities are installed in a location that is not in accordance with the plans approved by the city, do not comply with the provisions of this chapter, or render the public right-of-way non-compliant with applicable laws, including but not limited to the Americans With Disabilities Act, they will be removed by the permit holder or facility owner at its expense. If a permit holder or facility owner fails to remove any unauthorized wireless facility or any wireless facility that is located in an improper location within thirty (30) days after receiving written notice or the date required by the city, the permit holder or facility owner shall be subject to a penalty of up to five hundred dollars ($500.00) per day until the wireless facility is removed or relocated to the correct area within the permitted location.

c.

Should such permit holder or facility owner fail to remove the wireless support structure or wireless service facilities after ninety (90) business days from the date a Notice of Violation is issued by the city, the city may remove such structure or facilities and bill the permit holder and/or facility owner for the costs of removal and cleanup of the site.

12.

Maintenance:

a.

Repair: Whenever the installation, placement, attachment, repair, modification, removal, operation, use, or relocation of wireless service facilities, or any portion thereof, is required and such installation, placement, attachment, repair, modification, removal, operation, use, or relocation causes any property of the city to be damaged or to have been altered in such a manner as to make it unusable, unsafe, or in violation of any laws, the permit holder or facility owner, at its sole cost and expense, shall promptly repair and return such property to its original condition. If the permit holder or facility owner does not repair such property or perform such work as described in this subsection, then the city shall have the option to perform or cause to be performed such reasonable and necessary work on behalf of the permit holder or facility owner and to charge the permit holder or facility owner for the reasonable and actual costs incurred by the city. The permit holder or facility owner shall promptly reimburse the city for the costs.

b.

Graffiti Abatement: Each permit holder or facility owner shall remove all graffiti on any of its wireless service facilities located in the public right-of-way as soon as practical, but not later than ten (10) days from the date the permit holder or facility owner receives notice thereof.

c.

Tree Maintenance: Permit holders or facility owners and/or their contractors or agents shall obtain written permission from the city before trimming trees hanging over the permit holder's or facility owner's wireless service facilities to prevent branches of such trees from contacting wireless service facilities. When directed by the city, permit holders or facility owners shall trim such trees under the supervision and direction of the city. Permit holders and facility owners shall make all reasonable efforts to promote the health and well-being of any such trees, and shall not at any time trim trees in a manner that causes unsightly conditions to arise. The city shall not be liable for any damages, injuries, or claims arising from permit holders' or facility owners' actions under this subsection.

13.

Inventory:

a.

Permit holders shall maintain a list of its wireless service facilities located in the city and the utility as-builts for associated underground appurtenances and shall provide the city an inventory of the location and/or as-built of each such wireless facility and appurtenances upon request from the city. Upon the city's written request, permit holders shall provide the information within thirty (30) days of city's request. The inventory of wireless service facilities shall include GIS coordinates, date of installation, city pole ID number (if applicable), type of pole used for installation, pole owner, and description/type of installation for each wireless facility. With respect to wireless service facilities that become inactive, the inventory shall include the same information as active installations in addition to the date the wireless service facility was deactivated and the date the wireless service facility was removed from the public right-of-way. City may compare the inventory to its records to identify any discrepancies.

b.

In the event a permit holder's contact information changes and differs from the information provided on a permit application, permit holders and facility owners shall promptly provide updated contact information to the city for emergency purposes.

(Ord. 272, 4-2-1974; amd. Ord. 753, 5-7-1997; Ord. 2031, 12-21-2009; Ord. 2216, 6-5-2017; Ord. 2239, 3-26-2018; Ord. No. 2504, § 1, 5-12-2025)

A.

Description: Community services, cultural, educational, recreational, religious facilities, and certain residential facilities which are needed in residential areas to serve the residents or need a residential environment, but which may be objectionable to nearby residential uses. In addition, this section is to provide for the orderly development, within the city of Bixby, of community centers, commercial event centers and agricultural event centers, as these terms are defined.

These uses are permitted by specific use permit in some districts, by right but through the zoning clearance permit process in some districts, and prohibited in other districts as seen in subsection D, figure 1, "Zoning District Permit Requirements", of this section.

B.

Included Uses:

Agricultural event center.

Aquarium.

Art gallery, not operated for profit.

Children's nursery.

Church.

College.

Commercial event center.

Community center.

Cultural facility, NEC.

Day camp.

Emergency and protective shelter.

Golf course.

Hospital.

Library.

Marina.

Medical marijuana education facility. (See specific use permit matrix, section 11-13-6 of this title.)

Mega event.

Museum.

Planetarium.

Private club or lodge, the chief activity of which is a service not carried on as a business.

Public park.

Public tennis court.

Residential treatment center.

Schools, offering a compulsory curriculum.

Transitional living center.

University.

C.

Use Conditions:

1.

Churches: Churches when located within an AG or R district:

a.

Minimum lot area of one acre and minimum lot width of one hundred feet (100').

b.

No parking shall be permitted within a required front yard.

2.

Schools: High schools shall have their principal vehicular entrance and exit on an arterial street.

3.

College, University, Hospital: A minimum site area of one acre shall apply.

4.

Residential Treatment Center, Transitional Living Center, Emergency or Protective Shelter: To avoid clustering, a residential treatment center, transitional living center or emergency or protective shelter shall not be located on a lot within one-fourth (¼) mile (1,320 feet) from any other lot containing such facilities or any lot containing a neighborhood group home, community group home or detention/correctional facility.

5.

Screening: The uses included in use unit 5, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Permit Requirements: The permit requirements for a community center, commercial event center, and agricultural event center is set forth in figure 1, "Zoning District Permit Requirements", of this subsection. If the zoning district is not represented, it is not allowed in that district.

E.

Development and Operational Standards: The following development and operational standards shall apply to community center, commercial event center, agricultural event center, as specified. If specific regulations are not set forth herein then this Code, any applicable city standards and proper forms/processes shall apply.

1.

Parking: A community center, commercial event center and agricultural event center shall provide parking at a ratio of one parking space for each two and one-half (2½) guests allowed on-site and one parking space for each permanent employee. No off-site parking is permitted unless approved by a specific use permit or through the zoning clearance permit process. Surfacing shall be all-weather surfacing (e.g., aggregate base, chip seal, asphalt, concrete) and capable of supporting a forty thousand (40,000) pound vehicle load.

