A.

Purpose. The standards in this Chapter 5 apply to the physical layout and design of development in Broken Arrow. These provisions address the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment, in order to implement the comprehensive plan vision for a more attractive, efficient, and livable community. The specific purposes of this chapter include:

1.

To strengthen and protect the image, identity, and unique character of Broken Arrow and thereby to enhance its business economy;

2.

To protect and enhance residential neighborhoods, commercial districts, and other areas by encouraging physical development that is of high quality and is compatible with the character, scale, and function of its surrounding area;

3.

To preserve the quality of life by creating meaningful open space and providing buffers between incompatible uses and along roadways; and

4.

To provide appropriate standards to ensure a high quality appearance for Broken Arrow and promote good design while also allowing flexibility, individuality, creativity, and artistic expression.

B.

Applicability. The standards of this Chapter 5 apply to all development within the jurisdiction of this Ordinance, unless specifically exempted by the terms of this chapter.

A.

General provisions.

1.

Purpose. This Section 5.2 is intended to ensure that new landscaping and the retention of existing vegetation is an integral part of all development, and that it contributes added high quality to development, retains and increases property values, conserves water, and improves the environmental and aesthetic character of the community. It is also the intent of this section to provide flexible requirements that encourage and allow for creativity in landscape design.

2.

Applicability.

a.

New development. This Section 5.2 shall apply to all new development, unless specifically exempted by subsection 5.2.d.[5.2.A.2.d] below.

b.

Enlargement of existing development. This Section 5.2 shall apply to all applications for building permits for projects that involve one (1) or more of the following:

i.

An increase in the number of stories in an existing building on the lot;

ii.

An increase in the nonpermeable lot coverage by more than 2,000 square feet; or

iii.

An increase of 30 per cent or more in the square footage of building area or parking lot.

Where an existing parking area is altered or expanded to increase the number of spaces to a total of more than 20, interior landscaping shall be provided on the new portion of the lot in accordance with subsection 5.2.B.1.c. below.

c.

Landscaping plans approved under previous ordinances. All landscape plans approved under prior ordinances of the city shall remain in effect and subject to fulfillment of all terms of such plans previously filed and approved.

d.

Exemptions. The following development types and areas are exempted from the requirements of this Section 5.2:

i.

Individual single-family and two-family dwellings on separate lots, where such residential use is the primary use on the lot;

ii.

New single-family detached and two-family subdivisions with four or fewer lots and four or fewer dwellings; and

iii.

Temporary uses approved pursuant to this Ordinance.

3.

Landscaping plan.

a.

Landscaping plan approval. Landscape plans shall be reviewed and approved by the director. For multifamily, commercial, and industrial developments, a landscaping plan may either be submitted with the required site plan or at later date following site plan approval. If the detailed landscape plan is to be submitted following site plan approval, the site plan shall at least show where landscape development is to occur. For single-family, two-family, and mobile home developments, the location of proposed landscape development shall be shown on the preliminary plat followed by a landscape plan submitted with the final plat. Upon receipt of a landscape plan, the director shall:

i.

Approve the landscape plan as complying with the requirements of this Ordinance; or

ii.

Approve the landscape plan with conditions that bring it into compliance with the requirements of this Ordinance; or

iii.

Reject the landscape plan as failing to comply with the requirements of this Ordinance; or

iv.

Waive the landscape requirement if it is determined that a suitable location for landscape development is not available.

b.

Landscape plan. The required landscaping plan shall contain the following:

i.

The date, scale, north arrow, project name and the name of the owner and designer.

ii.

The location of property lines and dimensions of the tract;

iii.

The approximate center line of existing watercourses, the approximate location of significant drainage features, the location and size of existing and proposed streets and alleys, existing and proposed utility easements and overhead utility lines on or adjacent to the lot, existing and proposed fire hydrants on or adjacent to the lot, and existing and proposed sidewalks on or adjacent to the lot;

iv.

The location, size, and type (tree, shrub, ground cover, berms, or grass) of proposed landscaping and the location and size of the proposed landscaped areas;

v.

Planting details and/or specifications;

vi.

The location, size (caliper and height), condition, and common name of any existing tree for which credit is requested shall be indicated. The method of protecting the existing trees which are to be retained from damage during construction shall be described;

vii.

A description of the type of irrigation system to be used and, if necessary, drawings of such system; and

viii.

The schedule of installation of required landscaping and appurtenances, which shall specify installation of all required landscaping and appurtenances, except trees, prior to the issuance of a certificate of occupancy (for multifamily, commercial, and industrial developments) or first building permit (for single-family and two-family developments) and further specify installation of required trees within the landscape plan within 120 days after issuance of such occupancy permit or first building permit. No manufactured housing units shall be allowed to be installed until all required landscaping is completed.

4.

Certification of installation.

a.

Installation of all landscaping except trees. Prior to the issuance of a certificate of occupancy (for multifamily, commercial, and industrial developments) or issuance of final inspection (for single-family and two-family developments), written certification shall be submitted to the city's development services department by an architect, landscape architect, or engineer authorized to do business in the State of Oklahoma, or the owner of the property, stating that the installation of the landscaping, except trees, is in accordance with the approved landscaping plan.

b.

Installation of trees. Prior to or within 120 days following the issuance of the occupancy permit (for multifamily, commercial, and industrial developments) or final building permit (for single-family and two-family developments), written certification of an architect, landscape architect, or engineer authorized for business in the State of Oklahoma or the owner of the property that all trees have been installed in accordance with the approved landscaping plan shall be submitted to the city's development services department.

c.

Temporary certificate of occupancy. A temporary certificate of occupancy may be issued for up to 120 days to allow landscape material to be installed in accordance with the approved landscape plan.

B.

Landscaping requirements.

1.

Standards in nonresidential, multifamily, and mixed-use districts.

a.

Landscaped edge. Except in the DM, DF, and NM districts (which are addressed in subsection b. below), all development in the nonresidential, multifamily, and mixed-use districts shall provide a landscaped edge adjacent to all highways, frontage roads, arterial and collector streets, and entrances through nonresidential districts to residential subdivisions. The landscaped edge shall comply with the following standards:

i.

Width. The landscaped edge shall be a minimum width of 35 feet for multifamily development, and ten feet for all other development subject to this section, exclusive of street right-of-way and sidewalk. However, the director may reduce the width of the required landscaped edge during site plan review if the reduction is required for public improvements.

ii.

Tree requirements. Within the landscaped edge, one (1) tree shall be planted for every 50 lineal feet of landscaped edge. The number of required trees shall be calculated based on the linear frontage of the required landscaped edge and shall be rounded to the nearest whole number. Trees may be grouped together or evenly spaced. Trees shall be two-inch caliper minimum and shall be on the city's approved tree list.

iii.

Additional requirement for parking lots and drives abutting landscaped edge.

(A)

Where parking lots and drives abut the landscaped edge, and the landscape edge is less than 30 feet in width, all developments shall provide ten shrubs (three-gallon minimum) for every 50 lineal feet of abutment to the landscaped edge. These shrubs shall be placed within the landscaped edge and are in addition to the required number of trees. The number of required shrubs shall be calculated based on the linear frontage of parking lot/drive abutment to the required landscaped edge and shall be rounded to the nearest whole number.

(B)

As an alternative to subsection (1), a berm or masonry wall may be placed within the landscaped edge in lieu of the required shrubs. The berm or masonry wall must be at least three but no more than five feet in height.

iv.

Additional tree requirement per housing unit in RM district. In the RM district, in addition to the tree and shrub requirements above, at least two trees and five shrubs (three-gallon minimum) shall be planted per multifamily housing unit. This landscape material shall not be included in the landscaped edge along the street frontage. However, it may be included in the other open space areas required by this Ordinance.

b.

Requirements for downtown and NM districts. In the DM, DF, and NM districts, the landscaped edge of subsection a. above is not required, but all developments shall comply with this subsection. Where a surface parking lot abuts the street right-of-way, the development shall provide a sidewalk built to city specifications within the right-of-way and one (1) of the following options:

i.

Option 1: A perimeter landscaped strip of between three feet and five feet in width, built to the street right-of-way, with either ornamental fencing or masonry walls, and wheel stops or curbing in the parking lot to prevent any vehicle overhang into the landscaped area (See Illustration 5.1 below); or

Illustration 5.1: Parking Lot Buffer in Downtown and NM (Option 1)

ii.

Option 2: An ornamental fence or masonry wall without landscaping, built to the street right-of-way, provided that a planting strip with street trees is provided between the sidewalk and the adjacent public street. (See Illustration 5.2 below.)

Illustration 5.2: Parking Lot Buffer in Downtown and NM (Option 2)

c.

Interior parking lot landscaping.

i.

Nonresidential, multifamily, and mixed-use districts. In all nonresidential, multifamily, and mixed-use districts, landscaped areas shall be established and maintained in off-street parking areas as follows:

(A)

In nonresidential and mixed use districts, at least one (1) tree shall be planted for every 15 parking spaces. In multifamily districts, at least one (1) tree shall be planted for every ten parking spaces. The number of required trees shall be rounded to the nearest whole number. These trees shall be planted inside or within 15 feet of the parking lot, but shall not be placed in the landscaped edge required in subsection a. above. Trees shall be two-inch caliper minimum and shall be on the city's approved tree list.

(B)

A landscape island with a planting area (measured back of curb to back of curb) at least ten feet in width and 18 feet in length shall be provided on each side of all drives that provide access from the street to the property.

(C)

All parking lot landscaped areas shall be protected by a raised six-inch concrete curb. Pavement shall not be placed closer than four and one-half feet from the trunk of a tree.

(D)

For site plans of two and one-half acres or less in size:

(1)

No parking space shall be located more than 50 feet from a landscaped area; and

(2)

Landscape islands shall contain at least 100 square feet, with a minimum width of ten feet.

(E)

For site plans greater than two and one-half acres in size:

(1)

No parking space shall be located more than 75 feet from a landscaped area; and

(2)

Landscape islands shall contain at least 180 square feet, with a minimum width of ten feet.

(F)

Landscape areas from which parking spaces can be measured shall include the following:

(1)

Landscape islands meeting the applicable size requirements of subsection iv. or v. above. However, the landscaped edge, as identified in subsection 5.2.B.1.a.iii(A), cannot be an area from which to measure.

(2)

Landscape areas next to buildings that are at least three feet in width and contain at least 100 square feet.

ii.

Residential multifamily districts. In all residential multifamily districts, landscaped areas shall be established and maintained in off-street parking areas as follows:

(A)

Parking spaces in an uncovered parking area shall extend no more than ten parking spaces without an intervening interior landscaped island no less than ten feet in width and 18 feet in length. Landscaped islands shall be planted with a combination of trees, and ground cover, or sod. Trees shall be two-inch caliper minimum and shall be on the city's approved tree list.

(B)

A landscaped area no less than ten feet in width and 18 feet in length shall separate detached garages or carport structures sited in a row (end-to-end). Such area shall be planted with a minimum one (1) tree from the city's approved tree list and ground cover or sod.

(C)

Lighting for parking lots may be contained within an interior parking lot landscaped area provided the landscaped area is a minimum of 200 square feet in area and provided the landscaping and trees, at maturity and as maintained, shall not obstruct the illumination path.

d.

Buffering of adjacent residential zones and uses. Whenever a nonresidential use is proposed adjacent to a property with residential zoning or in residential use, the nonresidential use shall provide a landscaped buffer of at least ten feet in width within the nonresidential property, planted with either a minimum of one (1) medium-to-large evergreen tree and ten shrubs for each 30 linear feet or portion thereof of adjacent exposure or one (1) medium-to-large evergreen for every 20 linear feet or portion thereof of adjacent exposure. A berm or masonry wall may be placed within the landscaped edge in lieu of the required shrubs.

2.

Standards in the RS, RD, and RMH districts. Development in the RS, RD, and RMH districts shall comply with the following standards:

a.

Street trees.

i.

At least one (1) tree per 50 lineal feet of frontage along an arterial street shall be planted along the arterial street. The number of required trees shall be calculated solely on the linear footage and shall be rounded to the nearest whole number. The trees may be grouped together or evenly spaced.

ii.

Any nonresidential use allowed in a residential zoning district by special use permit shall meet the landscaping requirements set forth in subsection 5.2.B.1.

iii.

All required landscape material shall be located either outside the arterial street right-of-way or if in arterial street right-of-way, placed within five feet of the street right-of-way. If landscape material is located five feet into the arterial street right-of-way, the sidewalk may be serpentine to allow landscape material to be placed in pocket areas as long as the tree-to-pavement distance of at least four feet is maintained.

iv.

For landscape material that is to be installed along an arterial street, a fence and landscape easement of at least five feet in width shall be provided.

b.

Landscape reserve. If a "landscape reserve" is designated on the plat next to an arterial street, the building setback line for lots adjacent to the landscape reserve can be from the ultimate right-of-way boundary as shown in the comprehensive plan.

c.

Fence plan. In all residential developments, the landscaping plan shall include a fence plan demonstrating compliance with the fencing standards of this Ordinance in subsection 5.2.E.

3.

Landscaped area requirements in PUDs. A minimum landscaped area in planned unit developments shall be required as follows:

a.

Office use: Fifteen per cent of net developable area.

b.

Commercial use: Ten per cent of net developable area.

c.

Industrial use: Ten per cent of net developable area.

4.

General landscaping requirements and standards. These standards shall apply to all areas where landscaping is required by this Ordinance.

a.

Approved tree list for landscape requirements. Trees shall be selected from the following approved tree list. Materials not on the list may be approved by the director if it is determined that they are equally suitable for local soil conditions and climate and would provide the same level of visual benefits. Required landscaping shall not include artificial plants, trees, or other artificial vegetation.

b.

Irrigation. Required new landscaping shall be irrigated by one (1) of the following methods:

i.

An underground sprinkling system;

ii.

A drip system; or

iii.

In industrial areas with nonarterial street or highway frontage, a hose attachment, with such attachment within 100 feet of all landscaped areas.

The irrigation system requires a permit and shall be installed to City of Broken Arrow Codes.

c.

Visibility. Landscaping, including berms, shall not obstruct pedestrian and/or vehicular traffic visibility at street intersections or at access points to streets.

d.

Maintenance. Every property owner and any tenants shall keep their landscaped areas in a well-maintained, safe, clean, and attractive condition at all times. Such maintenance shall include, but is not limited to, the following:

i.

Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscape.

ii.

All plant material shall be maintained in a healthy and growing condition. If any required tree fails, it shall be replaced in accordance with the guidelines contained in subsection 5.2.C.4. Other required landscaping that is diseased, damaged, destroyed, or removed must be replaced with plant material of similar variety and size (size not to be smaller than the minimum required by this Ordinance at the time of replacement).

iii.

Lawn mowing on a regular basis.

iv.

Proper pruning.

v.

Watering on a regular basis.

vi.

Maintenance of landscape lighting in working order.

vii.

Maintenance of underground irrigation systems in working order.

viii.

Cleaning of abutting waterways and landscaped areas lying between public right-of-way lines and the property, unless such streets, waterways, or landscaped areas are expressly designated to be maintained by a designated governmental authority.

e.

Landscaping on public property.

i.

The city shall have the power to plant, preserve, spray, trim, or remove any tree, shrub, or plant on any parkway, alley, or public ground belonging to the city.

ii.

It shall be unlawful for any person to cut or break any branch of any tree or shrub or injure in any way the bark of such tree or shrub growing on public property.

iii.

Trees shall not be planted in arterial street rights-of-way without prior written permission from the city.

C.

Tree protection and replacement. The purpose of this section is to establish incentives for the preservation of existing trees within Broken Arrow and to provide guidelines for the protection of trees during construction, development, or redevelopment.

1.

Grading permit. No clear-cutting of land is allowed without a grading permit from the development services department.

2.

Tree preservation credits.

a.

For every existing tree that is preserved in an area where landscaping is required by this Ordinance, the developer shall be given credit in accordance with the following table. Only trees in good condition having been protected in accordance with subsection 5.2.C.3. below shall be considered for credit.

b.