2.

Access Standards:

a.

Access roads to community center, commercial event center or agricultural event centers shall comply with this Code, state and local fire safe standards as determined by the city of Bixby and city of Bixby Fire Department.

b.

If a community center, commercial event center or agricultural event center is accessed from a County-maintained roadway, or a state-maintained highway, additional permits may be required to address ingress, egress and sight-distance requirements.

c.

If an agricultural event center is accessed by a private road, the applicant shall provide an affirmative written statement of the legal right to access and use said road for the purposes requested in the application and as may be conditioned. Said statement shall be supported by written approval of two-thirds (⅔) of the property owners served by the private road. Both shall be included with the initial application submittal. Applicant shall include with said statement the proposal for road maintenance or provide evidence of an existing road maintenance agreement. Applicant shall be required to indemnify the proper authority for any claims resulting from said road access, which requirement shall be included as a condition of approval of the permit.

3.

Setbacks: Agricultural event centers shall be required to have all outdoor activities associated with the agricultural event center (with the exception of parking) a minimum of two hundred feet (200') from the exterior property lines or as specified by the specific use permit.

4.

Event Size:

a.

Community center: as specified by the specific use permit.

b.

Commercial event center: as specified by the specific use permit.

c.

Agricultural event center: shall be allowed a maximum event size as specified by the specific use permit.

d.

Mega event size shall be determined during public hearing at city council.

5.

Number of Events:

a.

Community center: as specified by the specific use permit.

b.

Commercial event center: as specified by the specific use permit.

c.

Agricultural event center: as specified by the specific use permit.

6.

Hours of Operation:

a.

Community center: as specified by the specific use permit.

b.

Commercial event center: as specified by the specific use permit.

c.

Agricultural event center shall be allowed to operate from ten o'clock (10:00) a.m. to twelve o'clock (12:00) midnight on Friday and Saturday and from ten o'clock (10:00) a.m. to eight o'clock (8:00) p.m. Sunday through Thursday, or as specified by the specific use permit.

7.

Noise Regulations:

a.

Commercial Center: All types of commercial event centers shall be subject to this Code (Noise Ordinance).

b.

Agricultural Event Center: All types of agricultural event centers shall be subject to this Code (Noise Ordinance) and shall be required to reduce the noise level to twenty (20) decibels or less at the event center's exterior property lines.

8.

Lighting: All lighting for agricultural event centers shall be consistent with the city of Bixby Code requirements.

9.

Food Regulations:

a.

Community center: as specified by Tulsa County Health Department.

b.

Commercial event center: as specified by Tulsa County Health Department.

c.

Agricultural event center: as specified by Tulsa County Health Department and if a commercial kitchen is approved with the event center, it shall only be used in conjunction with on-site events. Restaurants are not allowed as part of an agricultural event center.

10.

Special Notice Requirements: Agricultural event centers shall be required to post a permanent identification sign no less than two feet by two feet and no larger than four feet by four feet in a location commonly accessible to adjoining property owners (e.g., clustered mailboxes or at the entrance to the property where that agricultural event center is located). The agricultural event center owner is required to post a notice on said sign three (3) days prior to an event with an eight inch by eleven inch poster stating the time and date of an event. The permanent sign shall have a contact phone number that people can call during the event if an issue arises and the phone line shall be manned at all times by a live person during the event. Additionally, it shall have the phone number of the city of Bixby Police Department or Tulsa County Sheriff's Department and the city of Bixby Code Enforcement Division.

F.

Off Street Parking and Loading Requirements:

(Ord. 2282, 6-10-2019; amd. Ord. 2286, 8-12-2019)

A.

Description: Single-family detached dwelling and similar uses.

B.

Included Uses:

Foster home.

Neighborhood group home.

Single-family detached dwelling.

C.

Use Conditions:

1.

Neighborhood Group Home:

a.

Must be licensed by the state department of environmental quality, and meet contracting standards of the state department of human services, for group homes for mentally retarded persons.

b.

No building may be occupied after the effective date of this amendment until a zoning clearance permit is obtained. This permit will be revoked automatically upon revocation of the State license.

c.

No signs advertising the neighborhood group home shall be permitted on the lot.

d.

No exterior alterations of the dwelling or any customary accessory structure shall be made which would detract from the residential character of the structure. Fire escapes, if required, must be located on the rear of the structure if architecturally feasible, or on the side of the structure and screened.

e.

To avoid clustering, a neighborhood group home shall not be located on a lot within one-fourth (¼) mile (1,320 feet) of any other lot containing a neighborhood group home, a community group home, a residential treatment center, a transitional living center, an emergency or protective shelter, or detention/correctional facility.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974)

A.

Description: Duplex dwelling.

B.

Included Uses: Duplex dwelling.

C.

Use Conditions: None.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974)

A.

Description: Single-family attached townhouse dwelling.

B.

Included Uses: Single-family attached townhouse dwelling.

C.

Use Conditions: A single-family attached townhouse dwelling unit shall:

1.

Be affixed to a permanent foundation as approved by the building inspector.

2.

Utilize customary residential exterior finishing materials as approved by the building inspector.

3.

Have a core area of living space in each dwelling unit at least twenty feet by twenty feet (20' × 20') in size, exclusive of an attached garage.

4.

Meet all other city codes and ordinances.

5.

Be located on a separate lot within a townhouse development unit containing at least three (3) lots, a subdivision plat for the same having been duly recorded in the office of the county clerk.

6.

Be attached by a common party wall or walls to another townhouse dwelling unit unless approved in a PUD. Common walls to be approved by the building inspector and fire marshal.

7.

Not be located above another dwelling unit.

D.

Off Street Parking and Loading Requirements:

(Ord. 844, 1-28-2002; amd. Ord. 2031, 12-21-2009)

A.

Description: Multi-family dwellings and similar uses.

B.

Included Uses:

Apartment.

Community group home.

Convent, monastery, novitiate.

Elderly/retirement housing.

Fraternity or sorority house.

Life care retirement center.

Multi-family dwelling.

Nursing home.

Rooming/boarding house.

C.

Use Conditions:

1.

Intensity of Use:

a.

Fraternity, Sorority, Rooming/Boarding House: In the determination of the applicable bulk and area requirements, a fraternity, sorority, or rooming/boarding house, shall be considered a multi-family dwelling, with each six hundred (600) square feet of floor area constituting a one bedroom dwelling.

b.