An applicant requesting credit for protecting existing trees pursuant to this section shall include on the landscaping plan the approximate location, size (caliper and height), condition, and common name of each tree to be preserved for which the applicant is requesting tree credits.

3.

Guidelines for tree protection during construction. All developers are encouraged to adhere to the following tree protection measures on all construction sites as applicable. Only trees protected in accordance with these guidelines shall be eligible for credit against required landscaping.

a.

Prior to grading, construction, or land development, the developer shall clearly mark all trees to be preserved.

b.

The developer shall erect a plastic mesh fence a minimum of four feet in height at the drip line around each tree or group of trees to prevent the placement of debris or fill within the drip line of any tree and the disturbance of soil below the canopy.

c.

During the construction stage of development, the developer shall prohibit cleaning, parking, or storage of equipment or materials under the canopy of any tree or group of trees. No disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups of trees shall be permitted to occur.

d.

No attachments or wires of any kind, other than those of a protective nature, should be attached to any tree. No twine shall be left on the tree such that it would girdle the trunk causing premature death.

e.

No fill or excavation may occur within the drip line of a tree to be preserved unless there is a specific approved plan. Major changes of grade (six inches or greater) will require additional measures to maintain proper oxygen and water exchange with the roots. With major grade changes, a retaining wall or tree well of rock or brick should be constructed around the tree no closer than the drip line. The retaining wall should be constructed so as to maintain the existing grades around a tree or group of trees.

f.

No utility, plumbing or irrigation trenches shall be dug within the drip line.

g.

At no time shall a wall, pavement, or porous pavement be placed closer than four and one-half feet or one (1) foot for every two inches in caliper, whichever is greater, to the trunk of the tree.

4.

Replacement of trees.

a.

When required. Replacement trees are required when any required tree or any tree that was shown on a landscape plan and that was granted landscaping credit under this section is removed. Acceptable types of replacement trees are listed in the city's approved tree list.

b.

Tree replacement rates. Any required tree or credited tree that fails shall be replaced at the following rates:

c.

Off-site placement of replacement trees. If the physical limitations of the subject property are such that all of the replacement trees cannot be properly located on site, the applicant may locate the extra trees on public park land with the approval of the parks director, or in an adjoining or nearby reserve area with the approval of the property owner.

5.

Tree location and sight distances.

a.

No tree shall be planted within an arterial street right-of-way, except as noted in [subsection] 5.2.B.2.a.iii.

b.

At the intersection of any arterial street with any other street or driveway, no property owner shall allow any vegetation to exceed a height of 30 inches above street grade within the sight triangle.

c.

No tree shall be planted within ten feet of any fire hydrant so as to obstruct the fire hydrant when viewed from the street.

d.

No trees, other than those species listed as small trees in subsection 5.2.B.4.a., shall be planted under or within 20 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground public utility line.

e.

Prior to any landscaping being installed on freeways and expressways, a letter from the appropriate state transportation agency (i.e., Oklahoma Department of Transportation or Oklahoma Turnpike Authority) approving of such landscaping shall be provided to the City of Broken Arrow.

D.

Screening.

1.

Applicability. All multifamily residential and all nonresidential uses shall be required to provide screening as specified in this section to block the views of the specified features (e.g., refuse collection, service areas) from any adjacent street or public open space or any adjacent property or public areas of a site. For purposes of this section, public areas of a site include public parking areas, sales areas, outside eating areas, or other areas to which customers, clients, and guests are given regular access.

2.

Refuse collection. In order to reduce the visual impacts of multifamily and nonresidential development, and to avoid problems with blown trash and pests, all refuse collection receptacles shall adhere to the standards that follow. For purposes of this section, the term "refuse collection receptacles" includes dumpsters, garbage cans, debris piles, or grease containers, but does not include trash or recycling receptacles for pedestrians or for temporary construction sites. This section also does not apply to refuse collection receptacles such as garbage cans that are normally stored indoors and brought outdoors on garbage pickup days.

a.

Location. Outdoor refuse collection receptacles shall not be located in a required front setback, and should, depending on the size of the site and need for access by refuse collection vehicles, be set back from the front plane of the principal structure. Refuse collection receptacles for nonresidential uses shall not be located in any setback area or required landscaping area that abuts an adjacent residential use. Refuse collection receptacles shall not be located within any area used to meet the minimum landscaping or parking and loading area requirements of this chapter, or be located in a manner that obstructs or interferes with any designated vehicular or pedestrian circulation routes on-site.

b.

Screening enclosure. Each refuse collection receptacle shall be screened from view on all sides by a durable sight-obscuring enclosure consisting of an opaque fence or wall of between six feet and eight feet in height. (See Illustration 5.3 below.) Where the access to the enclosure is visible from adjacent streets or residential properties, the access shall be screened with an opaque gate. The enclosure shall be maintained in working order, and remain closed except during trash deposits and pickups.

c.

Maintenance of refuse collection receptacle. The lids of receptacles in screening enclosures without roof structures shall remain closed between pickups, and shall be maintained in working order.

3.

Service, storage, and off-street loading areas. Service, storage, and off-street loading areas shall be designed and located to reduce the visual and acoustic impacts of these functions on adjacent properties and public streets. Nonenclosed service, storage, and off-street loading areas shall be screened with durable, sight-obscuring walls and/or fences of between six feet and eight feet in height. Screening materials shall be the same as, or of equal quality to, the materials used for the primary building and landscaping.

4.

Rooftop mechanical equipment. Rooftop mechanical equipment, including HVAC equipment and utility equipment that serves the structure, shall be screened. Screening shall be accomplished through the use of parapet walls or a sight-obscuring enclosure around the equipment constructed of one (1) of the primary materials used on the primary facades of the structure, and that is an integral part of the building's architectural design. (See Illustration 5.4.)

5.

Wall-mounted mechanical equipment and meters. Wall-mounted mechanical equipment, including air-conditioning or HVAC equipment and groups of multiple utility meters, that extends six inches or more from the outer building wall shall be screened through the use of (a) sight-obscuring enclosures constructed of one (1) of the primary materials used on the primary facade of the structure, (b) sight-obscuring fences, or (c) trees or shrubs that form an opaque visual screen. Wall-mounted mechanical equipment that extends six inches or less from the outer building wall shall be designed to blend in with the color and architectural design of the subject building.

6.

Ground-mounted mechanical equipment and utility fixtures. Ground-mounted above-grade mechanical equipment shall be screened through the use of ornamental fences or screening enclosures, or through the use of trees or shrubs that form an opaque visual screen. Above-grade ground-mounted utilities are prohibited on sidewalks in the downtown.

7.

Pitched roofs. All roof jacks and penetrations shall be painted to match the adjacent roof color.

E.

Fencing and walls.

1.

Purpose. These standards are intended to permit the construction and maintenance of high-quality fences and walls, while preventing the monotonous appearance of uninterrupted fences and walls from dominating the city's streetscapes.

2.

General fence requirements.

a.

Screening of residential uses that abut collector and arterial streets and highways. All residential uses that abut any arterial or collector street or highway shall install and maintain fences that comply with this section on the side(s) of the property that abut such street or highway. These fences shall be at least six feet in height, and a maximum of eight feet in height if adjoining a highway. A fence plan showing compliance with the requirements of this section shall be submitted with the landscape plan. For all platted single-family and two-family residential subdivisions, a mandatory home owners association shall be established for the perpetual ownership and maintenance of the required screening fence or wall.

b.

Screening of higher-density residential districts. All developments in the RD, RM, and RMH districts shall install and maintain fences that comply with this section where such development abuts any agricultural, RE, or RS district. These fences shall be at least six feet and no more than ten feet in height.

c.

Nonresidential and mixed-use districts. All development in the nonresidential and mixed-use districts shall install and maintain fences that comply with this section where such development abuts any agricultural or residential district. The need for screening fences where industrial districts abut arterial streets and limited access highways will be reviewed as part of the site plan. These fences shall screen all yards and shall be at least eight feet and no more than ten feet in height. Outside storage shall be fully screened with a solid material wall or a combination of earthen berms, fences, walls, and/or evergreen plant materials.

3.

Design standards for fences and walls. All fencing or walls provided pursuant to this section shall comply with the following standards:

a.

Location.

i.

Outside the right-of-way. Fences shall not be constructed in the street right-of-way, whether such right-of-way is held as an easement or in fee. All required fences and walls shall be located within a minimum three-foot-wide fence easement adjoining the property boundary. This easement may be part of a wider or larger landscape easement or reserve.

ii.

Fence location in residential districts. Fences in residential districts may be constructed on property lines, in side yards, and rear yards. However, no fences higher than 30 inches may be constructed in any front yard.

iii.

Fences on corner lots. If the owner of a corner lot constructs a fence within a side yard and rear yard in accordance with this section, and if the rear portion of these yards abut the side yard of a neighboring lot, then any such fence built between the building setback line and the property line must be so constructed as to allow the driver of a vehicle on the neighboring lot to have a clear view of the street and all traffic thereon, for a distance of 75 feet in each direction from the point of entrance into the street right-of-way from the neighboring lot. For purposes of this subsection, the rear portion of the corner lot will be deemed to abut a neighboring side yard only if the two yards form a common boundary along the majority of their length.

iv.

Fences in flood and drainage areas. No fences, other than an open split-rail fence or barbed-wire fence, shall be constructed in any 100-year floodplain area. No fences other than open split rail or barbed wire shall be constructed in drainage easements that are outside the 100-year floodplain area unless the owner obtains the written approval of the city's engineering and construction department following their investigation of the proposed fence's impacts on drainage.

b.

Support posts.

i.

All new fences, including replacements for existing fences, that are required by this Ordinance shall have vertical support posts constructed of permanent building materials that may include, but are not limited to, a minimum of schedule-40 galvanized steel posts with an outside diameter equal to or larger than two and three-eighths-inch, masonry columns at least one (1) square foot, or PVC fencing using dual-extruded PVC posts. The director may permit alternative support posts as part of any site/landscape plan review, as long as the materials used meet or exceed the wind load capabilities of the materials listed above. Footings shall be constructed of concrete or equivalent materials.

ii.

Any existing fence otherwise lawful at the time of construction and thereafter maintained may continue throughout its useful life; however, the replacement of such fence or other repair of more than 30 consecutive linear feet shall require the replacement or repair to conform to the standards listed in subsection i. above.

c.

Uniform height. Unless otherwise approved by the planning commission, all fencing shall be uniform in height. Replacement fencing/screening, excluding support posts, shall retain its original height and material and the top elevation shall match the adjoining elevation.

d.

Materials. Where fencing is required by this ordinance, such fencing and walls shall be opaque and shall be constructed of durable, easily maintained materials such as, but not limited to, masonry, vinyl, or treated, stained or painted wood sections. Chain link, wire mesh, or other similar products shall be prohibited.

e.

Finished side. The "finished" side of the fence or wall shall face outward, away from the development installing the fence or wall, with all braces and supports on the interior side of the fence.

f.

Fence design.

i.

The length of continuous, unbroken, and uninterrupted fence plane shall be no more than 80 feet. Breaks shall be provided through the use of columns, landscaping pockets, transparent sections, and/or a change to different materials.

ii.

A variety of landscaping shall be provided in combination with any of the above visual breaks to incorporate seasonal color and plant variety and break up the visual mass of walls and fences.

iii.

Landscaped berms may be used in combination with any of the above visual breaks and shall meet the following standards:

(A)

Berms shall be between 30 inches and 48 inches in height; and

(B)

Berms shall provide additional separation and screening by incorporating a variety of plantings, consisting of dense stands of evergreen trees, canopy shade trees, ornamental trees, tall grasses, or shrubs.

(Ord. No. 3057, § I, 10-6-2009; Ord. No. 3795, § I, 7-31-2023)

A.

Purpose. The purpose of this section is to support the creation of a highly connected transportation system within the city in order to provide choices for drivers, bicyclists, and pedestrians; increase effectiveness of municipal service delivery; promote walking and bicycling; connect neighborhoods to each other and to local destinations such as employment, schools, parks, and shopping centers; reduce vehicle miles of travel and travel times; improve air quality; reduce emergency response times; mitigate the traffic impacts of new development; and free up arterial capacity to better serve regional long-distance travel needs.

B.

Streets and on-site vehicular circulation.

1.

Street standards. All streets shall meet the standards and requirements of the Broken Arrow Land Subdivision Code.

2.

Street connectivity.

a.

Purpose. Street and block patterns should include a clear hierarchy of well-connected streets that distribute traffic over multiple streets in order to avoid traffic congestion on principal routes. Within each residential development, the access and circulation system should accommodate the safe, efficient, and convenient movement of vehicles, bicycles, and pedestrians through the development and provide ample opportunities for linking adjacent neighborhoods, properties, and land uses. Local neighborhood street systems are intended to provide multiple direct connections to and between local destinations such as parks, schools, and shopping. These connections should knit separate developments together rather than form barriers between them.

b.

Connections to vacant land. Where new development is adjacent to vacant land, all streets, bicycle paths, and access ways in the development's proposed street system shall continue through to the boundary lines of the area to provide for the orderly subdivision of such adjacent land or the transportation and access needs of the community. At least two points of access shall be provided per half mile. (See Illustration 5.5.)

c.

Street access. No principal building or a residence shall be constructed on a lot that does not abut a public street, except in a PUD or other development in which a property owner's or homeowner's corporation is chartered with responsibility for maintenance and other concerns related to private access ways. The frontage of such a lot in which the principal building or residence is constructed shall not be less than that required for that district.

d.

Cross-access onto adjacent properties. All nonresidential development shall be designed to allow for cross-access to adjacent properties to encourage shared parking and shared access points on public or private streets. When cross-access is deemed impractical by the director on the basis of topography, the presence of natural features, or vehicular safety factors, this requirement may be waived provided that appropriate bicycle and pedestrian connections are provided between adjacent developments or land uses. A cross-access easement must be recorded prior to issuance of a building permit. (See Illustration 5.6.)

3.

Access onto arterial and collector streets.

a.

The centerline of driveways on an arterial street or collector street shall be located as far as the lot width permits from street intersections, and at least 250 feet away from the centerline of the intersecting street.

b.

For nonresidential and multifamily developments, the number of driveways per lot along arterial frontage shall be not more than one (1) per 300 feet of lot width. All curb cuts shall be spaced at least 250 feet apart, centerline-to-centerline. In addition, the centerline of the access point shall either align with or be offset at least 200 feet from any access points on the opposite side of the arterial street when a raised center median within the arterial is not present. The number of driveways along collector frontage shall be limited to one (1) per 150 feet of lot width.

c.

Platted single-family or two-family residential lots shall not have direct access to an arterial street. Ingress or egress from any single-family or two-family residential lots to any collector street shall be in accordance with the subdivision code. Whenever feasible, all single-family residential lots shall have direct thoroughfare access only from minor residential streets.

d.

Access points shall be located at the time of site plan submittal for each tract or lot.

4.

Residential streets. Minor residential streets shall be so laid out that their use by through traffic will be discouraged. Traffic calming techniques such as curvilinear alignments, "T" intersections, traffic circles, and street offsets are encouraged to reduce speeds and cut-through traffic.

5.

Reserved.

C.

Standards for pedestrian facilities.

1.

Sidewalks.

a.

All sidewalks shall comply with the requirements of the Broken Arrow Subdivision Code.

b.

Sidewalks shall be installed on both sides of all arterials, collector streets, and local streets (including loop streets and cul-de-sacs), and within and along the frontage of all new development or redevelopment. The sidewalk shall be constructed before the final building inspection by the city. The director may waive the sidewalk requirement on local streets in industrial districts during the site plan review.

2.

On-site pedestrian walkways. Site plans shall orient to pedestrian site access points and connections to surrounding street and trails networks, to destinations such as schools or shopping within one-quarter mile of the site, and to pedestrian linkage points on adjacent parcels, including building entrances, transit stops, walkway easements, and signalized street crossings. On-site pedestrian walkways shall connect (a) building entrances to one another and (b) from building entrances to public sidewalk connections and existing or planned transit stops. If buildings are not placed directly adjacent to the public sidewalk, then pedestrian walkways shall link the principal pedestrian site access to building entrances. All developments that contain more than one (1) building shall provide walkways between the principal entrances of the buildings.