Convent, Monastery and Novitiate, Community Group Home, Life Care Retirement Center and Nursing Home: The maximum floor area ratio is .5.

c.

Convent, Monastery, Novitiate: A minimum site area of one acre shall apply.

2.

Community Group Home:

a.

Must be licensed by the state department of environmental quality, and meet contracting standards of the state department of human services for group homes for mentally retarded persons.

b.

No building may be occupied after the effective date of this amendment until a zoning clearance permit is obtained. This permit will be revoked automatically upon revocation of the State license.

c.

No exterior alteration of the dwelling or any customary accessory structure shall be made which would detract from the residential character of the structure. Fire escapes, if required, must be located on the rear of the structure if architecturally feasible or on the side of the structure and screened.

d.

To avoid clustering, a community group home shall not be located on a lot within one-fourth (¼) mile (1,320 feet) of any other lot containing a neighborhood group home, a community group home, a residential treatment center, a transitional living center, an emergency or protective shelter, or detention/correctional facility.

3.

Life Care Retirement Center: The nursing facility or medical facility must be licensed by the state department of environmental quality, as an intermediate care facility or as a skilled nursing home.

4.

Nursing Home: The nursing home must be licensed by the state department of environmental quality, as an intermediate care facility or as a skilled nursing home.

5.

Elderly/Retirement Housing: Design requirements for elderly/retirement housing include as a minimum: a) elevators for multi-family structures other than townhouses over one story in height; b) emergency alarm systems in every dwelling unit; and c) safety "grab bars" in bathrooms.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 2031, 12-21-2009)

A.

Description: Manufactured home dwelling.

B.

Included Conditions: Manufactured home dwelling.

C.

Use Conditions: The manufactured home dwelling, when located within an RMH district and located on a lot which is abutting an RE, RS or RD district, shall be screened from the abutting RE, RS or RD district by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof, along the lot line or lines in common with the RE, RS or RD district. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 2031, 12-21-2009; amd. Ord. 2242, 6-11-2018)

A.

Description: Off street parking areas which are principal uses.

B.

Included Uses: Off street parking areas.

C.

Use Conditions: Off street parking areas shall conform to the design, lighting and improvement requirements for off street parking contained in chapter 10 of this title.

D.

Off Street Parking and Loading Requirements: Not applicable.

(Ord. 272, 4-2-1974)

A.

Description: Offices, studios, medical and dental laboratories, and certain other compatible or supporting services.

B.

Included Uses:

Abstract company.

Advertising agency.

Artist's studio.

Broadcasting or recording studio.

Computing service.

Copying service.

Data processing service.

Dental offices, clinics and laboratories.

Design offices or studios, including architecture, engineering and related services.

Drafting service.

Employment agency.

Financial institution, other than pawnshop.

Funeral home.

General business offices, excluding on premises sale of merchandise.

Interior design consultant (no retail sales).

Medical offices, clinics and laboratories.

Optician or optical laboratories.

Photography studio.

Prescription pharmacy; provided, that no sundry or other merchandise is sold or offered for sale.

Studio or school for teaching ballet, dance, drama, fine arts, music, language, business or modeling.

Transportation ticket office.

Travel agency.

C.

Use Conditions: The uses included in use unit 11, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 779, 8-10-1998; Ord. 2031, 12-21-2009; Ord. 2242, 6-11-2018)

A.

Description: Eating places offering on premises consumption of food and drink within the principal structure and/or providing carryout service if no curb service is provided, and if no in car on premises consumption is permitted. Use unit 12 is established in recognition of the desirability of providing dining facilities in certain environments in which commercial facilities of a higher use intensity would be objectionable.

B.

Included Uses: Eating places, such as cafeteria, coffee shop, delicatessen and restaurant.

C.

Use Conditions: The uses included in use unit 12, when located within a district other than an R district and located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 2242, 6-11-2018)

A.

Description: Retail trade and service establishments which are desirable conveniences in certain residential and office districts. Use unit 13 is established to permit the location of convenience goods and services in certain environments in which commercial facilities of a higher use intensity would be objectionable.

B.

Included Uses:

Retail trade establishments:

Drugstore.

Florist.

Food: bakery, candy and confection and/or nut store, food specialty store, grocery, health food store, ice cream store.

Gift, novelty, souvenir shop.

Liquor store.

Medical marijuana dispensary.

Newsstand.

Service establishments: dry cleaning and/or laundry (pick up), barber and/or beauty shop.

Tobacco store.

C.

Use Conditions:

1.

In the CS district, there shall be no open air storage or display of merchandise offered for sale within three hundred feet (300') of an abutting R district.

2.

The uses included in use unit 13, when located within a district other than an R district, and located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 2242, 6-11-2018; Ord. 2286, 8-12-2019)

A.

Description: Retail establishments engaged in the merchandising of shopping goods and services.

B.

Included Uses:

Retail building material establishments, exclusive of fabrication or repair:

Building materials.

Electrical supplies.

Plumbing fixtures.

Retail trade establishments:

Antique shop.

Art gallery, commercial.

Artist supply store.

Automobile parts and accessories store.

Bicycle shop.

Bookstore.

Business and office machine sales establishment.

Camera and photographic supply store.

Clothing and accessories store.

Cosmetic shop.

Department store.

Dressmaking shop.

Dry goods store.

Fitness center/health club.

Fur storage.

Furriers.

Garden supply store.

Hardware store.

Hobby shop.

Home furnishings establishment, selling such items as: appliances, china, glassware and metalware, draperies, curtains, upholstery, floor coverings and furniture.

Jewelry store.

Leather goods and luggage store.

Medical, dental and orthopedic appliances and supply store.

Musical instrument and supply store.

Office furnishing establishment.

Office supplies store.

Paint store.

Pawnshop.

Pet shop.

Phonograph and record shop.

Radio and TV sales.

Shoe repair shop.

Spa/massage therapy.

Sporting goods store.

Stationery store.

Tailor shop.

Toy shop.

Variety store.

Wallpaper store.

Wig shop.

Service establishments:

Caterer.

Costume rental service.

Gasoline service stations.

Gunsmith.

Household appliance repair.

Interior decorating, with retail sales.

Laundromat, self-service, coin operated.

Locksmith.

Photo finishing.