(Ord. No. 3524, § I, 4-3-2018)

A.

Purpose. This section is intended to provide for the location and design of off-street parking areas to accommodate motor vehicles, while balancing the needs of pedestrians, bicyclists, and transit users. Parking areas are secondary and supportive to the primary land uses on the site, and parking lot design should emphasize the primary facade and orient pedestrians toward the principal entranceways and walkways.

B.

Applicability.

1.

Generally.

a.

The off-street parking and loading standards of this section shall apply to all parking lots and parking structures accessory to any new building constructed and to any new use established in every district.

b.

The requirements of this section shall apply to all temporary parking lots and parking lots that are the principal use on a site.

2.

Expansions and enlargements. Where an existing parking area is altered or expanded to increase the number of spaces to a total of more than 20, the standards of this section shall apply.

3.

Downtown mixed-use district exempted. Off-street parking is not required for uses in the DM district.

C.

Computation of parking and loading requirements.

1.

Fractions. When measurements of the number of required spaces result in a fractional number, any fraction shall be rounded up to the next higher whole number.

2.

Multiple uses. Lots containing more than one (1) use shall provide parking and loading in an amount equal to the total of the requirements for all uses, unless otherwise modified by the parking alternatives in subsection 5.5.G.

3.

Area measurements. Unless otherwise specified, all square footage-based parking and loading standards shall be computed on the basis of gross floor area of the use in question. Structured parking within a building shall not be counted in such measurement.

4.

Computation of off-street parking. Required off-street loading spaces shall not be included as off-street parking spaces in computation of required off-street parking spaces.

5.

Parking for unlisted uses. Parking requirements for uses not specifically listed in Table 5.4.1 below shall be determined by the director based on the requirements for the closest comparable use, as well as on the particular parking demand and trip generation characteristics of the proposed use. The director may alternately require the submittal of a parking demand study that justifies estimates of parking demand based on the recommendations of the Institute of Transportation Engineers, and includes relevant data collected from uses or combinations of uses that are the same or comparable to the proposed use in terms of density, scale, bulk, area, type of activity, and location.

D.

Off-street parking requirements.

1.

Schedule A. Unless otherwise expressly stated in this Ordinance, off-street parking spaces shall be provided in accordance with the following Table 5.4.1:

2.

Schedule B. Uses that reference "Schedule B" in Table 5.4.1 shall provide the following minimum number of off-street parking spaces listed in Table 5.4.2: Off-Street Parking Schedule B, below. Most uses subject to this schedule will engage in more than one (1) type of activity. Unless otherwise approved, lots containing more than one (1) activity shall provide parking and loading in an amount equal to the total of the requirements for all activities.

3.

Schedule C. Uses that reference "Schedule C" in Table 5.4.1 have widely varying parking and loading demand characteristics, making it impossible to specify a single off-street parking or loading standard. Upon receiving a development application for a use subject to Schedule C standards, the director shall apply the off-street parking and loading standard specified for the listed use that is deemed most similar to the proposed use or establish minimum off-street parking requirements on the basis of a parking and loading study prepared by the applicant. Such a study shall include estimates of parking demand based on recommendations of the Institute of Transportation Engineers (ITE), or other acceptable estimates as approved by the director, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type of activity, and location. The study shall document the source of data used to develop the recommendations.

4.

Maximum number of spaces permitted.

a.

General maximum requirement. Any use categorized as a "commercial" or "industrial" use in Chapter 3, use regulations, may provide no more than 125 per cent of the minimum number of off-street vehicle parking spaces established in Table 5.4.1 Off-Street Parking Schedule A, unless an exception is approved under subsection b. below.

b.

Exceptions.

i.

If application of the maximum parking standard would result in fewer than six parking spaces, the development shall be allowed six parking spaces.

ii.

Exceptions to the maximum parking requirement may be allowed in situations that meet all of the following criteria:

(A)

The proposed development has a restaurant, unique or unusual characteristics such as high sales volume per floor area or low parking turnover, which create a parking demand that exceeds the maximum ratio and which typically does not apply to comparable uses; and

(B)

The parking demand cannot be accommodated by on-street parking, shared parking with nearby uses, or by increasing the supply of spaces that are exempt from the maximum ratio; and

(C)

The request is the minimum necessary variation from the standards; and

iii.

If located in a mixed-use district, the uses in the proposed development and the site design are highly supportive of the mixed-use concept and support high levels of existing or planned transit and pedestrian activity.

c.

Calculation of maximum parking requirements. For the purpose of calculating parking requirements, the following types of parking spaces shall not count against the maximum parking requirement, but shall count toward the minimum requirement:

i.

Handicapped parking;

ii.

Vanpool and carpool parking; and

iii.

Structured parking, underground parking, and parking within, above, or beneath the building(s) it serves.

5.

Sites in mixed-use and downtown fringe districts. In the mixed-use and downtown fringe districts (NM, CM, and DF), the total requirement for off-street parking facilities shall be the sum of the requirements for the various uses computed separately, subject to the modifications set forth below. The modifications are available cumulatively, but overall they may not reduce the minimum requirements by more than 20 per cent.

a.

All uses within the mixed-use and DF districts shall be eligible for an automatic five per cent parking reduction to reflect the reduced automobile use associated with mixed-use and central city developments.

b.

A ten-per cent parking reduction for multifamily residential dwellings in the mixed-use or DF districts may be allowed if the proposed use is located within 300 feet of a transit stop with regularly scheduled daily service.

c.

For nonresidential uses in the mixed-use or DF districts, the minimum parking requirement may be reduced ten per cent if the use incorporates a transit stop that meets minimum design standards established by the city to ensure ready access to users and is compatible with the design and materials of the nonresidential use with which it is associated.

E.

Stacking spaces for drive-through uses. In addition to meeting the off-street parking requirements of this Section 5.4, drive-through facilities specified in Table 5.4.1 shall comply with the following minimum stacking space standards:

F.

Handicapped parking requirements.

1.

Residential uses. Handicapped-accessible parking for residential uses shall be provided at the rate of one (1) space per each dwelling unit that is designed for occupancy by the handicapped.

2.

Nonresidential uses. Handicapped-accessible parking spaces shall be provided for uses other than residential at the rate shown in Table 5.4.4 below:

G.

Parking alternatives. The director may approve alternatives to providing the minimum number of off-street parking spaces in accordance with the following standards:

1.

Shared parking. Off-street parking shall be provided in accordance with the requirements in Table 5.4.1; provided, however, required parking spaces may be provided on the lot containing the uses the required parking is intended to serve or may be provided in common off-street parking facilities. The director may approve such shared parking facilities for developments or uses if the shared parking spaces will be located within 600 feet of an entrance to the building the parking is intended to serve (measured along the shortest legal pedestrian route).

2.

Off-site parking. The director may approve the location of required off-street parking spaces on a separate lot from the lot on which the principal use is located if the off-site parking complies with all of the following standards:

a.

Location. No off-site parking space may be located more than 600 feet from an entrance (measured along the shortest legal pedestrian route) of the use it is intended to serve. Off-site parking spaces may not be separated from the use served by a street right-of-way with a width of more than 80 feet, unless a grade-separated pedestrian walkway, a traffic signal, a shuttle bus, or other traffic control is provided or remote parking shuttle bus service is provided.

b.

Control of site. Required parking spaces for residential uses must be located on the site of the use or within a tract owned in common by all the owners of the properties that will use the tract.

c.

Ineligible activities. Required parking spaces for persons with disabilities may not be located off-site.

3.

Other eligible alternatives. At the city's discretion, the director may approve any other alternative to providing off-street parking spaces on the site of the subject development if the applicant demonstrates to the satisfaction of the director that the proposed plan will protect surrounding neighborhoods, maintain traffic circulation patterns, and promote quality urban design to at least the same extent as would strict compliance with otherwise applicable off-street parking standards.

H.

Parking lot dimensions and design standards.

1.

Location and setbacks.

a.

Off-street parking lots.

i.

All districts. Unless otherwise approved under the parking alternatives subsection above, the off-street parking lot shall be located within 200 feet, exclusive of street and alley widths, of an entrance of the principal use it is intended to serve, and shall have direct access to a street or alley.

ii.

Residential or adjacent to residential districts. No parking area accessory to a nonresidential use shall be permitted within a front yard setback if the use is located in a residential district or immediately abutting the front yard of a residential use.

iii.

Downtown districts. In the DM and DF districts, no parking shall be permitted within a front yard setback.

iv.

Property lines. Vehicles shall not hang over property lines. This shall be accomplished by one (1) of the following:

(A)

Pavement shall setback at least three feet from the property line.

(B)

A fence or other form of barrier shall be installed that prevents vehicles from overhanging the property line.

(C)

A mutual access easement is provided that allows cross access between the properties.

b.

Parking structures. In downtown districts (DM and DF), the maximum frontage of parking structures along any one (1) block shall be 200 feet.

2.

Dimensions of parking spaces. Parking layout dimensions for required off-street parking spaces and aisles shall be in accordance with or in proportion to the standards set forth in Illustrations 5.8 through 5.11 below.

3.

Recreational vehicle spaces. Parking spaces for recreational vehicles, if provided, shall be a maximum of ten feet by 40 feet.

4.

Construction and drainage. All parking areas shall be constructed and drained in accordance with city ordinances and regulations.

5.

Maintenance. Parking facilities shall be continually maintained in compliance with the approved site and/or subdivision plan and shall be free of litter and debris at all times.

6.

Surface requirement. All parking spaces required by this section shall be paved with a sealed, all-weather surface pavement of asphalt or concrete. For purposes of this section, an area used for secured storage of vehicles that is anticipated to last for more than four months without interruption is exempt from this paving requirement.

7.

Vehicular circulation. All parking areas shall be located and designed so as to avoid undue interference with the use of public streets and alleys. Parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. The backing of a motor vehicle onto a public street from a parking area is prohibited, except from a residential parking area that does not exceed two spaces per dwelling unit. Parking spaces must be directly accessible to a parking aisle.

8.

Parking lot landscaping, buffering and screening. All parking lot landscaping, buffering, and screening shall comply with the applicable requirements in Section 5.2.

9.

Driveways. Driveways for single-family residences shall not exceed 25 feet in width, exclusive of curb returns.

I.

Off-street loading requirements. Development of any nonresidential or public/institutional use shall require provision of off-street loading spaces in conformance with the following minimum requirements:

1.

Types of loading berths. Required off-street loading space shall be provided in berths that conform to the following minimum specifications:

a.

Type A berths shall be at least 60 feet long by ten feet wide by 14 feet, six inches high, inside dimensions.

b.

Type B berths shall be at least 30 feet long by ten feet wide by 14 feet, six inches high, inside dimensions.

c.

Type C berths shall be located in the rear of a lot and may utilize part of an adjacent alley. The building setback shall be a minimum of five feet from the property line along the alley for the entire width of the lot.

2.

Number of spaces. The following numbers and types of berths shall be provided for the specified uses in Table 5.4.5.: Off-Street Loading Berths; provided. The uses specified in this subsection shall include all structures designed, intended, or arranged for such use.

3.

Uses not specifically mentioned. In the case of a use not specifically mentioned in this section, the requirements for off-street loading facilities shall be the same as the use mentioned in this section that, in the opinion of the director, has most similar parking characteristics to the use mentioned in terms of loading classification.

4.

Concurrent different uses. When any proposed structure will be used concurrently for different purposes, final determination of loading requirements shall be made by the director, but in no event shall the loading requirements be less than the total requirements for each use based upon its aggregate gross floor area.

5.

Location of off-street loading facilities. Off-street loading facilities required under this section shall be in all cases on the same lot or parcel of land as the structure they are intended to serve. The required off-street loading space shall not be part of the area used to satisfy the off-street parking requirements unless approved by the director based on the adequacy of the site to accommodate both simultaneously. The placement of proposed off-street loading facilities adjacent to residential areas or in an area with a residential zoning classification shall be considered for noise and glare impacts. Mitigation techniques, including appropriate site design measures, may be required by the director.

6.

Manner of using loading areas. No space for loading or unloading of vehicles shall be so located that a vehicle using such loading space projects into any public street. Loading spaces shall be provided with access to an alley, or, if no alley adjoins the lot, with access to a street. Any required front, side, or rear yard may be used for loading unless otherwise prohibited by this Ordinance. Design and location of entrances and exits for required off-street loading areas shall be subject to the approval of the director based on consideration of the traffic flow and traffic safety. Service and off-street loading areas shall comply with the screening requirements for such areas in subsection 5.2.D.

7.

Loading area location. To the maximum extent feasible, loading areas shall be located to the rear of a site and/or away from adjacent residential areas.

8.

Signs. The owners of the property shall provide, locate, and maintain loading signs as specified by the director. Such signs shall not be counted against allowed advertising sign area.

J.

Prohibited occupation of parking spaces.

1.

Except for infrequent, special, temporary events approved under Section 3.4, temporary uses, of this Ordinance, required parking spaces shall be available for the parking of operable passenger vehicles of residents, customers, patrons, and employees only, and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or use, or for the purpose of advertising.

2.

Parking for which a fee or other payment is paid or received shall be a principal use, not an accessory use unless approved as part of a specific use permit or planned unit development application.

K.

Parking in residential and agricultural zoned districts.

1.

Surface requirement. All parking spaces or areas where any vehicle is stored or parked shall be paved with a solid, all-weather surface pavement of asphalt or concrete.

2.

Driveways and parking spaces.

a.

Platted subdivisions:

i.

All parking spaces or areas where any vehicle is stored or parked shall be paved with a solid, all-weather pavement of asphalt or concrete.

ii.

Driveway from edge of the street to parking space shall be paved with a solid all-weather pavement of asphalt or concrete.

iii.

Driveway ingress (approach) width shall be no greater than 25 feet exclusive of curb returns at the street curb or pavement edge for two-car garages and no more than 27 feet for three-car garages.

b.

Unplatted areas: Unplatted properties that contain one (1) acre or more where a residential use exists.

i.

All parking spaces or areas where any vehicle is stored or parked shall be paved with solid, all-weather pavement of asphalt or concrete and shall be at least 25 feet in length.

ii.

Driveways from the edge of the street shall be paved with a solid, all-weather pavement of asphalt or concrete from the curb or pavement edge and extending twenty-five (25) feet past the ultimate right-of-way.

iii.

Driveway ingress (approach) width shall be no greater than 25 feet exclusive of curb returns at the curb or pavement edge for two-car garages and no more than 27 feet for three-car garages except in cases where agricultural use and residential use occur together, the Director or designee may grant an exception to the maximum width of the driveway ingress (approach) to accommodate typical agricultural-related equipment needs.

iv.

After 25 feet beyond the ultimate right-of-way pavement to the parking spaces may be paved with an all-weather type paved surface, ecologically friendly materials such as concrete pavers, or washed gravel, if this distance is fifty (50) feet or greater. If this distance is less than fifty (50) feet, this area shall meet the requirements of [this] subsection K.2.b.

v.

Unplatted residentially zoned and/or used properties that are less than one (1) acre will comply with the standards of platted subdivisions for all parking spaces and driveway/ingress surfaces.

3.

Commercial vehicle parking. No more than one (1) commercial vehicle, which does not exceed one and one-half (1½) tons rated carrying capacity, or have more than two axles, or does not exceed 24 feet in length, except for immediate loading or unloading; per family living on the premises, shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline, or liquefied petroleum products be permitted. In no case shall the commercial vehicle and/or attached trailer be parked over any portion of a sidewalk. Length of each vehicle, or a trailer attached to a vehicle shall be measured separately.

4.

Recreational vehicle (RV) and boat parking. No more than one (1) camping, or travel trailer, or hauling trailer, or recreational vehicle per household shall be permitted on any residential lot, and no more than one (1) boat and its associated trailer, per household shall be parked or stored on any residential lot exclusive of those vehicles entirely stored within a fully enclosed structure. Provided that no trailer, boat, or recreational vehicle shall be parked or stored on the premises for more than a single period not to exceed twenty-four (24) hours in length during any week unless such is located behind the front building line. On corner lots burdened by building lines from two streets, no such vehicle shall be parked or stored unless such is located behind both building lines. The Director or a designee may authorize the parking of Recreational Vehicles in front of building lines for periods of up to three (3) days plus extensions not to exceed ten (10) days cumulative, where temporary special circumstances would justify such a nonrecurring use for visitors to the household, and all streets, sidewalks, and sight triangles remain clear. For the purposes of this section, a week shall be defined as a period of time commencing at 12:00 a.m. Sunday morning, and ending at 11:59 p.m. Saturday evening.

5.

Unlicensed, untagged and inoperable vehicles. No person shall park, store, leave or permit the parking, storing or leaving of any abandoned, partially dismantled, non-operating, wrecked or junked vehicle in the open, upon public or private property on a public street, for a period exceeding forty-eight hours (48 hours), unless such vehicle or the parts thereof are stored within a fully enclosed building or are stored on property lawfully designated under the Zoning Ordinances as a place where such vehicles may be stored.

6.

Vehicles in side or back yards. No vehicles, other than Recreation Vehicles (as described in Section 4, above), shall be parked, stored or kept in any side or rear yards.

(Ord. No. 3057, § I, 10-6-2009; Ord. No. 3175, § I, 9-20-2011; Ord. No. 3340, § 1, 4-21-2015; Ord. No. 3540, § II, 9-18-2018; Ord. No. 3599, § IV, 8-20-2019; Ord. No. 3599 (corrected), § III, 3-17-2020; Ord. No. 3778, § IV, 4-4-2023)

A.

Purpose. The standards of this Section 5.5 are intended to promote high-quality multifamily residential development and construction; protect property values; and encourage visual variety and architectural compatibility.

B.

Applicability. This section applies to development of all multifamily residential uses, unless otherwise indicated.

C.

Multifamily building design standards.

1.

Building location and orientation.

a.

In multibuilding developments, the buildings are encouraged to be arranged to enclose and frame common areas. Common areas and courtyards should be convenient to a majority of units.

b.

When more than one (1) multifamily building is constructed:

i.

No side, end, or rear wall of a multifamily structure shall be located within 20 feet of a side, end, or rear wall of any other multifamily structure;

ii.

No side, end, or rear wall of a multifamily structure shall be located within 30 feet of the front wall of any other multifamily structure; and

iii.

No front wall of a multifamily structure shall be located within 40 feet of the front wall of any other multifamily structure.

iv.

No more than three structures shall be located continuously on the same building line, or within 30 feet of such building line established. Buildings shall be arranged so that the fronts of the buildings are set to the front or back of each adjacent front building line by at least 30 feet or more.

v.

Parking lots shall be no more than 500 feet in length without an offset change in direction of 30 feet or more, centerline to centerline.

2.

Building mass and articulation.

a.

The maximum length of any multifamily building shall be 160 feet.

b.

Each facade greater than 50 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least ten per cent of the length of the facade, and extending at least 20 per cent of the length of the facade. No uninterrupted length of any facade shall exceed 50 horizontal feet.

c.

Blocky, uniform facades are prohibited. The facades of all multifamily buildings shall be articulated through the incorporation of two or more of the following:

i.

Balconies;

ii.

Bay or box windows;

iii.

Porches;

iv.

Dormers;

v.

Variations in materials; or

vi.

Variations in roof forms.

d.

The height of each multifamily building taller than 35 feet shall be stepped down from its highest roofline at least one (1) full story on any end of the building located within 50 feet of a street right-of-way or an adjacent area with single-family or two-family residential development.

e.

On multifamily buildings of eight units or less, the massing and use of exterior materials should be arranged to give each building the appearance of a large single-family home (See Illustration 5.12.).

3.

Roof design.

a.

The incorporation of a variety of roof forms is strongly encouraged. Upper-level residential floors may be incorporated into the roof form to reduce the apparent height and mass of buildings.

b.

Multifamily residential buildings shall be designed to avoid any continuous roofline longer than 50 feet. Rooflines longer than 50 feet shall include at least one (1) vertical elevation change of at least two feet.

c.

All roof jack and penetrations shall be painted to match adjacent roof color.

4.

Facades and detail elements.

a.

Windows. All elevations on multifamily buildings shall contain windows. Primary facades and street-facing elevations shall contain at least ten per cent windows.

b.

Four-sided design. A multifamily building's architectural features and treatments shall not be restricted to a single elevation. All sides of a building open to view by the public shall display a similar level of quality and architectural interest.

c.

Exterior building material. At least 60 per cent of the exterior of the building, excluding doors and windows, shall be constructed of but not limited to masonry, concrete panels, exterior insulated finished systems, and/or stucco. In addition, 20 per cent of the street facing facade shall be constructed of natural brick or masonry rock.

d.

Entrances and porches.

i.

Entrances should be prominent and visible from the street and from parking areas.

ii.

The front entry of any structure with no porch shall be emphasized by the use of at least two of the following:

(A)

An elevation at least one (1) foot above the grade of the nearest sidewalk;

(B)

Double doors;

(C)

A roofed structure such as a portico, awning, or marquee; or

(D)

The inclusion of side-lights (glazed openings to the side of the door), and transom-lights (glazed opening above the door) in the entry design.

5.

Storage for accessory elements. A multifamily project shall provide covered, enclosed, and secure storage areas for bicycles and other belongings that typically cannot be accommodated within individual dwelling units. Storage and other accessory buildings shall be designed with materials and/or architectural elements that are related to the principal building(s).

6.

Garages.

a.

Attached or detached garages. To the maximum extent feasible, detached garages and carports shall not be located between a principal multifamily building and a street, but shall instead be internalized in building groups so that they are not visible from adjacent streets.

b.

Size. Detached garages and carports shall be limited to six spaces per structure to avoid a continuous row of garages. No more than six garage doors may appear on any multifamily building elevation containing front doors, and the plane of each garage door shall be offset at least two feet from the plane of the garage door adjacent to it.

c.

Design. Detached garages and carports shall be integrated in design with the principal building architecture, and shall incorporate similar and compatible forms, scale, materials, color, and details. Side- or rear-facing garages shall have windows or other architectural details that mimic the features of the living portion of the structures on the side of the garage facing a street.

A.

Purpose. The purpose of this Section 5.6 is to establish standards for the use of outdoor lighting facilities that serve private developments; provide adequate lighting for customer, pedestrian, and driver use; provide for the efficient use of energy; and mitigate nuisance, and glare to adjacent properties.

B.

Applicability.

1.

General. All exterior lighting for any type of residential or nonresidential development shall comply with the standards of this Section 5.6, unless exempted in subsection 2 below.

2.

Exemptions. The following types of lighting are exempt from the requirements of this Section 5.6:

a.

Outdoor lighting associated with single-family residential dwellings or duplex development projects;

b.

Outdoor lighting used for public streets and right-of-way lighting;

c.

Public utility companies when working on public utility lighting for public utility purposes in utility easements;

d.

Outdoor lighting used for public or private recreational activities, sporting events at stadiums and ball fields, concerts, plays, or other outdoor events that are public or private, and

e.

Outdoor lighting used for temporary decorative seasonal lighting or other temporary events.

C.

Lighting plan requirement. In order to ensure safety and compliance with the standards in subsection D. below, outdoor lighting plans demonstrating compliance with the standards of this Section 5.6 shall be required with the submittal of a site plan. If no outdoor lighting is proposed, a note shall be placed upon the face of the site plan indicating that outdoor lighting is not required.

D.

General lighting standards. An applicant may use either the "fixture height standard" or the "photometric standard," as detailed below in subsection E. Regardless of the method chosen, outdoor lighting must be in compliance with the following standards:

1.

Safety. Either method used shall provide sufficient and safe illumination for vehicle movement and pedestrian safety.

2.

Light poles. Light poles shall not be placed in street rights-of-way or utility easements adjacent to street rights-of-way, except by franchised utility companies or by the City of Broken Arrow, as a part of a street lighting project. Light poles may be placed in other utility easements with the approval of the director; and if light poles are allowed to be placed in utility easements, a note shall be placed on the face of the site plan stating the following: "Property owner(s) assumes all liability and replacement responsibilities for any damage to light poles placed in utility easements."

3.

Site perimeter illumination. Illumination of the perimeter of the site shall be reduced in intensity when adjacent to lesser intensive uses or public rights-of-way measured in footcandles (fc) at three feet above grade as follows for either the fixture height or the photometric standard:

a.

Site adjoining another nonresidential zoning district: 3.0 fc.

b.

Site adjoining agricultural/residential zoning districts: 0.5 fc.

c.

Site adjoining public rights-of-way: 3.0 fc.

4.

Shielding. Light sources shall be concealed or shielded with luminaries with cut-offs with an angle not exceeding 90 degrees to minimize the potential for glare and unnecessary diffusion on adjacent property. For purposes of this standard, "cut-off angle" is defined as the angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above from which no light is emitted. (See Illustration 5.13.)

E.

Methods of compliance.

1.

Method 1: Fixture height standards. All outdoor lighting shall be by shielded fixtures. Light fixtures shall be parallel to the final grade and installed so that no direct light will shine beyond the subject property. The height of light poles and fixtures shall be approved through the site plan process.

a.

Fixture height standard lighting plan. The submitted lighting plan shall include the following:

i.

A scale drawing of the site with all outdoor lighting locations shown;

ii.

Fixture specifications, including catalog cut-sheets or generic standards;

iii.

Pole type and height of fixture from base of the pole;

iv.

Lamp type and size; and

v.

Fixture mounting, and orientation.

b.

Allowable heights. Allowable heights of light fixtures shall be measured from the light-emitting surface to the base of the pole location as follows:

i.

Maximum height of 16 feet, within 50 feet of agricultural/residential zoned districts, or public right-of-way;

ii.

Maximum height of 20 feet, within 51 feet to 250 feet of agricultural/residential zoned districts, or public right-of-way;

iii.

Maximum height of 35 feet, if located a minimum 251 feet from agricultural/residential zoned districts, or public right-of-way;

iv.

Maximum fixture height shall not exceed 35 feet; and

v.

Canopy lighting shall be by recessed fixtures with diffusers that do not extend below the canopy surface.

2.

Method 2: Photometric standard. A photometric plan is required to be submitted unless the "fixture height standard" is utilized. If the "photometric standard" is desired to increase pole heights, the applicant shall submit a photometric plan in sufficient detail to evaluate its conformance with the general lighting standards in subsection E. above. The photometric plan shall include the following:

a.

A scale drawing of the site with all outdoor lighting locations shown;

b.

Fixture specifications, including catalog cut-sheets or generic standards;

c.

Lamp type and size;

d.

Fixture mounting heights, mounting orientation, and tilt angles if applicable;

e.

A representative point-by-point illumination array for the site showing property lines and off-site lighting impacts;

f.

The maximum fixture height shall not exceed 35 feet as measured from the base of the fixture to the base of the pole;

g.

Canopy lighting shall use recessed fixtures with diffusers that do not extend below the canopy surface.

F.

Lighting level measurements. Light levels shall be measured with a direct-reading, portable light meter, calibrated within the last year by an independent laboratory regularly engaged in the calibration of such instruments. The meter's sensor shall be located at the top of the visual screening fence on the property line (or at a height of three feet above the surrounding local grade if there is no fence), aimed towards the subject property in horizontal position. Readings shall be recorded after the value has stabilized. Measurements are made after establishment of darkness with the light sources to be measured illuminated, and then with those light sources extinguished. The difference between these two readings will then be compared to the maximum allowed illumination at the property line. In this way, contributions to light levels by the moon and other ambient light sources are eliminated and the light intensity from the sources in question can be determined.

A.

Purpose and intent. The purpose of this section is to ensure that the constitutionally guaranteed right to free speech is protected and to promote and protect the health, safety and general welfare of the citizens and the City of Broken Arrow through administering fair and reasonable sign standards. The intent is to preserve the aesthetic character and maintain traffic and pedestrian safety by defining the types of signs that are permitted and prohibited in the various zoning districts, the manner in which sign size will be measured, and to exempt certain types of signs from regulation.

The regulations set forth in this section are not intended to restrict content of signs and should not be construed that way. Rather, the regulations are intended to fulfill compelling government interests such as maintaining a visually attractive and safe environment through the following:

1.

Traffic and pedestrian safety. To maintain traffic and pedestrian safety by regulating placement of signs so that clear sight distance is maintained, free of obstructions, and to ensure that signs do not distract or are not blinding to motorists, bicyclists, or pedestrians.

2.

Aesthetics. To promote and maintain the beautification of the City of Broken Arrow by regulating the size, design and placement of signs in a manner that promotes and enhances the aesthetic quality and complements the natural areas.

3.

Economic development. To promote high-quality non-residential development that presents an attractive image of the City of Broken Arrow and contributes to quality of life and economic development.

4.

Zoning district considerations. To consider the intensity of land use areas in determining the appropriate signage for each district.

5.

Historic character. To preserve the scale and character of core areas such as the downtown area.

6.

Property values. To protect property values by regulating the time, place and manner of signs by prohibiting signs that may create a nuisance due to their size, height, number, illumination, movement and scale with the surrounding area.

B.

Permits and registration.

1.

Issuance. Sign permits and registrations shall be issued by the community development department.

2.

Sign permit requirements. No sign, except those that are registered under subsection 3, allowed or exempt under subsection 9, or subsection 10 below, and temporary signs having six square feet or less of display surface, may be constructed or erected within the city, on a single lot without first receiving a sign permit from community development. The permitted use of an on-premises sign, on its own premises, shall not be altered to any other use without first applying for and receiving a permit for such sign use. Applications for sign permits must include:

a.

Proof of ownership or written permission of the owner of the lot upon which the proposed sign will be constructed.

b.

A scaled drawing (site plan) of the property showing with dimensions the distance of the proposed sign location from property lines, structures, easements, and driveways.

c.

The proposed dimensions of the sign and a description of the method of supporting the sign.

d.

Elevations of the proposed sign location in comparison to structures and other elements.

e.

The measurement of distance from the proposed signs to the limited access highway, turnpike right-of-way, collector street, arterial street, property line or other boundary set out within the different zoning districts, however if the distance is greater than 1,500 feet, then no such measured distance is required to be reported, except that the applicant shall so state that the distance is greater than 1,500 feet.

f.

The name and business address of the licensed contractor and the licensed electrical contractor if the sign is electrically powered.

g.

The name and contact information of the sign owner.

3.

Sign permit requirements (applicable to banner, temporary, and mobile signs).

a.

The applicant shall acquire a permit from the community development department, with all lot owner's written authorization, for all banner, temporary, or mobile signs at least ten business days prior to displaying such banner or sign. Permits under this section are not transferable. See subsection 5.7.F. below for further regulations.

b.

The lot owner requesting a permit for a banner, temporary or mobile sign shall be notified in writing by the community development department when the registration is denied. The written notification will be given within a reasonable time after the denial.

4.

Sign contractors. Any contractor desiring to construct signs for others within the Broken Arrow city limits shall register their business name, business owner, address, phone number or other contact information, with the community development department. Contractors who fail to register, or who fail to use licensed electricians, shall be subject to the penalties as described in chapter 9 of this zoning ordinance.

C.

General sign standards in all non-residential zoning districts.

1.

Setbacks.

a.

From public right-of-way. No sign shall be erected, constructed, placed, or projected into or over any public right-of-way, except that in the DM and DF zone districts and area 6 of the downtown residential overlay district (DROD), projecting signs may extend into the right-of-way provided there is a vertical clearance of at least eight feet above the sidewalk and the sign does not extend past the sidewalk.

i.