Radio and television repair.

Veterinarian clinic, excluding outside animal runs.

Watch and jewelry repair.

C.

Use Conditions:

1.

In the CS district, there shall be no open air storage or display of merchandise offered for sale within three hundred feet (300') of an abutting R district.

2.

The uses included in use unit 14, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. 2006 Code; Ord. 994, 4-14-2008; Ord. 2031, 12-21-2009; Ord. 2242, 6-11-2018)

A.

Description: Trade establishments primarily providing business and household maintenance goods and services ordinarily not found in the primary retail districts because of differing market and site requirements.

B.

Included Uses:

Business services:

Armored car service.

Contract construction service:

Air conditioning.

Carpentry.

Decorating.

Electrical.

Furnace cleaning.

Landscaping.

Painting.

Paperhanging.

Plastering.

Plumbing.

Sign painting.

Tile setting.

Personal services:

Auctioneer.

Bindery.

Cabinetmaker.

Drapery service.

Frozen food locker.

Kennel.

Linen supply.

Packing and crating of household and other similar goods.

Rug cleaning.

Taxidermist.

Woodworking shop.

Repair services:

Armature rewinding service.

Business machine repair.

Computer repair.

Data processing machine repair.

Electrical repair service.

Furniture.

Household appliances.

Mattresses and pillows.

Reupholstery.

Rug repair.

Schools:

Barber.

Beauty.

Trade.

Service establishments:

Building services.

Disinfecting and exterminating services.

Janitorial service.

Window cleaning.

Trade establishments, including incidental fabricating, processing, installation and repair:

Air conditioning and heating.

Bait shops.

Bakery, wholesale.

Bottled gas.

Carpeting.

Decorating.

Fence.

Fuel oil.

General merchandising establishment, NEC.

Glass.

Greenhouse, retail sales.

Heating equipment.

Ice plant.

Lumberyard.

Model homes (for display only).

Monument, excluding shaping.

Plastic materials.

Plumbing shop.

Portable storage building, sales.

Printing and publishing.

Reproduction services.

Vending machines, sales and services.

Other services:

Dry cleaning/laundry, including coin operated (3,000 square feet maximum floor area).

C.

Use Conditions: The uses included in use unit 15, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 2242, 6-11-2018)

A.

Description: A structure(s) which contains separate, small size, self-service storage facilities leased or rented to individuals or small businesses. These facilities are designated to accommodate access only from regular size passenger vehicles and two-axle trucks and customary one- and two-axle hauling trailers. See definition of "ministorage" in this title.

B.

Included Uses: Ministorage.

C.

Use Conditions:

1.

The following use conditions shall apply in all districts in which ministorage is authorized, but shall not apply in I industrial districts, which shall be governed by the bulk and area standards of the particular I industrial district in which located.

2.

The building height shall be limited to twelve feet (12'), provided however:

a.

If the facilities contain an accessory dwelling to be used for management and security purposes, the height of the dwelling shall not exceed thirty-five feet (35').

b.

Decorative roofs, chimneys, poles, spires, towers, and other decorative and architectural projections not used for human occupancy may extend above the height limit, provided, the same shall not exceed thirty-five feet (35').

3.

Along all property lines adjoining or visible from an adjoining public street or any R or O district:

a.

All building walls shall consist of masonry construction using brick, stone, stucco or concrete tilt-up panels. Metal or standard (smooth) concrete block exterior walls are not permitted on such exterior walls.

b.

Buildings shall be so screened from by the erection and maintenance of permanent opaque walls or fences that it cannot be seen from adjoining streets or lots in any district when viewed by a person standing on ground level; provided, however, that no screening in excess of eight feet (8') in height shall be required. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

c.

Continued maintenance of required screening in good repair shall be a continuing condition of occupancy.

4.

Open air storage shall be prohibited.

5.

The floor area ratio (FAR) shall not exceed 0.5.

6.

The maximum size of individual storage areas shall be five hundred (500) square feet, provided, however, larger storage areas may be permitted up to seven hundred (700) square feet, subject to the procedural and substantive requirements for a special exception.

7.

No hazardous, toxic or explosive materials are permitted to be stored in such facilities.

8.

Signage shall comply with the use unit 21 provisions for the zoning district in which located.

9.

Commercial warehousing, storage of commercial business materials, retail sales, business and personal services, and residential occupancy shall be prohibited.

10.

Lights shall not be located closer than twenty feet (20') to any property line that adjoins a residential district or use. All lighting shall be arranged so that there will be no annoying glare directed or reflected toward adjacent property.

11.

A single living quarters for caretakers and/or security personnel is permitted.

12.

Ministorage buildings shall be spaced not closer than thirty feet (30') or as otherwise required by the fire marshal.

13.

When permitted by PUD, in determining its appropriateness for ministorage use, due consideration shall be given to the subject property's frontage, configuration, size, and the character of the surrounding area. Properties with less frontage, smaller acreages, tract configurations which do not lend themselves to other commercial or other uses, and locations with good accessibility but removed from existing or planned high activity commercial areas shall be considered more suitable for ministorage use.

14.

When developed as a mixed use development, the planning commission shall determine the appropriate percentage of land to be devoted to ministorage and to the other use, and whether the ministorage component will be permitted to be constructed first.

D.

Off Street Parking and Loading Requirements:

E.

Detailed Site Plan Approval Required: Notwithstanding any similar requirement located elsewhere in this Code, by reason of potential adverse effects on public services or to neighboring land uses, in all districts except I industrial districts, planning commission approval of a detailed site plan shall be required for all ministorage developments for the purpose of assuring proper accessibility, circulation, functional relationships of uses, and compatibility with adjoining and nearby development. No building permit shall be issued nor use commenced within this development except in accordance with an approved detailed site plan.

Detailed site plan approval shall be contingent upon demonstration of good design in regard to the following functional and appearance criteria:

1.

Appearance/design;

2.

Building materials;

3.

Landscaping;

4.

Fencing;

5.

Signage;

6.

Lighting;

7.

Accessory buildings.

(Ord. 994, 4-14-2008; amd. Ord. 2242, 6-11-2018)

A.

Description: Automotive and allied activities.

B.

Included Uses:

Sales:

Agricultural implement sales.

Aircraft sales.

Automobile sales, new and used.

Boat sales.

Camper sales.

Manufactured home sales.

Motorcycle sales.

Truck sales.

Services:

Auto wash.

Automobile rental.

Oil and lubrication service.

Overnight campgrounds for recreational vehicles.

Tune up service.

Vehicle repair and service (except painting).

C.

Use Conditions:

1.

The uses included in the use unit 17, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

2.

Within the CS district, there shall be no open air storage or display of merchandise offered for sale within three hundred feet (300') of an adjoining R district.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 994, 4-14-2008; Ord. 2031, 12-21-2009; Ord. 2242, 6-11-2018)

A.

Description: Eating establishments providing curb service or offering food and drink for on premises consumption within parked motor vehicles, or permitting the on premises consumption of food or drink within parked motor vehicle or outside the principal structure.

B.

Included Uses: Drive-in restaurants.

C.

Use Conditions: The uses included in use unit 18, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 2242, 6-11-2018)

A.

Description: Commercial amusement establishments ordinarily not requiring large sites and which have use characteristics permitting their location in or near developed commercial trade areas.

B.

Included Uses:

Billiard parlor.

Bowling alley.

Brewpub - not allowed in CS, allowed by right in CG, CH and Industrial zoned areas.

Drinking establishment - not allowed in CS, allowed by specific use permit in CG and CH zoned areas and by right in Industrial zoned areas.

Enclosed commercial recreation establishments, NEC.

Gymnasium.

Hotel.

Motel.

Racquetball club.

Rifle range (enclosed).

Skating rink (enclosed).

Slot car track.

Swimming pool (enclosed).

Tennis club.

Video games.

C.

Use Conditions: The uses included in use unit 19, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 2031, 12-21-2009; Ord. 2242, 6-11-2018; Ord. 2274, 4-22-2019)

A.

Description: Commercial recreation, facilities, the principal activities of which are usually open air, located in undeveloped, outlying sections of the city.

B.

Included Uses:

Amusement activities, NEC.

Arena.

Drag strip.

Drive-in theater.

Fairground.

Frisbee golf course.

Go-cart track.

Golf course.

Golf driving range.

Miniature auto track.

Outdoor recreation, NEC.

Race tracks: auto, dog, horse, NEC.

Rodeo grounds.

Skateboard track.

Stadiums, NEC.

Tennis courts.

Water slide.

C.

Use Conditions: The uses included in use unit 20, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 2242, 6-11-2018)

A.

Description: Business signs.

B.

Included Uses: Business signs.

C.

General Use Conditions for Business Signs:

1.

No sign shall be located within forty feet (40') of an R district if visible from such district, unless such R district is a freeway or highway right-of-way. In such cases, no portion of the sign shall be within ten feet (10') of a freeway or highway right-of-way.

2.

Only one side of double faced signs shall be included in the computation of display surface area.

3.

The following signs shall not be prohibited by this chapter and, in addition, shall not be included in the computation of display surface area:

a.

Nameplates attached to the face of the wall and not exceeding two (2) square feet in surface area.

b.

Temporary real estate signs from Friday afternoon at five o'clock (5:00) p.m. through Sunday afternoon at five o'clock (5:00) p.m., without restriction or reservation to the signage. Any such sign being put into place prior to five o'clock (5:00) p.m. on Friday or continuing beyond five o'clock (5:00) p.m. on Sunday shall be determined to be in violation of this Code, and subject the offending party to restriction of such signage following the violation of this Code, and further providing that the prohibition/restriction to the offending party for utilization of real estate signage shall be in place for thirty (30) days. In addition to the offending party being the subject of the foregoing restraint, such offending party shall be subject to the fine of up to two hundred dollars ($200.00) and costs.

c.

Temporary construction signs may be located on each arterial street frontage of the development. The sign shall not exceed one-half (½) of a square foot for each linear foot of arterial street frontage; provided, however, that in no event shall the sign be restricted to less than thirty-two (32) square feet nor be permitted to exceed four hundred (400) square feet of display surface area. Sign shall be removed at seventy-five percent (75%) buildout. Failure to remove signs may cause the offending party to be subject to a fine of up to two hundred dollars ($200.00) and costs, with each day of continuing violation being a separate offense.

d.

Signs which are not visible from a public street.

e.

Signs painted on glass surfaces of windows or doors, pertaining to the business conducted therein, which are in place for sixty (60) days or less. After sixty (60) days, such signs shall be restricted to the display surface area limitations for the district in which located.

f.

Tablets built into the wall of a building or other structure and used for inscriptions or as memorial tablets or for similar purposes.

g.

Signs of warning, directive or instructional nature erected by a public utility, franchised transportation company or governmental agency.

h.

Legal notices and street numbers.

i.

Election campaign signs, if erected not more than forty-five (45) days prior to an election and removed within forty-eight (48) hours following the election.

j.

Signs located within a building.

k.

Signs, not exceeding three (3) square feet of display surface area, of a warning, directive or instructional nature, including entrance, exit and restroom signs.

l.

Signs which are attached labels of a commodity offered for sale.

m.

Signs on accessory equipment or structures, including, but not limited to, satellite dishes, air conditioners and fences, identifying the manufacturer, make and model, shall be limited to fourteen and four-tenths (14.4) square inches for each piece of equipment or structure.

4.

In computing permitted display surface area, the linear footage of an abutting nonarterial street shall not be combined with the linear footage of any abutting arterial street which is located in the computation of permitted display surface area.

5.

Ground signs shall be set back from the centerline of an abutting street one-half (½) the right-of-way width designated on the major street plan or twenty-five feet (25') if the street is not designated on the major street plan.

6.

Signs that have not been issued a sign permit shall not be located in any district.

7.

Permits for promotional business signs such as tinsel, advertising flags, searchlights, balloons and banners, shall be limited to four (4) per year for each business location. Such permit shall authorize the use of the sign for a period of ten (10) days.

8.

Except for wall, canopy and promotional business signs, the maximum number of signs per lot of record shall be as follows:

a.

CS and IL districts: One per one hundred fifty feet (150') of arterial street frontage or a fraction thereof.

b.

CG and CH districts: One per one hundred feet (100') of arterial street frontage or a fraction thereof.

c.

IR, IM and IH districts: One per two hundred feet (200') of arterial street frontage or a fraction thereof.

9.

Any roof, projecting, ground, outdoor advertising or portable sign shall maintain a minimum separation of forty feet (40') from any other roof, projecting, ground, outdoor advertising or portable sign.