For locations adjacent to arterial streets, the right-of-way shall be defined as the ultimate right-of-way planned for the area as shown by the most recently adopted comprehensive plan for Broken Arrow. (Within 500 feet of all arterial street intersections, the ultimate right-of-way is 70 feet from the section line. Beyond 500 feet of the arterial street intersection, the ultimate right-of-way for primary arterial streets is 60 feet from the section line, and for secondary arterial streets the ultimate right-of-way is 50 feet from the section line.)

ii.

For locations adjacent only to non-arterial streets, the right-of-way shall be defined as the actual area that is publicly owned, designated, or dedicated as right-of-way or as easement for one or more streets.

b.

From residential districts.

i.

No permanent freestanding signs, projecting signs, on-premises signs, or wall signs shall be located within 50 feet of any residentially zoned district except for subdivision identification freestanding signs, or those permitted within a planned unit development (PUD) or by a specific use permit (SUP). Residentially zoned districts that are used solely for streets, railroads, or highways are excluded from this subsection.

ii.

Any sign located within 50 feet to 100 feet of a residentially zoned district shall be limited to a maximum height of eight feet and shall not exceed 64 square feet of display area, regardless of setback.

iii.

Any sign located within 200 feet of a residential district shall not exceed 300 square feet in display surface area.

c.

From highway. Freestanding signs shall be set back a minimum distance of ten feet from any limited access highway or turnpike right-of-way, notwithstanding the setback requirements as set out in section 5.7.C.5.b.

d.

Site triangle clearance. Except for public signs, no signs shall be located within 25 feet of the point of intersection of the ultimate right-of-way of two or more public streets, nor within 25 feet of the intersection of a public street right-of-way and a private street or driveway, nor within the median of a divided driveway for a distance of 25 feet from the entrance to the public street right-of-way.

e.

Pre-existing freestanding signs. In cases where there is a preexisting freestanding sign, any subsequent sign placement or land use shall also meet the above setback requirements.

i.

Modifications to pre-existing pole signs will be required to become compliant with sign design standards.

f.

Animated signs. No flashing, intermittent, animated graphic or moving sign shall be permitted within the City of Broken Arrow.

2.

Sign illumination.

a.

Incandescent illumination.

i.

No sign shall exceed an illumination of 70 footcandles as measured at a two-foot distance from the source of the illumination. Incandescent lamp message centers shall not be programmed to function as a strobe in an on-and-off display mode. Incandescent lamp message centers must utilize a dimming feature that will dim the lights during dark hours to no more than 80 percent of the normal watts used during daylight hours. Light source shall be shielded so that it does not impair the vision or endanger the safety and welfare of any pedestrian, cyclist, or person operating a motor vehicle.

b.

LED (light emitting diode), digital signs.

i.

Digital signs are primarily allowed in commercial or industrial zoning districts. Institutional uses within agricultural or residential zoning districts may be permitted to have a digital sign upon approval of a specific use permit (section 5.7.E.2).

ii.

One digital sign is allowed per business or entity as either a wall sign or a ground sign.

iii.

No digital sign shall display an illuminative brightness of such intensity or brilliance that it impairs the vision or endangers the safety and welfare of any pedestrian, cyclist, or person operating a motor vehicle. No digital (LED) sign shall display an illuminative brightness exceeding 300 NITs at any time between one-half hour after sunset until one-half hour before sunrise or 5,000 NITs between one-half hour before sunrise until one-half hour after sunset.

iv.

Digital signs shall display only static messages with constant light and do not have movement or the appearance or optical illusion of movement. The dwell time for a message shall be a minimum of eight seconds.

v.

No digital sign shall resemble or simulate any warning or danger signal, or any official traffic control device, sign, signal or light.

vi.

No digital sign shall be permitted to operate unless it is equipped with a default mechanism that shall freeze the sign in one position or static message if a malfunction occurs.

vii.

Digital signs shall include a mechanism able to automatically adjust the display's illuminative brightness according to natural ambient light conditions by means of a light detector/photo cell by which the sign's brightness shall be dimmed after dark.

viii.

LED message centers shall be equipped with a security feature that prevents the sign message from being interfered with.

3.

Separation of signs. All freestanding signs or projecting signs shall maintain a minimum separation of 30 feet from any other freestanding sign or projecting sign. However, in cases where there is a preexisting off-premises advertising sign, except for those allowed in section 5.7.D, any subsequent placement of a freestanding sign shall be separated by at least 500 linear feet along the street frontage from the pre-existing off-premises advertising sign. Further, wall signs or projecting signs shall not exceed the height of the parapet of the building to which they are attached. Provided, where architectural features of the building will not permit a wall sign of at least three feet in height, a wall sign may be extended above the parapet of the building wall a distance sufficient to permit a sign of three feet in height.

4.

Off-premises signs. Off-premises signs shall not be permitted, except as provided in this section and section 5.7.D.

a.

Pre-existing billboards signs may be updated to ensure proper maintenance, and aesthetic quality. However, no new billboards shall be permitted, except as provided in subsection 4.b. below.

b.

Privately owned billboard signs may be permitted on city-owned property, subject to a valid lease agreement approved by the city council. Such billboards shall comply with all applicable provisions of this section 5.7. including, but not limited to, requirements for illumination, maintenance, and aesthetic standards. Notwithstanding any limitations elsewhere in this section. Off-premises billboard signs permitted under this subsection may be allowed to exceed the maximum height and size otherwise applicable to signs, as expressly provided in the terms of the lease or as set by resolution of the city council. All billboards permitted under this subsection shall comply with all applicable requirements set by the Oklahoma Department of Transportation.

5.

Height.

a.

The height of freestanding signs shall be measured from the grade where the sign is located and shall not exceed 20 feet in height except as modified by the following: Additional height may be granted for additional setbacks, measured from the ultimate right-of-way line on a one foot vertical to a two foot horizontal basis, to a maximum of 30 feet.

b.

On lots that are adjacent to a designated turnpike right-of-way or limited access highway, the height of the sign may be increased to 50 feet using the formula herein stated measured from the right-of-way line provided the sign is located within 100 feet of the turnpike or limited access highway right-of-way line. However, a sign that is adjacent to a designated turnpike right-of-way or limited access highway, which sign's set back is located at the minimum distance allowed of ten feet, shall have a maximum height of 25 feet.

c.

Any sign that projects over a pedestrian walkway shall have a minimum of eight feet of vertical clearance.

d.

Any sign that projects over a vehicular access area shall have a minimum of 14 feet of vertical clearance.

6.

Size.

a.

Display surface area. No sign shall exceed 500 square feet of display surface area if being used by multiple users, nor 300 square feet if used by a single user. Multiple users shall mean two or more users on the sign. The identification plaque, decal, or other device that identifies the owner of the sign shall not be considered in the calculation of the multiple users.

b.

Adjacent to turnpike or highway.

i.

A single sign per lot with turnpike right-of-way or limited access highway frontage shall not exceed an aggregate display surface area of three square feet per each linear foot of limited access highway or turnpike frontage not to exceed a maximum of 300 square feet.

ii.

Multiple signs per lot with turnpike right-of-way or limited access highway frontage shall not exceed an aggregate display surface area of two square feet per each linear foot of limited access highway or turnpike frontage not to exceed a maximum of 500 square feet.

c.

All other signs. All other signs per lot shall comply with the following standards except as otherwise provided within this section:

i.

Lots with one freestanding sign shall not exceed an aggregate display area of two square feet per linear foot of lot frontage not to exceed 300 square feet.

ii.

Lots with multiple freestanding signs shall not exceed an aggregate display area of one square foot per linear foot of lot frontage, not to exceed 500 square feet.

iii.

Wall signs and projecting signs may utilize an aggregate display surface area of three square feet per linear foot of the wall on which it will be placed.

d.

Sign area measurement. In computing the permitted display surface area for signs, the linear footage of an abutting secondary residential street shall not be combined with the linear footage of any collector street, arterial street, limited access highway or turnpike that is being used to calculate the permitted display surface area. Only one side of a double-sided sign shall be included in the computation of display service area. Double-sided signs may be separated, as long as the separation of the two display surfaces shall not exceed ten feet.

7.

Forbidden lights and representations.

a.

No sign containing facsimiles of traffic control devices of any sort shall be located within 100 feet of the point of intersection of two or more public streets. No revolving red or blue lights shall be allowed. No sign containing light shall exceed an illumination of 70 foot candles as measured at a two-foot distance from the source of the illumination.

b.

Medical marijuana:

i.

Per 63 O.S. § 427.21, advertising for medical marijuana and medical marijuana products shall not contain any statements, illustrations, or other material that:

(1)

Is deceptive, false, or misleading;

(2)

Promotes overconsumption;

(3)

Represents that the use of marijuana has curative or therapeutic effects;

(4)

Depicts a child or other person under legal age consuming marijuana;

(5)

Depicts objects such as toys, cartoons, cartoon characters, or similar images, which suggest the presence of a child, or any other depiction designed in any manner to be especially appealing to children or other persons under legal age to consume marijuana; or

(6)

Has any manner or design that would be especially appealing to children or other persons under 18 years of age.

8.

Public easements. Signs may be erected within public utility easements and the unused portions of platted alleys under the following conditions:

a.

Sign structural poles/footings shall not be located immediately over city-owned utilities (i.e., waterlines, sanitary sewer lines, storm water lines, or facilities owned by the city) that are located in public utility easements or the facilities of franchised utility providers. Freestanding signs may be placed in public drainage easements upon prior written approval by the city engineer.

b.

The construction of the sign must be lawful.

c.

Site plans that show a sign placed in a utility easement shall have the following note placed on the face of the site plan: "Sign owner(s) assume all liability and replacement responsibilities for any damage to signs placed in utility easements."

d.

Sign placement within the public utility easement or alley should be done at the sign owner's own risk, and with the express knowledge that the needs for the construction, reconstruction, maintenance and repair of the existing or future publicly owned or franchised utilities are a priority and dominant over the servient estate of the sign placement.

e.

The sign placed in a public utility easement must meet the setback requirements of this article. The sign shall be constructed so that no portion thereof projects over the street right-of-way, or blocks the site triangle at intersections or blocks the sidewalks to normal pedestrian or bicycle traffic.

f.

No sign, nor any portion or support thereof shall be placed within a drainage easement or drainage area without the written approval of the city engineer, regardless of how the drainage easement or drainage area may have been created, obtained or conveyed and regardless of how the drainage easement or drainage area is designated, whether it is an easement, right-of-way, or any other type of designation.

g.

As a precondition to a permit being issued for a sign constructed within public easements, the sign owner shall submit a written statement, which is either made a part of the plat or is recorded in the county land records that states to the effect that:

i.

The sign owner acknowledges the prior rights and status of the public, its trustees, and franchised utility owners;

ii.

The sign owner assumes all liability and replacement responsibilities for any damage to its signs located within utility easements, as well as for any damage to subsurface or overhead facilities located within the easement, which may be damaged during the construction, installation, maintenance or repair of the signs; and

iii.

Acknowledgement that the sign is subject to removal at the sign owner's expense in the event that the city or a utility company has a need to construct, reconstruct, repair or maintain its facilities at that location.

9.

Certain signs not prohibited. The following types of signs shall be allowed by this section if located outside the right-of-way, and further, these types of signs will not be included in the computation of aggregate display surface area for other permitted signs:

a.

One nameplate attached to the face of the wall of a building, not exceeding four square feet in surface area.

b.

Temporary signs.

i.

Temporary signs, not exceeding six square feet of surface area in residential zoned areas and not exceeding 32 square feet of surface area in agricultural, office, commercial, and industrial zoned areas.

ii.

Temporary signs for properties with planned or active construction, which are displayed along arterial frontages that do not exceed one-half of a square foot per each linear foot of arterial street frontage but not less than 32 square feet and shall not exceed 200 square feet of display area. A temporary construction sign shall be located upon the property where the construction work is taking place.

c.

Signs which are not visible from a public street.

d.

Tablets built into the wall of a building or other structure utilized for inscriptions, memorials or similar historic or dedicatory purposes.

e.

Signs of a warning, directive or instructional in nature erected by any unit of government or franchise utility.

f.

Signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines, and similar devices.

g.

Legal notices required by law to be posted.

h.

Signs painted or posted on the surface of any window, when the display surface area of the sign does not cover more than 25 percent of the window.

i.

Signs located inside a building and either oriented to be primarily visible from inside the building only, or located more than 15 inches from the window. Signs erected inside a building by private parties of a warning, directive or instructional nature and not exceeding three square feet of display surface area, including entrance, exit and restroom signs.

j.

Signs attached by the manufacturer and function as labels of commodities.

k.

Signs located on accessory equipment or structures, which identify the manufacturer, make or model, and which are limited to 15 square inches or less for each piece of equipment or structure. By way of example and not by limitation, equipment may include satellite dishes, air conditioners, fence components and similar items.

l.

Street address numbers painted on the curb at the property owner's discretion.

m.

Directional signs that are less than four square feet.

10.

Special exemptions from regulations.

a.

Except as specified in subsection 9, certain signs not prohibited, signs that have not been issued a sign permit shall not be located in any zoning district of the city. Provided, that signs that were permitted by the city under previous sign regulations prior to the adoption of this section, or signs that were permitted by the county under previous regulations prior to annexation, may continue to exist and receive ordinary maintenance unless and until the use of the sign is discontinued for a period of six months, or the structure of the sign is damaged or destroyed in excess of 50 percent of its value, at which time such sign must be relocated in full conformity with the requirements of this section.

b.

Individuals exercising their First Amendment rights, under the U.S. Constitution or their free speech rights under the Oklahoma Constitution, shall not be required to obtain permits for any sign so long as the sign is physically located on the lot of that individual's actual residence, or is being physically carried by that individual while exercising their First Amendment right of free speech. In addition, such individual may not, while exercising their First Amendment rights, block any public way, whether right-of-way, exclusive easement, general utility easement or the associated sight triangles required for traffic safety. The sign located on the residential property must either be attached physically to the wall of the house or placed in the yard and shall not exceed 16 square feet, nor shall it exceed six feet in height.

c.

Exemption for governmental public signs. Public signs are exempt from the regulations of this section when placed or contracted by any governmental entity on government regulated property.

11.

Sign owner identified. Each sign shall have a plaque, decal, be readable to a person of ordinary height and vision at a distance of two feet from the base of the sign, and the information must be printed in English block print. This device must be readily accessible to an inspector employed by the city, but does not have to be generally observable to the public.

12.

Installation of signs. All signs, which are permitted under this section or any future amendments thereto, shall be installed by licensed sign contractors in accordance with the locations and plans submitted at the time of the application and subsequently approved by the city.

13.

Pole sign construction material. All pole signs will be required to wrap the base of the pole with masonry material to match the architectural style of the building on the site and to landscape the area around the base of the sign. If the pole sign is pre-existing and is being updated, then landscaping is not required when the existing area around the pole is paved so long as a landscaping box is a part of the updated design.

14.

Additional district-specific sign regulations.

a.

Wall signs in the DM and DF zoning districts and areas 5 and 6 of the downtown residential overlay district (DROD) shall have an aggregate display area not to exceed three square feet for each linear foot at the front building wall of the building not exceeding ten percent coverage of the total wall area. Wall signs in the mixed-use, office, and commercial districts shall have an aggregate display area not to exceed one square foot for each linear foot of the wall on which it will be placed.

i.

Projecting signs shall be no larger than 12 square feet in area. Brackets for projecting signs should be located under a second floor window sill or a maximum of 15 feet from the street level.

ii.

Neighborhood identification signs are permitted as outlined in the Broken Arrow downtown master plan and the downtown residential overlay district guidelines including gateway signs that identify the primary entrances into the district.

iii.

When two or more businesses occupy the same building, identifying signs should be grouped together in a single panel.

iv.

All signs in the downtown area require approval of the community development director.

b.

In mixed-use, commercial, and industrial districts, no more than one sign per 150 feet of limited access highway frontage, arterial street frontage, collector street frontage or a fraction thereof. On lots with multiple street frontages (i.e., corner lots, double frontage lots), the street frontage is not cumulative. In office districts, no more than one sign per 100 feet, or fraction thereof, of turnpike right-of-way, limited access highway frontage, arterial street frontage, collector street frontage.

c.