10.

Roof signs are prohibited from and after the effective date hereof. Existing roof signs may continue as regulated by chapter 11 of this title. Existing roof signs shall be included in the computation of permitted display surface area, number of signs per lot, and spacing of signs.

11.

Wall, canopy or projecting signs shall not extend above the top of the parapet or building wall on which it is located; provided, however, that in the instances where the height of the parapet or building wall, or where construction or architectural features will not permit a wall sign of at least three feet (3') in height, a wall sign may extend above the parapet or building wall a distance which will permit a sign of at least three feet (3') in height.

D.

CS District Use Conditions for Business Signs:

1.

A ground sign shall not exceed thirty feet (30') in height, measured from the mean curb level of the lot upon which it is erected, unless in addition to the minimum setback prescribed in subsection C.5. of this section, the sign is set back one foot (1') for each foot of height exceeding thirty feet (30'); provided the sign shall not exceed fifty feet (50') regardless of setback.

2.

Wall and canopy signs shall not exceed an aggregate display surface area of three (3) square feet per each linear foot of the building wall to which the sign or signs are affixed.

3.

Other signs, including, but not limited to, roof, projecting, ground and portable (except wall, canopy and promotional business signs), whether permitted as provided herein or nonconforming, shall not exceed an aggregate display surface area of two (2) square feet per each linear foot of street frontage if only one such sign is erected, and shall not exceed one square foot per each linear foot of street frontage if more than one sign is erected.

E.

CG, CH, IL, IM, and IH Use Conditions for Business Signs:

1.

Signs, whether permitted as provided herein or nonconforming, except wall, canopy and promotional business signs, shall not exceed an aggregate display surface area of three (3) square feet per each linear foot of street frontage if only one such sign is erected and shall not exceed two (2) square feet per each linear foot of street frontage if more than one such sign is erected.

2.

Wall and canopy signs shall not exceed an aggregate display surface area of three (3) square feet per each linear foot of the building wall to which the signs are affixed.

F.

Outdoor Advertising Signs:

1.

There shall be no commercial outdoor advertising signs (billboards) permitted within the city.

2.

"Outdoor commercial advertising signs" are defined as those signs which are off premises from the property (business location) which is sought to be promoted or identified by the placement of such sign.

3.

Off site commercial advertising signs (billboards), which are in place prior to July 1, 2002, shall be permitted for so long as they comply with other city ordinances governing and pertaining to the placement and use of such signs as permitted prior to the enactment of this subsection.

G.

Portable Signs:

1.

A "portable sign" is defined as any sign not permanently attached to the ground or to a building or building surface, including signs that are designed to be mobile and moved from one location to another. Portable signs are considered temporary signs.

2.

Excepted from this subsection are all residential neighborhood signs.

3.

A portable sign may be granted by sign permit, allowing the maintenance of a portable sign in excess of any other signage as permitted by this title, subject to the following use conditions:

a.

No portable sign shall be displayed prior to obtaining a sign permit.

b.

Each portable sign permit shall be effective for a period of time not to exceed thirty (30) days, provided that the permit may be renewed for up to three (3), consecutive thirty (30) day periods, for a total of one hundred twenty (120) days per calendar year.

c.

A singular sign permit application may be accepted for multiple properties.

d.

A portable sign shall not be placed in the road right-of-way.

e.

The portable sign shall be maintained in good repair and have a clean and neat appearance.

f.

The portable sign shall not have blinking or flashing lights or have other attention attracting devices.

g.

Illumination, if any, shall be by constant, nonmoving light source, which is shielded as to not be visible at eye level.

h.

Any electrical portable sign shall comply with the electrical code, as adopted by the city.

i.

No more than one portable sign shall be permitted for each one hundred fifty feet (150') of public street frontage, provided that each property shall be permitted a minimum of one sign.

j.

Portable sign permits shall be approved only for placement of a sign on property owned by the applicant or agreed to by the property owner, in writing, submitted at the time of application.

H.

Noncommercial Signs: Nothing contained in this title shall prevent the use of the permitted display surface area, in whole or in part, on any sign authorized by this title and wherever located, from being used for a noncommercial message.

1.

Noncommercial Signs on Public Property. The purposes of this section are as follows:

a.

To accommodate the need for full expression of noncommercial ideas and messages in a forum freely accessible to the public at minimal cost;

b.

To minimize the threats to traffic safety posed by distracting signs on and along city streets;

c.

To avoid the blighting effect of randomly placed temporary signs cluttering public spaces;

d.

To harmonize the city's policy of promoting freedom of speech with its comprehensive program of aesthetic protection and beautification;

e.

To prevent interference with the normal and primary uses of public objects;

f.

To minimize windblown litter;

g.

To prevent damage to public property;

h.

To assure equal access to temporary signs by all persons seeking to use them.

2.

Permitted Signs. Noncommercial signs may be placed on public property only on public light and utility poles, kiosks and public bulletin boards as provided in this section. Signs found to violate this section may be summarily removed by anyone.

a.

Each sign must state the name and address of the person responsible for its placement and the date of its placement.

b.

Each sign must be capable of being removed without marring or otherwise damaging the object to which it is attached.

c.

No sign may be affixed with glue or any other substance except tape.

d.

No portion of a sign may protrude from the edge of the object to which it is attached.

e.

Signs in the city of Bixby Downtown or identified Corridor Appearance Districts must be placed on the information kiosks designed and maintained for that purpose and not elsewhere; noncommercial banners may be installed by city employees pursuant to procedures adopted by the city council and are exempted from the requirements of subsections (a) and (d) of this section.

f.

Signs authorized by this chapter may not exceed fourteen inches in their longest dimension.

g.

Only one copy of a single sign may be posted on any one light or utility pole.

3.

Prohibited Signs. The following signs are prohibited on public property:

a.

Commercial signs;

b.

Signs placed on any building, fence, fire alarm, utility guy wire, support wire, traffic sign, signal or standard, or on any tree or shrub;

c.

Signs placed on or over any portion of another lawfully placed sign.

4.

Removal of Signs. All signs placed in conformity with this chapter must be removed as follows:

a.

Torn, tattered or damaged signs must be immediately removed or replaced.

b.

Signs relating to political campaigns or civic events must be removed within seven (7) days following the election or event.

5.

Penalty for failure to remove. Signs found to violate any portion of this chapter may be removed by the city of Bixby. The person or group responsible for placing the sign or causing it to be placed may be billed for the cost of its removal and the cost of billing and bill collection.

6.

Penalty for violation. Violation of this chapter is an infraction. Each sign placed in violation or allowed to remain beyond the time specified for removal shall constitute a separate offense for purposes of this section. This remedy is in addition to, and not exclusive of, the remedy provided above. Violation may be punishable by a fine of one hundred dollars ($100.00) per day plus court costs.

7.

Evidence establishing responsibility for posting of commercial signs in violation of this chapter. For purposes of establishing responsibility for posting of commercial signs in violation, information that appears on any sign such as, but not limited to, the following, may be used as evidence to establish the fact, and may create an inference, that a person or entity is responsible for the posting of the sign, picture, transparency, advertisement, or mechanical device:

a.

The name, telephone number, address, or other identifying information of the owner or lessee of property used for a commercial activity or event.

b.

The name, telephone number, address, or other identifying information of the sponsor or promoter of a sporting event, concert, theatrical performance, or similar activity or event.

8.

Removal of nonconforming signs.

a.

Signs which do not conform to this section or any permit issued under this section may be summarily removed by the city upon discovery of the nonconformance.

b.

Any sign, display, device or other message permitted, but not required, under this code or ordinances of the city may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity, service or property for sale or rent, and that complies with all other requirements of this code and other ordinances of the city.

I.

Sports facility sponsorship signs:

1.

Sports facility sponsorship signs are permitted, without regard to in all zoning districts, as accessory uses at the following places: golf courses; municipal ballparks; basketball courts; baseball fields, soccer fields, operated under a long-term agreement by an established organization; and baseball, softball, soccer, and La Crosse fields at Bentley Park.

2.

Sports facility sponsorship signs are subject to the following required standards:

a.

Signs at golf courses shall be integrated with the hole identification signs located at tee boxes and the sponsorship component of such signs shall not exceed two (2) square feet.

b.

Signs at baseball, softball, and soccer fields shall be on the outfield fences or the scoreboard or both and oriented toward the field of play. Such signs shall not exceed twenty-four (24) square feet per sign face, except at Benteley Park, the municipal ballpark, where larger signs are permitted.

c.

Each sign shall primarily provide identifying information for a sponsor such as name, address, telephone number, or logo; any product advertising shall be incidental and secondary to sponsor identification.

d.

However, at Benteley Park the municipal ballpark, product advertising signs are permitted.

e.

Signs shall not be illuminated except by the regular sports facility lighting during hours of use.

f.

Signs shall be maintained in good condition.

g.

Signs at facilities owned and managed by Bixby Parks and Recreation shall also be subject to general standards for regulating sports facility sponsorship signs.

J.

Off Street Parking and Loading Requirements: Not applicable.

(Ord. 272, 4-2-1974; amd. Ord. 852, 7-8-2002; amd. 2006 Code; Ord. 999, 6-9-2008; Ord. 2050, 12-13-2010; Ord. 2069, 11-28-2011; Ord. 2303, 3-23-2020)

A.

Description: Facilities for scientific research, development and testing, which are customarily located on large, landscaped sites and the operation of which does not produce objectionable environmental effects.

B.

Included Uses: Enclosed scientific research, testing and development.

C.

Use Conditions:

1.

The uses included in use unit 22, when located in an IR district, shall be conducted within enclosed buildings.

2.

The uses included in use unit 22, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 2242, 6-11-2018)

A.

Description: Facilities for scientific and technological research, development, testing and manufacturing which are customarily located on large, landscaped sites and the operation of which does not produce objectionable environmental effects by reason of the emission of odor, heat, smoke, noise or vibration.

B.

Included Uses: The uses included in use unit 22A, when located in an ST district, shall be located within enclosed buildings:

Business machine repair services.

Computer repair services.

Computer supplies services.

Electronic repair services.

Medical marijuana research facility.

Medical marijuana testing laboratory.

Printing and publishing.

Reproduction services.

Scientific and technological research, testing, development and manufacturing, assembly or fabrication of electronic, scientific or technical equipment.

C.

Use Conditions:

1.

The uses included in use unit 22A, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection of a screening wall or fence or sufficient landscape, or combination screening by wall, fence and/or landscape along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

2.

No outdoor storage of materials, supplies, equipment or products shall be permitted, unless granted a special exception by the board of adjustment.

D.

Off Street Parking and Loading Requirements:

E.

Other Requirements:

1.

Only vehicles which are accessory to permitted principal uses on the lot shall be permitted to be parked on the lot. Such vehicles shall include customer's vehicles, repair or service vehicles, and those vehicles driven in the ordinary course of the principal user's business.

2.

Except for the purpose of immediate loading or unloading, accessory vehicles or trailers in excess of one and one-half (1½) tons' capacity, or accessory vehicles or trailers with signs that exceed thirty-two (32) square feet that direct attention to a business, service, commodity or entertainment offered or sold on the premises shall not be parked closer to the street than the nearest building wall unless granted a special exception from the board of adjustment.

(Ord. 779, 8-10-1998; amd. Ord. 2242, 6-11-2018; Ord. 2286, 8-12-2019)

A.

Description: Warehousing, wholesaling and trucking often located adjacent to the Central Business District, in industrial parks served by rail and highway transportation and port areas.

B.

Included Uses:

Medical marijuana commercial grower. (See specific use permit matrix, section 11-13-6 of this title.)

Storage, NEC.

Truck rentals.

Trucking establishments.

Warehousing, NEC.

Wholesale establishments, NEC.

C.

Use Conditions: The uses included in use unit 23, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 2242, 6-11-2018; Ord. 2286, 8-12-2019)

A.

Description: Extractive operations, certain mineral processing operations, and manufacturing operations which directly utilize minerals at or near the source.

B.

Included Uses:

Mining and quarrying: Mining, quarrying or extraction of coal, ore, stone, sand or gravel.

Processing of mineral products as follows: crushing, washing and grading of coal, ore, stone, sand or gravel; manufacture of Portland cement, concrete or asphaltic concrete, at the source of supply of crushed rock, sand or gravel, for utilization off the premises.

C.