Properties having commercial uses located within area 7 of the downtown residential overlay district (DROD) shall be subject to the requirements of section 5.7.C. with the additional requirements of:

i.

Shall be limited to ten feet feet in height and a maximum area of 50 square feet in area and include a masonry base.

ii.

No pole signs shall be permitted.

iii.

Shall be setback 50 feet from lots used for single-family residential.

15.

Sign regulations for planned unit developments (PUD). Signs in a PUD shall be governed by this section, but may be modified by the express terms of the PUD.

D.

Integrated development identification. A commercial and/or industrial development containing not less than 15 acres within a defined area (hereinafter referred to as "development area") under common ownership or control may provide integrated development identification ("hereinafter "IDI") in accordance with the following requirements:

1.

An application for IDI shall be submitted as a specific use permit in compliance with the hearing and notice requirements set forth within section 6.5.

2.

A legal description of the development area (containing not less than 15 acres), an abstractor's certification of ownership of the development area, the owners' written authorization to proceed and a graphic depiction of the location, size, and height of the integrated development sign as hereinafter defined, shall accompany the filing of the application.

3.

The permitted signage within the development area shall be limited as follows:

a.

One sign identifying the development and/or a tenant or tenants located within the development area shall be permitted (hereinafter the "integrated development sign") for each 15 acres (rounded to the nearest multiple of 15) not exceeding 35 in height nor 300 square feet of display surface area.

b.

In addition to the integrated development sign, a free standing sign for an individual tenant within a platted lot shall be permitted not exceeding ten feet in height nor 100 square feet of display surface area (hereinafter the "tenant sign") and each tenant sign shall have a monument base of substantially the same material as the exterior of the principal building on the lot.

c.

Except as above modified, signs within the development area shall meet the requirements of section 5.7.

4.

Upon approval of a specific use permit and prior to the issuance of a permit for any sign to be located within the development area, a declaration setting forth the following:

a.

The legal description and a graphic depiction of the land area comprising the development area.

b.

A recitation of the ownership of the development area.

c.

A statement of the applicability of the provisions of this chapter.

d.

A grant of any required easement sufficient to permit the location of a permitted sign not constituting an on premise sign.

e.

Provision for maintenance of each integrated development sign.

f.

Provision for the enforcement of the provisions of this chapter and the conditions of the specific use permit by each owner of any parcel of land located within the development area.

g.

Provision for the enforcement of the provisions of this chapter and the conditions of the specific use permit by the City of Broken Arrow shall be submitted to and approved by the Broken Arrow planning commission and thereafter duly filed of record in the office of the county clerk of the applicable county within which the development area is located.

E.

Agricultural and residential zoning districts.

1.

No sign in an agricultural or residential zoning district shall exceed 32 square feet or eight feet in height, unless further limited by this section. Signs advertising a home occupation are not allowed in any residential neighborhood.

2.

Permanent freestanding signs located on lots used for institutional uses such as, religious or charitable institutions, may be constructed and maintained as long as such signs do not exceed 32 square feet of display surface area nor eight feet in height. However, for the purposes of this subsection only, the maximum display surface area and height may be increased to the standards contained in section 5.7.C. of this article, through a PUD or by the specific use permit process.

3.

Permanent freestanding signs located on lots for educational institutions may be constructed and maintained to the standards contained in section 5.7.C of this article.

4.

Wall signs and freestanding signs shall be allowed on each side of a subdivision entrance where the subdivision entrance intersects an adjacent arterial street or another subdivision. Signs shall not exceed 32 square feet of display surface nor eight feet in height. Illumination may be provided as long as it is made by constant light, does not exceed 70 footcandles as measured as a distance of two feet from the source of light. Where the entrance of a subdivision is by way of a boulevard with a divided median, the identification sign may be placed within the traffic island, as long as the sign is located at least 25 feet from the point of intersection of the arterial street right-of-way. LED signs are not permitted for subdivision entrance signs.

5.

During the period of planned or active construction of a new subdivision, a construction sign may be erected on each perimeter street leading to the interior development, as long as the sign does not exceed eight feet in height and illumination may be provided as long as it is made by constant light, does not exceed 70 footcandles as measured as a distance of two feet. Temporary construction signs shall be removed upon completion of construction on 75 percent of the available lots within the development. LED signs are not permitted for new subdivision construction signs.

6.

A sign not exceeding six square feet of display surface area may be erected by the owner or occupier of each residence. However, the sign may not be placed within the boundaries of any public street, nor any utility easement, or within the site triangle of the intersection of two streets or the intersection of a street and driveway. Such signs may not be used for commercial purposes within the residential zoning district, except for residential zoned properties in area 7 of the DROD.

F.

Banner, temporary, mobile, inflatable, or promotional business signs.

1.

Duration, height and location.

a.

A banner, temporary, mobile, inflatable or promotional business sign shall be permitted only as provided herein, and such permits should be limited to no more than four per year for any single lot owner. Such banner, temporary, mobile, inflatable or promotional business sign may be used for a period of no more than 45 days on any one occasion, provided that the applicant may at the time of application request that all or any of the four permitted time periods run consecutively. However, the permitted time periods may not exceed 120 days total during a one-year period from the date of the first application. All banners, temporary, mobile business, inflatable or promotional signs must have the sign owner's name, address and phone number affixed to the banner, temporary, mobile, inflatable or promotional business sign at a location where it can be seen by inspectors, although it may be concealed from the public while on display in its ordinary manner.

b.

The height of banner, temporary, mobile, inflatable, or promotional business sign shall not exceed the height specified in section 5.7.C.5. All banners, temporary, mobile, inflatable or promotional business signs shall be set back from the property line by a distance of one foot horizontal for every one foot vertical of the sign as measured from the base of the sign.

c.

No banner, temporary, mobile, inflatable or promotional business sign shall be placed in a manner, which will interfere with the flow of vehicular and/or pedestrian traffic, or create traffic visibility hazards such as being placed in the sight triangles of the intersection of two streets or the intersection of streets and driveways. Banners, temporary, mobile, inflatable or promotional business signs must be anchored to the selected location sufficient to keep them from being moved by wind or storm.

d.

No banner, temporary, mobile, inflatable or promotional business sign shall be permitted to be located upon or within any required parking spaces or loading berths, nor shall it otherwise be located in such a manner to obstruct vehicular and/or pedestrian access or circulation.

e.

Except for standard public signs, no banners, temporary, mobile, inflatable or promotional business signs shall be located within 25 feet of the point of intersection of the right-of-way of two or more public streets, nor within 25 feet of the intersection of a public street right-of-way and a private street or driveway, nor within the median of a divided driveway for a distance of 25 feet from the entrance to the public street right-of-way.

f.

Regardless of any other provisions to the contrary, all banners, temporary, mobile, inflatable or promotional signs shall be designed and constructed to withstand a wind pressure of not less than 40 pounds per square foot of area, or of materials which are unlikely to become dangerous projectiles when propelled by windstorms.

g.

Except for public signs, banners, temporary, mobile, inflatable or promotional business signs shall not exceed 40 square feet of display surface area.

h.

Sandwich board signs, also known as A-frame signs, are allowed only in areas 5 and 6 of the downtown residential overlay district during business hours and do not require a permit. They must allow for a clear path of travel at all times and shall not interrupt pedestrian activity.

i.

A temporary construction sign shall be located upon the property where the construction work is taking place.

2.

Mobile sign anchorage. No mobile sign shall be placed unless such sign is anchored at each support by a steel rod driven at least 18 inches into the ground, or unless said sign is attached by a steel chain having at least three-quarters inch links or by a steel cable of at least one-half inch diameter to a building or to a permanent freestanding sign, or similar upright supporting structure.

3.

Zoning. Banners, temporary, mobile, inflatable, or promotional business signs as set out in this section E. may be permitted in any commercial, office or industrial zoning district.

4.

Number of signs. Banners, temporary, mobile, inflatable, or promotional business signs as set out in this section E. shall not exceed more than one sign at any given time per lot of record.

5.

On-site perimeter light pole mounted signs. One sign, not to exceed 15 square feet, mounted to one on-site light pole with permanent type bracket, between the range of three feet and ten feet from the ground, shall be permitted along each direction of store frontage at arterial intersections.

6.

Exceptions. Signs, temporary or permanent, mounted to fuel island pumps, fuel island canopy columns (mounted with permanent type mounting bracket and not to exceed three square feet), placed on pallets of displayed product at the base of the fuel island canopy columns or on the entry sidewalk at the store front shall be permitted, but exempt from fees.

G.

Definitions.

1.

The following are words and terms as they are used in this section:

a.

Accessory. Subordinate, customary, or incidental to, and on the same lot or on a contiguous lot in the same ownership and zone as the building or use being identified or advertised.

b.

A-frame. A sign made of wood, cardboard, plastic, or other lightweight and rigid material having the capability to stand on its own support(s) and being portable and movable. Also known as a sidewalk, sandwich or springer sign.

c.

Animation. Any visible mechanical movement in any sign, or apparent movement achieved by electrical pulsations or by other means, such as sequential light phasing.

d.

Animated sign. A sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, electrical, or electronic means. Animated signs, which are differentiated from changeable signs as defined and regulated by this Code, include the following types:

i.

Environmentally activated. Animated signs or devices motivated by wind, thermal changes, or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.

ii.

Mechanically activated. Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.

iii.

Electrically activated. Animated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:

(A)

Flashing. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this section, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds.

(B)

Patterned illusionary movement. Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.

e.

Awning. A movable shelter supported entirely from the exterior wall of a building and of a type which can be retracted, folded or collapsed against the face of the supporting building.

f.

Balloon sign. Means an individual or grouping of inflatable devices, at least three feet in height or width, with or without a specific message, figures or designs attached to its surface, used or intended to be used to attract attention. Depending upon its size or location a balloon sign may be considered a ground sign, a roof sign, an attached sign or a freestanding sign. Any tethers to free-floating inflatable devices shall be of non-conductive material. Balloons that do not meet the definition in this paragraph are not governed under the regulations of this chapter, except that no balloon, regardless of size, shall be located in the street right-of-way, nor be allowed, when tethered to a site, to drift into the street right-of-way or utility wires. Also known as inflatable sign.

g.

Banner. A flexible substrate on which copy or graphics may be displayed.

h.

Billboard. (Including poster and panel types) means a non-accessory sign or sign structure upon which advertising may be posted, painted, or affixed, and which is primarily designed for the rental or lease of the sign space for a purpose unrelated to the use of the property upon which the sign is located.

i.

Building code. The latest building code as amended and adopted by the city.

j.

Building frontage. The horizontal, linear dimension of that side of a building, which abuts a street, a parking area, a mall, or other circulation area open to the public and has either a main window display or a public entrance to the building. In industrial districts a building side with an entrance open to industrial employees shall also qualify as a building frontage. Where more than one use occupies a building, each such use having a public entrance or main window display for its exclusive use shall be considered to have its own building frontage, which shall be the front width of the portion of the building occupied by that use.

k.

Canopy. A permanently roofed shelter covering a sidewalk, driveway, service area or other similar area, which is usually supported by the building to which it is attached.

l.

Changeable copy. Copy or other images that physically change or give the appearance of change at intervals of less than ten minutes.

m.

Commercial sign. A sign that identifies, advertises, or directs attention to a business or is intended to induce a purchase of a good, property, or service, including, without limitation, any signs naming a brand of good or service and any sign which is not a non-commercial sign.

n.

Constant light. Light that provides a steady and continuous illumination intensity without flashing or strobes of light.

o.

Constant text. Text that is does not scroll across a display but is static.

p.

Contractor sign. Signs that denote the architect, engineer, contractor, lending institution or other related business when placed upon work under construction.

q.

Cutoff fixture. An outdoor light fixture shielded or constructed in such a manner that no more than two and one-half percent of the total light emitted by the fixture is projected above the horizontal plane of the fixture.

r.

Digital sign. A sign which displays an advertisement or message which is generated electronically and commonly utilizes computerized or electronic digital technology, including but not limited to digital display boards, electronic variable message signs, electronic billboards, and light emitting diode (LED) signs.

s.

Directional sign. Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian and vehicular traffic.

t.

Director. The city manager of the City of Broken Arrow, Oklahoma, or his or her duly designated representative.

u.

Double-sided sign. A structure with two parallel and directly opposite signs with their faces oriented in opposite directions.

v.

Dwell time. The amount of time that an image remains on a digital display.

w.

Electronic message center or board. A digital sign which utilizes computer-generated messages or some other electronic means of changing copy. These signs display a message or series of messages, typically using light emitting diodes (LED) to emit light, to form words, numbers, and may include images or pictures.

x.

Flashing illumination. A light source or other image which in whole or in part physically change in light intensity or gives the appearance of such change.

y.

Flashing sign. Any sign that incorporates in any manner apparent movement achieved by electrical pulsation, contains intermittent lighting or by other means such as sequential light phasing.

z.

Flood lamp. A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting.

aa.

Flood light. A form of lighting designed to direct its output in a diffuse, more or less specific direction, with a refracting elements located external to the lamp.

bb.

Footcandle (FC). A quantitative unit measuring the amount of light cast onto a given point, measured as one lumen per square foot.

cc.

Freestanding sign. A sign that is principally supported by a structure affixed to the ground, not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground.

dd.

Frontage. That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot, and excluding limited access highways.

ee.

Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort, or loss of visual performance and ability.

ff.

Illuminated sign. A sign where the sign face is illuminated in some manner whether by a light source contained within the sign structure or housing (internally illuminated) or by an external light source directed at the sign face (external illumination).

gg.

Inflatable sign. See definition for balloon sign.

hh.

LED. LED, or light emitting diode, is a small electronic device that emits light when electrically charged and can be used in sign display boards, also known as electronic message centers.

ii.

Light source. The source of illumination and includes neon, fluorescent or similar tube lighting, the incandescent bulb (including the light producing elements therein) and any reflecting surface that, because of its construction and/or placement, becomes in effect the source of illumination.

jj.

Light trespass. Occurs when unshielded light crosses property boundaries.

kk.

Lot. A designated parcel, tract, or area of land established by a plat or other means as permitted by law, which is to be used, developed, or built upon.

ll.

Lot line, front. The property line dividing a lot from the right-of-way of the street. For a corner lot, the shortest street right-of-way line shall be considered as the front line.

mm.

Lumen. A quantitative unit measuring the amount of light emitted by a light source.

nn.

Maintained footcandles. Illuminance of lighting fixtures adjusted for a maintenance factor accounting for dirt build-up and lamp output depreciation.

oo.

Marquee. A roof-like structure of a permanent nature that projects from the wall of a building and may overhang a public way. Changeable lettering may be a part thereof.

pp.

Mobile sign. A sign, which is not permanently attached to the ground, a structure, or any other sign and which is mounted or designed for mounting on wheels, or which is mounted or designed for mounting on a self-propelled or towed vehicle. Such signs shall include, but not be limited to benches, mobile advertising signs attached to a truck, chassis, detachable vehicle trailer, or other such mobile signs, but shall not include signs painted or otherwise inscribed on a self-propelled or towed vehicle.

qq.

NIT. NIT is a metric measurement typically used to rate the brightness of LED displays. Higher levels of brightness are needed during daylight hours while lower levels are needed during night time hours.

rr.

Non-commercial sign. A sign with the purpose of conveying opinions or commentary in the marketplace of ideas and values, including but not limited to topics such as politics, sports, religion, policy, etc., and which in no way identifies, advertises, or directs attention to a business or is intended to induce a purchase of a good, property, or service, or portrays or symbolizes a good, property, or service, especially, but, without limitation, a brand or trade name, an identifiable container shape,, or a trademark, within 1,000 feet from a point of commercial solicitation, sale, or distribution of such good, property, or service.

ss.

Non-conforming signs. A sign lawfully existing at the effective date of the adoption or amendment of this Code but which would be prohibited under the terms of this Code or amendment thereto shall be deemed non-conforming. Said signs shall remain non-conforming and may continue subject to the following provisions:

i.

Temporary signs shall be removed within 90 days of the passage of this Code. Temporary signs include, but are not limited to banners, portable, A-frame, snipe and mobile signs.

ii.

Permanent, non-conforming signs may not be moved, altered or enlarged in any ways without conforming to the provisions of this Code.

iii.

Permanent, non-conforming signs that are damaged or partially destroyed by any means to the extent of more than 50 percent of its current replacement costs at the time of damage shall not be replaced or reconstructed without conforming to the provisions of this section.

tt.

Off-premises sign. An outdoor sign located in the outdoor environment with a message or design related to an individual, business, profession, product, service, event, point of view, or other commercial or non-commercial activity which is not sold, offered, or conducted on the same property where the sign is located.

uu.

On-premises sign. A sign located in the outdoor environment with a message or design related to an individual business, profession, product, service, event, point of view, or other commercial or non-commercial activity which is sold, offered, or conducted on the same property where the sign is located.

vv.

Parapet. A low protective wall along the edge of a roof, bridge, or balcony.

ww.

Permitted use. A use allowed by right within the applicable zoning district, subject to all applicable requirements of this section.

xx.

Pole sign. A freestanding sign that has typically had a visible support structure. Pole signs in the City of Broken Arrow are required to wrap the base of the sign with masonry.

yy.

Portable signs. A sign not permanently attached to the ground or a building and is readily moveable.

zz.

Projecting sign. A display sign that is attached directly to a building wall that extends more than 15 inches from the face of the wall.

aaa.

Right-of-way. An interest in land controlled by the city that provides for the perpetual right and privilege of the city, its agents, franchise holders, successors, and assigns to construct, install, improve, reconstruct, remove, replace, inspect, repair, maintain, and use a public street, including related and customary uses of street rights-of-way such as sidewalks, bike paths, landscaping, mass transit facilities, traffic control, traffic control devices and signage, sanitary sewer, stormwater drainage, water supply, cable television, electric power, gas, and telephone transmission and related purposes in upon, over, below, and across the rights-of-way.

bbb.

Roof sign. A sign structure that is erected on or above a roof or that is installed directly on a roof's surface.

ccc.

Semi-cutoff fixture. An outdoor light fixture shielded or constructed in such a manner that it emits no more than five percent of its light above the horizontal plane of the fixture, and no more than 20 percent of its light ten degrees below the horizontal plane of the fixture.

ddd.

Sight triangle. The area required to be clear of obstructions at the intersections of streets, highways, railroads, alleys and driveways.

eee.

Sign. Any device visible from a public place whose essential purpose and design is to convey either commercial or non-commercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Non-commercial flags or any other flags displayed from flagpoles or staffs will not be considered to be signs.

fff.

Sign area. The "sign area" is the total of all sign faces on a sign. When the sign copy is mounted or painted on a panel or area distinctively painted, textured, or constructed as a background for the sign copy, the "sign area" is measured by the height and width of the area contained within the outside dimensions of the background panel or surface.

ggg.

Sign height. The vertical distance measured from the curb level to the highest point of the sign.

hhh.

Sign maintenance. The replacing, repairing or repainting of part of a sign structure; periodic changing of bulletin board panels; or renewing of copy made unusable by ordinary wear and tear, weather, or accident.

iii.

Site plan. A plot of a lot, drawn to scale, showing the actual measurements of the lot, the size and location of any existing or proposed buildings or other improvements, and the location of the lot in relation to abutting streets.

jjj.

Snipe sign. A temporary sign that is made of any material, attached to a utility pole, tree, fence post, stake, stick, mailbox or any similar object, whether in the public right-of-way or not.

kkk.

Specific use permit. A permit approved and issued for use or development, which must be acquired before a specific use can be constructed or started.

lll.

Standard public sign. Any sign erected by the Federal Highway Department, state highway department, turnpike authority, county, or the City of Broken Arrow.

mmm.

Static message. An advertisement or message which, when displayed, contains no motion, flashing, changeable copy, running lights, variations in brightness, or animation.

nnn.

Temporary sign. A sign that is not permanently affixed to the ground or to a building where it is located and can be removed from the premises. These signs are usually constructed of materials that are intended to last for at least 30 days. A temporary sign shall be located upon the property of the business, product, service or activity to which it is related. Temporary signs include, but are not limited to banners, portable, A-frame, snipe and mobile signs.

ooo.

Temporary construction sign. A construction sign that is not permanently affixed to the ground or to a building where it is located and can be removed from the premises. These signs are usually constructed of materials that are intended to last for at least 30 days.

ppp.

Temporary election sign. A political election sign that is not permanently affixed to the ground or to a building where it is located and can be removed from the premises. These signs are usually constructed of materials that are intended to last for at least 30 days. A temporary election sign shall be located upon private properties only and shall not be placed in the rights-of-way.

qqq.

Temporary real estate sign. A real estate sign that is not permanently affixed to the ground or to a building where it is located and can be removed from the premises. These signs are usually constructed of materials that are intended to last for at least 30 days. A temporary real estate sign shall be located on the property for which it is advertising for sale or lease.

rrr.

Uplight. An external light source that throws illumination upward, above the horizontal plane, onto a sign.

sss.

Variance. A modification of applicable zoning district provisions granted by the board of adjustment after notice and hearing.

ttt.

Wall sign. A sign that is painted on or attached directly to the surface of masonry, concrete, frame or other approved building walls, and which extends not more than 15 inches from the face of the wall.

uuu.

Wayfinding sign. Signage that enables a person to find his or her way to a given destination through the use of effective signage.

(Ord. No. 3066, § I, 12-1-2009; Ord. No. 3586, § I, 2-18-2020; Ord. No. 3658, § III, 12-1-2020; Ord. No. 3707, § I, 8-16-2021; Ord. No. 3884, § I, 8-4-2025)

A.

Residential mobile home park district (RMH).

1.

Common recreation space. There shall be at least 300 square feet of common recreation space per mobile home lot; the minimum area of any common recreation area shall be 8,000 square feet, and the minimum width of any such area shall be 60 feet. Each required common recreation area shall be within 300 feet of each of the mobile homes it is intended to serve, measured along a route of pedestrian access. Such recreation area shall be no nearer than 25 feet to any property line. Each required common recreation area shall be graded and drained so as to dispose of all surface waters accumulated within the recreation area and shall be surfaced with turf or other dustless surface.

2.

Off-street parking areas. Off-street parking space may be provided on common areas improved in accordance with provision for common recreation areas and shall be located within 200 feet of each lot so served, measured along a route of pedestrian access. If parking space is provided with each lot, the minimum lot area shall be increased by 375 square feet.

3.

Interior driveways. Interior driveways shall be improved and maintained in accordance with the specifications in the Broken Arrow Land Subdivision Code.

4.

Accessory commercial uses. In a mobile home park containing at least 100 improved mobile home spaces, there may be provided accessory commercial uses for the convenience of the residents of the development, provided that:

a.

All such uses are operated within an enclosed structure;

b.

The gross floor area of such accessory uses shall not exceed 25 square feet for each mobile home space in the park; and

c.

No such structure shall be closer than 50 feet to any property in an agricultural or residential district outside the development.

B.

Downtown fringe (DF) district.

1.

Purpose. These standards are intended to ensure that new infill development in the areas surrounding the downtown mixed-use core provides an appropriate transition between the more intense mixed-use core uses and the surrounding neighborhoods and to achieve downtown community goals as stated in the Broken Arrow Downtown Plan.

2.

Location of parking. On-site parking shall be located to the rear or side of all buildings. No on-site parking shall be located between the primary building entrance and the street.

3.

Transitional building height. The height of each building taller than 35 feet shall be stepped down from its highest roofline at least one full story on any portion of the building located within 50 feet of a street-right-of-way or an adjacent area with single-family or two-family residential development. (See Illustration 5.14.)

4.

Parking. Where on-site parking is provided, it shall be screened with a masonry wall no more than three feet in height and/or a landscape buffer meeting the requirements of subsection 5.2.B.1.b., in order to maintain an attractive pedestrian environment at the street edge. Interior parking lots shall meet the landscape requirements contained in subsection 5.2.B.1.c.

C.

Downtown mixed-use core (DM) district.

1.

Purpose. These standards are intended to ensure that new development respects the historic small-town scale, architectural variety, and pedestrian friendliness of the downtown. These standards are intended to implement the downtown master plan, which contains images of encouraged development that should be consulted as a reference to interpret the standards in this section. The standards contained herein are intended to protect the health, safety, and welfare of the citizens of Broken Arrow who utilize the downtown area, which includes a pedestrian place of commerce, and to ensure the livability of the existing physical environment so that it is not compromised by land uses deemed incompatible with the comprehensive plan and downtown master plan.

2.

Applicability. This section applies to all new construction (excluding single-family detached and duplexes) located within the downtown master plan planning area. Prior to any such construction occurring, a site plan shall be submitted to the downtown advisory board.

3.

Site layout.

a.

Parallel to lot lines. New construction shall be built parallel to lot lines to reflect the historical orientation of nonresidential structures in the downtown. Structures shall not be oriented at an angle to lot lines.

b.

Building to sidewalk edge. A minimum 70 per cent of each building facade along the street edge shall be built to the sidewalk. (See Illustration 5.15.)

c.

Location of parking. On-site parking shall be located to the rear or side of all buildings. No on-site parking shall be located between the primary building entrance and the street.

d.

Orientation of primary facade. The primary facade of a structure shall be oriented to the street, not to a side of the building, the lot, or to an interior court.

4.

Building design.

a.

General intent of building design standards. New buildings in the downtown mixed-use core should draw upon the common elements of historic buildings in downtown Broken Arrow, without copying them. Examples of common elements include similar fenestration, cornice lines, building widths, masonry construction, shade awnings, and storefront facades open to the sidewalk. This will allow new structures to be seen as products of their own time, yet compatible with their historic neighbors. Examples of development that are encouraged in the downtown are presented in the downtown master plan.

b.

Exterior building materials.

i.

Brick shall be the primary building material, along with masonry accents as traditionally found in the downtown.

ii.

Exterior finishing systems (EIFS) and metal shall not be used as a primary exterior building material.

c.

Ground-floor pedestrian interest.

i.

The ground floor of a building shall encourage pedestrian activity by maintaining a high window-to-wall ratio. On the facade facing the street, at least 40 per cent of the wall area that is between three and ten feet above grade shall consist of glazing.

ii.

Reflective tinted windows are prohibited on the ground floor.

d.

Upper-floor distinction. The distinction between the street level and upper levels should be expressed through detailing, changes in materials, and fenestration. (See Illustration 5.16.)

5.

Parking. Where surface parking is provided, it shall be screened with a masonry wall no more than three feet in height and/or a landscape buffer meeting the requirements of subsection 5.2.B.1.b., in order to maintain an attractive pedestrian environment at the street edge. Interior parking lots shall meet the landscape requirements contained in subsection 5.2.B.1.c.

D.

Downtown residential overlay district (DROD).

1.

Purpose. The downtown residential overlay district (DROD) is intended to continue the implementation of the downtown master plan by promoting compatible, high quality mixed use and residential design in the area bounded by Elm Place, Houston Street, 9th Street, and Kenosha Street. Separate design standards have been adopted and are contained in Design Standards—Downtown Residential Overlay District—January 2019. These standards shall apply to all new development within this area, except for those uses listed as "public/institutional uses" in Table 3.1-1 of the zoning ordinance. In addition, existing planned unit developments (PUD) that have been adopted by the city council remain unchanged.

2.

Building design.

a.

Orientation of dwellings to the street. Each residence shall have at least one (1) primary pedestrian doorway for access to the dwelling located on the elevation facing the front lot line of the property, on or within eight feet of the most forward plane of the house, and clearly visible from the street or public area adjacent to the front lot line. On corner lots, the pedestrian doorway may be located facing any adjacent street. Unless prohibited by terrain or other site constraints, the orientation of new lots shall repeat the predominant relationship of buildings to buildings and buildings to street along the same block face or the facing block face.

b.

Compatibility.

i.

The following standard shall apply to development of a new residential use, or substantial expansion or alteration of an existing residential use, on a site that is adjacent to or across a street from two or more lots with existing structures. For purposes of this subsection only, "substantial expansion or alteration" shall mean construction that is equal to or greater than 25 per cent of the principal dwelling structure's original gross floor area (including attached garages, but not including detached garages).

ii.

New development subject to this section shall be generally compatible in appearance with other existing structures on the block that comply with this Ordinance. This shall be satisfied by constructing the proposed building so that at least three of the following features are substantially similar to the majority of other buildings on the same and facing block:

(A)

Roof material;

(B)

Roof overhang;

(C)

Exterior building material;

(D)

Shape, size, and alignment of windows and doors;

(E)

Front porches or porticos; or

(F)

Exterior building color.

3.

Garages.

a.

Garage doors facing the street shall comprise no more than 50 per cent of the total length of a dwelling's facade. (See Illustration 5.17.)

b.

Garage doors that face the street and comprise more than 40 per cent of the facade shall be recessed a minimum of four feet behind either:

i.

The front wall plane of the house; or

ii.

The front wall plane of a porch that extends horizontally across at least 25 per cent of the house.

c.

The minimum front building setback may be reduced by five feet when there is a detached garage located behind the principal dwelling structure in the rear of the lot, or a rear garage attached to the principal dwelling if the front wall of the garage is located at least 20 feet behind the facade of the house.

4.

Location of parking. Parking is prohibited within the front yard setback, except on paved permitted driveways. Paved parking in the street right-of-way may be allowed with site plan review.

5.

Two-family.

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DESCRIPTION

The "two-family" building form exhibits a similar shape and architectural features to the "single-family" building form, but allows for a slightly higher density. The two-family building form can be designed as two side-by-side single-family units; can be a form split with one unit facing the primary street and the other facing a secondary street, backyard, or side yard; and can be a form with one unit on the ground level and the other on the upper level. Parking is provided for each of the units. Parking can take the form of a shared, attached garage; a shared, detached garage; individual, attached garages; or individual, shared garages. Permitted Areas 1 and 2.

 

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LOT*
	Lot Area
	Area 1 and 5	6,500 sq. ft. min.
	Area 2	7,500 sq. ft. min.
	Lot Frontage
	Area 1 and 5	110' max., 45' min.
	Area 2	130' max., 55' min.
	Lot Coverage
	Area 1 and 5	60% max.
	Area 2	55% max.
	Additional Information
	Where a site will be subdivided into more than one parcel, lot and site design standards should based on the collective area of all parcels.

 

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SITE*
	Front Setback/Build To Zone (BTZ)
	Area 1 and 5	10' min./65% BTZ 1
	Area 2	15' min./65% BTZ 1
	Side Setback
	Area 1, 2, and 5	5' min.
	Rear Setback
	Area 1 and 5	10' min. 2
	Building Alignment
	Area 1, 2, and 5	Required 3
	Garage and Carport Location
	Area 1	30' min. setback from front property line
	Area 2 and 5	35' min. setback from front property line
	Access and Driveway Width
	Area 1 and 5	25' max. 5&6
	Additional Information
	Note: Sidewalks shall be provided along all street frontages in accordance with the Subdivision Regulations. * Where a site will be subdivided into more than one parcel, lot and site design standards should be based on the collective area of all parcels. 1 65% of front wall is required to be placed within 10' of required front setback. 2 If an alley is present, rear setback is 2' min.		3 Building Alignment Interior Lot: Front wall of primary structure shall be parallel to the street. 4 Only 18' wide until driveway is within 20' of garage entry. 5 Where feasible, provide access from an alley.

 

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BUILDING FORM
	Front Wall Width
	Area 1 and 5	50' max.
	Area 2	65' max.
	Building Height
	Area 1, 2, and 5	2 stories/35' max.
	Finished Floor Height
	Area 1 and 5	1' min., 4' max.
	Floor Height
	Area 1, 2, and 5	9' min., 15' max.
	Roof Form
	Area 1 and 5	Pitched or flat
	Area 2	Pitched
	Garage and Carport Width
	Area 1, 2, and 5	25' or 40% width of primary structure; max. street-facing garage door width 1
	Garage Door/Carport Height
	Area 1, 2, and 5	9' max. garage door or carport height 1
	Additional Information
	1 If any portion of the garage is located forward of the rear wall of primary structure:   — Roof of garage or carport must match roof of primary structure.   — Height of garage or carport must be equal to or less than the height of primary structure.