Use Conditions: The board of adjustment, in granting a mining and mineral processing use by special exception, shall consider potential environmental influences, such as dust and vibration, and shall establish in the particular instance, appropriate protective conditions such as setbacks, screening and method of operation, as will mitigate the adverse effect on proximate land uses. Oil and gas well drilling shall comply with title 3, chapter 8 of this Code. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 2242, 6-11-2018)

A.

Description: Light manufacturing and industrial uses having slight or no objectionable environmental influences by reason of the emission of odor, heat, smoke, noise or vibration.

B.

Included and Excepted Uses:

Automotive painting.

Bottling plant.

Brewery.

Building contract construction service and storage:

Cesspool cleaning.

Concrete construction service.

Contracting service.

Dry cleaning/laundry - industrial.

Grain elevators.

Heavy construction.

Masonry.

Oil and gas well drilling and cleaning.

Painting and other solvent use.

Roofing.

Sheet metal.

Stone work.

Water well drilling and cleaning.

Welding shop.

Light industrial or manufacturing use, any, except the following:

Acetylene gas manufacture in excess of fifteen (15) pounds pressure per inch.

Acid manufacturing for wholesale.

Aluminum, brass, copper, iron or steel foundry works.

Ammonia, bleaching power or chlorine manufacture.

Asphalt manufacture or refining.

Auto salvage yards.

Blast furnace, except as a minor and incidental part of another permitted industrial use.

Boiler works or forge works.

Brick, tile or terra cotta manufacture.

Celluloid manufacture.

Coke manufacture.

Concrete ready-mix plant.

Creosote manufacture or treatment.

Disinfectant or insecticide manufacture.

Distillation of bones, coal, tar or wood.

Dyestuff manufacture.

Fat rendering.

Fertilizer manufacture (organic).

Gas (heating or illumination) manufacture or storage, except where such gas is to be entirely consumed on the same premises.

Glue, gelatin or size manufacture.

Incineration or reduction of dead animals, garbage, offal or refuse, other than garbage, offal or refuse accumulated and consumed within or on the same premises.

Lamp black manufacture.

Lime, cement or plaster of paris manufacture.

Match manufacture.

Oilcloth or linoleum manufacture.

Paint, oil, varnish or turpentine manufacture.

Paper or pulp manufacture by sulphide process emitting noxious gasses or odors.

Pickle, sausage, sauerkraut or vinegar manufacture.

Printing ink manufacture.

Rayon or cellophane manufacture.

Refining of petroleum or other crude materials.

Rolling mill.

Rubber manufacture from crude materials.

Shoddy manufacture.

Slaughtering of animals, exclusive of poultry and rabbit killing.

Smelting.

Soap manufacture.

Soda ash, caustic soda and washing compound manufacture.

Starch, glucose, dextrine manufacture.

Stock yards.

Storage of dismantled automobiles or any form of junk.

Sugar refining.

Tallow, grease or lard manufacture or refining.

Tanning or curing of leather, raw hides or skins or storage of raw hides and skins.

Tar distillation or manufacture.

Tar roofing or tar waterproofing manufacture.

Trades, industries or uses having moderately objectionable environmental influences by reason of the emission of odor, heat, smoke, noise or vibration.

Wool scouring, hair manufacture.

Yeast manufacture for wholesale.

Medical marijuana processing facility. (Noncombustible processing only - see specific use permit matrix, section 11-13-6 of this title.)

C.

Use Conditions:

1.

The uses included in use unit 25, which are located within three hundred feet (300') of an R district, shall be conducted within enclosed buildings.

2.

The uses included in use unit 25, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 2242, 6-11-2018; Ord. 2274, 4-22-2019; Ord. 2286, 8-12-2019)

A.

Description: Manufacturing and industrial uses having moderately objectionable environmental influences by reason of the emission of odor, heat, smoke, noise or vibration.

B.

Included Uses:

All manufacturing and industrial uses except the following:

Acetylene gas manufacture in excess of fifteen (15) pounds pressure per square inch.

Acid manufacturing for wholesale.

Ammonia, bleaching powder or chlorine manufacture.

Asphalt manufacture or refining.

Auto salvage.

Blast furnace, except as a minor and incidental part of another permitted industrial use.

Brick, tile or terra cotta manufacture.

Cement, lime, gypsum, plaster of paris or asphalt manufacturing.

Chlorine or hydrochloric, nitric, picric, sulphurous, sulfuric acid or ammonia manufacture.

Coke manufacture.

Creosote manufacture or treatment.

Disinfectant or insecticide manufacture.

Distillation of bones.

Explosive manufacture or treatment.

Fat rendering.

Fertilizer manufacture from mineral or organic materials.

Garbage, offal or dead animal reduction or dumping.

Glue manufacture.

Junkyard.

Paper or pulp manufacture by sulphide processes emitting noxious gasses or odors.

Petroleum refining.

Salvage yards, NEC.

Slaughtering of animals.

Smelting.

Soap manufacture.

Soda ash, caustic soda and washing compound manufacture.

Stock yards.

Storage of dismantled automobiles or any form of junk.

Tar distillation or manufacture.

Trades, industries or uses that have heavily objectionable environmental influences by reason of the emission of odor, heat, smoke, noise or vibration.

Turpentine manufacture.

Varnish manufacture.

Medical marijuana processing facility. (Combustible processing allowed by specific use permit only in IL district.)

C.

Use Conditions:

1.

The uses included in use unit 26, which are located within three hundred feet (300') of an R district, shall be conducted within enclosed buildings.

2.

The uses included in use unit 26, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 2242, 6-11-2018; Ord. 2286, 8-12-2019)

A.

Description: Manufacturing and industrial uses having substantial objectionable environmental influences by reason of the emission of odor, heat, smoke, noise or vibration.

B.

Included Uses: Manufacturing or industrial uses not elsewhere classified.

C.

Use Conditions:

1.

The uses included in use unit 27, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. Any use which abuts residential development and is accessed between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. shall be screened by the erection and maintenance of an eight foot (8') screening wall made of masonry, masonry-like product, stucco, stone, concrete tilt-up panels, or some combination thereof. The property owner may appeal the interpretation of the screening requirement to a specific building project or may request, in writing and with showing of sufficient good cause, that the city council reduce or waive the requirement altogether.

D.

Off Street Parking and Loading Requirements:

(Ord. 272, 4-2-1974; amd. Ord. 2242, 6-11-2018)