 

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BUILDING ACTIVATION
	First Story Element
	Area 1, 2, and 5	Required 1&2
	Principal Windows
	Area 1, 2, and 5	1' min. on front-most wall 4'x4' dimensions 3
	Blank Street-Facing Wall
	Area 1, 2 and 5	8' max.
	Window Size—Street-Facing Wall
	Area 1, 2, and 5	2'x3', except for an accent window
	Entry Location (On Street-Facing Wall)
	Area 1, 2, and 5	10' max. distance of entry from front-most wall
	Entry Presence—Facing Street
	Area 1, 2, and 5	Required 4
	Entry Path
	Area 1, 2, and 5	Required 5
	Additional Information
	1 Must include one of the following elements:   — Projecting porch.   — Recessed porch.   — Projecting stoop (not permitted in Area 2).   — Shared first story element. 2 Height of first story element must have an interior clearance of at least 8 feet, no greater than 12 feet. Interior clearance is measured from the floor of the first story element to the lowest point of the ceiling of the first story element. 3 If street-facing wall is 35' or wider, must have two principal windows. 4 Visually connect entrance to street through one of the following:   — Entry faces street.   — Entry opens on porch that faces street. 5 Must connect to street through physical, demarcated path.

 

E.

Neighborhood mixed-use (NM).

1.

Ground floor. The ground floor level of all buildings in the NM district shall be limited to retail uses, with the exception of small lobbies to allow access to residential and office uses on upper floors.

2.

Drive-throughs prohibited. No drive-throughs shall be allowed in the NM district.

F.

Floodplain district (FD).

1.

District and designation boundaries.

a.

The initial boundaries of the floodplain district shall be certified by the city engineer at the time of annexation, or shall be established on previously annexed land only after notice and public hearing before the planning commission and approval of the city council. Amendments to the floodplain district shall be established in the same manner as amendments to any other zoning district or supplemental designation as set forth in Section 6.3 of this Ordinance, and such proposed amendments shall be transmitted in writing to the city engineer for review and recommendation. Lands within the floodplain district shall be identified on the official zoning map by the district symbol "FD." No improvements of any type, including realignment of the old channel, construction of berms, dikes, or land filling, shall occur prior to approval and certification of engineering plans by the city engineer, as hereinafter provided.

b.

The boundaries of the floodplain district may be amended so as to maintain uniformity with the purpose of this Ordinance upon a finding that:

i.

A flood control project of the federal, state, county, or city government or a private person has substantially altered the boundaries of the floodplain;

ii.

Flood data compiled subsequent to the enactment of the designation indicates that the boundaries should be adjusted; or

iii.

Proposed improvement, such as landfill, channel improvements, or flood retention reservoirs and/or combination thereof, has received the approval of the city engineer.

c.

Upon a finding by the city engineer that a proposed amendment meets one (1) of the three conditions listed above, the city engineer shall certify approval of the amendment and file a written recommendation with the planning commission. If the proposed amendment does not meet one (1) or more of the conditions listed above, the city engineer shall deny the proposal in writing and furnish the planning commission a copy of the city engineer's findings.

2.

General regulations. The following general regulations apply to the use of land located within an FD:

a.

All structures shall be designed and constructed to withstand flood conditions.

b.

Materials that in time of flood might float away and lodge against bridge abutments or otherwise serve to restrict the free flow and flood discharge capacity of water channel are prohibited.

3.

Uses allowed.

a.

Within an FD, certain public uses, agricultural uses, open land uses, and similar uses that are either subject to other public controls or that do not have adverse effects on other land uses are permitted by right. These uses shall be allowed as long as the free flow of the floodwater is not hindered. The uses that are permitted by right are:

Agriculture;

Arboretum;

Common areas open space;

Horticultural cultivation;

Fire alarm;

Flood management project;

Forestry;

Golf course;

Grazing;

Historical marker;

Natural areas;

Parks;

Ponds;

Roadway bridges;

Street signs;

Utility line; and

Wildlife Preserve.

b.

Certain uses (listed below) may be permitted by the director with required findings:

i.

Parking;

ii.

Temporary outside storage of materials, so long as the materials will not float away and obstruct the flow of the floodwater;

iii.

Temporary amusement enterprises;

iv.

Open-air recreational uses such as golf course, driving range, picnic grounds, etc;

v.

Other open-air uses not requiring the erection of permanent principal structures, but which may require the erection of accessory structures.

c.

All other uses are prohibited within an FD district.

4.

FD: floodplain district regulation. Within a FD floodplain district, no structures of any type and no uses of any type may be allowed that in any way will increase the volume of water, or the velocity of water, or the areas subject to inundation within the FD district, or adjacent to the FD district. Nor shall any uses or structures be allowed that detrimentally affect (no matter how slight) the flood on any lands upstream from or downstream from the floodplain district.

5.

Nonconformities.

a.

A structure lawfully existing within the floodplain district at the effective date of said zoning and that would be prohibited in said FD shall be deemed nonconforming and may continue subject to the following provisions:

i.

No such nonconforming structure may be enlarged through area or time.

ii.

Should such structure be damaged or partially destroyed by any means to the extent of 50 per cent of its current replacement cost at time of damage, said structure shall not be restored.

iii.

Ordinary repairs may be made on any nonconforming structure provided said structure is not enlarged in area or through time. If a nonconforming structure becomes physically unsafe or unlawful due to lack of repairs and maintenance and a final order of abatement, vacation or demolition is entered by a duly authorized official by reason of this physical condition; it shall not thereafter be used, restored, repaired, or rebuilt.

b.

No construction of a permanent principal structure shall be allowed on any lot located within a floodplain district even though said lot was filed of record or was within a subdivision approved by the planning commission or its legal predecessor prior to the effective date of the floodplain district.

6.

Responsibility for flooding. The fact that land or property is not included within a floodplain district as authorized by this Ordinance shall not constitute assurance that such land or property is not subject to flooding and shall not be so interpreted.

G.

Office and commercial districts (ON, CN, CG, and CH).

1.

Building facades. All new construction or renovation of existing structures in these districts shall have those vertical exteriors that are facing a public or private street constructed of, but not limited to: masonry, concrete panels, glass block, glass curtain walls, exterior insulated finished systems (EIFS), or stucco. EIFS, however, shall not be used as the primary exterior building material. Metal finishes, wood, plastic, and other masonry material may be considered and approved by the planning commission through the site plan review process. These approved materials are not required on exteriors facing rear alleys, or on portions of the building not facing a public or private street. All facade designs and materials shall be approved through the site plan process. Metal, canvas, wood, glass, plastics, or other similar materials may be used only in doors, windows, signs, canopies and awnings.

H.

Industrial districts (IL and IH).

1.

Building facades. All new construction or renovation of existing structures in these districts that are located on a lot adjacent to an arterial street or highway shall have those vertical exteriors that are facing the arterial street or highway constructed of but not limited to: masonry, concrete panels, glass block, glass curtain walls, exterior insulated finished systems (EIFS), or stucco. EIFS, however, shall not be used as the primary exterior building material. Metal finishes, wood, plastic, and other masonry material may be considered and approved by the planning commission through the site plan review process. These approved materials are not required on exteriors facing rear alleys, or on portions of the building not facing a public or private street. All facade designs and materials shall be approved through the site plan process. Metal, canvas, wood, glass, plastics, or other similar materials may be used only in doors, windows, signs, canopies and awnings.

I.

Highway design overlay (HDO) district.

1.

Purpose. This section is intended to promote high-quality nonresidential building design along Broken Arrow's highways and project a positive image to encourage economic development in the city. The standards contained herein are intended to protect the health, safety, and welfare of the citizens by preventing or reducing traffic congestion and reducing distracting visual clutter associated with highway development. The standards of the HDO strive to achieve the stated purpose by addressing the physical characteristics of development such as building design, building entrances, wall articulation, and fencing. These standards encourage land assembly and development in accordance with the Broken Arrow Comprehensive Plan.

2.

District boundaries. The highway design overlay district includes all properties within 500 feet of a limited access highway.

3.

Applicability. The standards of this section apply to all nonresidential development within the highway design overlay district.

4.

Building design.

a.

Building orientation. All primary buildings on lots or tracts with frontage on the highway shall be oriented towards the highway. If any such building is on a lot or tract with a second frontage, it shall have equally detailed and prominent facades, constructed of equally high quality materials, facing both the highway and the secondary street.

b.

Wall articulation. Primary structures having single walls exceeding 50 feet in length shall incorporate two or more of the following features at least every 50 feet in length (See Illustrations 5.18 and 5.19.):

i.

Changes in color, graphical patterning, changes in texture, or changes in material;

ii.

Projections, recesses, and reveals, expressing structural bays or other aspects of the architecture with a minimum change of plane of 12 inches;

iii.

Windows and fenestration;

iv.

Gable projections;

v.

Horizontal/vertical breaks; or

vi.

Other similar techniques.

c.

Entrances. Each primary structure shall have a clearly defined main pedestrian entrance featuring at least three of the following elements:

i.

Canopies or porticos,

ii.

Overhangs,

iii.

Recesses or projections,

iv.

Arcades,

v.

Arches,

vi.

Peaked roof forms,

vii.

Outdoor patios,

viii.

Display windows,

ix.

Architectural tile work or moldings integrated into the building design, or

x.

Integrated planters or wing walls that incorporate landscaped areas or seating areas.

d.

Multiple buildings in commercial centers. In order to achieve unity between all buildings in a commercial development consisting of more than one (1) building, all buildings in such a development, including pad site buildings, shall employ a consistent architectural style or theme, be constructed of similar exterior materials, and feature similar colors.

5.

Outdoor display and sales. Outdoor display and/or sales may be allowed subject to compliance with subsection 3.3.D.2. In addition, no outdoor display and/or sales shall be visible from the limited access highway.

6.

Screening of loading and refuse collection. All loading and refuse collection facilities shall be screened pursuant to subsection 5.2.D., screening.

7.

Utilities. Unless a waiver is authorized by the city council, all electrical and telephone lines and wires including, but not limited to, street lighting, shall be placed underground. Feeder and other major transmission lines may remain overhead. All utility installation shall conform to the city's adopted technical standards and specifications.

J.

New Orleans Square Overlay district (NOSOD). The NOSOD is focused on development of the area surrounding the intersection of West New Orleans Street and South Elm Place and is intended to encourage redevelopment in and around the existing shopping centers in the area, along with other nearby undeveloped or underutilized land. District-specific regulations for the NOSOD are in Supplement B of the Broken Arrow Zoning Ordinance.

(Ord. No. 3506, § II, 12-19-2017; Ord. No. 3558, § I, 2-5-2019; Ord. No. 3719, § IV, 2-15-2022; Ord. No. 3741, § II, 7-19-2022)

A.

Purpose. The city council finds that telecommunication towers, antennas and other wireless facilities, including supporting structures, present land use concerns that should be dealt with by protecting residential uses, encouraging co-location, minimizing the number of wireless facilities in a manner that does not discourage market access or competition, and preventing or limiting adverse effects on off-site premises. The intent of these provisions is to provide for the continued establishment of new wireless communication providers and the expansion of existing wireless communication services within the city, while simultaneously protecting neighborhoods, all through minimizing adverse visual and operational effects of facilities through careful design, sighting, screening, camouflage, and co-location requirements encouraging creative design and camouflage measures.

B.

Definitions.

Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.

Applicable codes means uniform building, fire, electrical, plumbing, or mechanical codes adopted by the city, a recognized national code organization, or local amendments to those codes, as well as this Code and all other codes and regulations of the city, state and federal governments.

Applicant means any wireless provider who submits an application.

Application means a request submitted by an applicant:

1.

For a permit to construct a telecommunication tower or antenna;

2.

For a permit to co-locate an antenna or a small wireless facility; or

3.

To approve the installation or modification of a telecommunication tower, antenna, utility pole or wireless support structure.

Co-locate means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole.

Day means calendar day.

Fee means a one-time charge.

Rate means a recurring charge.

Small wireless facility and small cell facility, mean a wireless facility that meets both of the following criteria:

1.

Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, and all of its exposed elements could fit within an enclosure of no more than six cubic feet; and

2.

All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. 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.

Telecommunication tower means a freestanding structure, either guyed or self-supporting, designed to support or capable of supporting wireless facilities. Such term shall not include a utility pole.

Utility pole means a pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage or a similar function, or for the collocation of small wireless facilities; provided, however, such term shall not include wireless support structures or electric transmission structures.

Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:

1.

Equipment associated with wireless communications; and

2.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies and comparable equipment regardless of technological configuration. The term includes small wireless facilities.

The term does not include:

1.

The structure or improvements on, under or within which the equipment is collocated; or

2.

Coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

Wireless infrastructure provider means any person or entity, including a person or entity authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures, but that is not a wireless services provider.

Wireless provider means a wireless infrastructure provider or a wireless services provider.

Wireless services means any services, whether at a fixed location or mobile, provided using wireless facilities.

Wireless services provider means a provider of wireless services.

Wireless support structure means a freestanding structure, such as a monopole; telecommunication tower, either guyed or self-supporting; billboard; or, other existing or proposed structure designed to support or capable of supporting wireless facilities. Such term shall not include a utility pole.

C.

Additional requirements for telecommunication towers which exceed the height limitations of E.5.

1.

Telecommunication towers which exceed the height limitations of E.5 are prohibited without a permit. No person or entity shall hereafter construct, own, or operate any telecommunication tower which exceeds the height limitations of E.5t above the mean elevation of the ground on which it is built, unless said person has obtained a building permit from the city.

2.

Telecommunication towers on government land. Telecommunication towers located on property owned, leased, or otherwise controlled by the governing authority of any city, county, public school district, state, or by any agency of the United States of America, will be exempt from the remaining requirements of this section C if in compliance with the remaining provisions of this Code and are no more than 120 feet in height; provided that such exemption will only be available if a commercial lease or license authorizing such telecommunication tower has been approved by the applicable governing body. The telecommunication tower owner shall file a permit application with the city for purposes of keeping a complete record of telecommunication towers within the city and the permit shall be issued administratively. The city council expressly finds that governmental controls through proprietary devices such as a commercial lease are an adequate substitute for governmental control through regulatory devices.

3.

Telecommunication towers of limited height on residential land.

a.

No telecommunication tower shall be constructed in excess of 50 feet in height above mean ground elevation on any property actually used for a single-family residential purpose, or any vacant land that is intended for residential use in the comprehensive plan (level 1 and level 2), or that actually has any "R" district classification and use.

b.

Any telecommunication tower constructed as an accessory use on residentially zoned land that is developed and utilized for institutional purposes shall not be constructed in the front yard or within the minimum side yard requirements for the applicable zoning district. However, a camouflaged telecommunication tower that does not exceed 100 feet may be placed in the front yard if concealment of both the telecommunication tower and the equipment structures are accomplished (e.g., a telecommunication tower disguised as steeple or comparable building element at a site for a place of worship, or a flagpole design at a public school, or an obelisk at other institutions).

4.

Application requirements.

a.

Each applicant for a permit to build a telecommunication tower shall provide to the community development department an inventory of all the existing and approved telecommunication towers or permits for other locations that are within one-half mile of the site applied for. The inventory shall include specific information about the location, height, and design of each telecommunication tower.

b.

If the telecommunication towers within the applicant's inventory have been designed for co-location, a description of the facilities and heights for the possibility of co-location shall be included within the inventory. Copies of the standard co-location lease shall also be provided, with appropriate blanks for physical dimensions and price, but including all standard terms and conditions. Said inventories and form contracts may be shared with other applicants applying for any approvals under this section; provided that the city does not warrant the accuracy of any such information shared with other applicants.

c.

The applicant for a permit shall also provide the description, identity, and contact for the backhaul network provider who will serve that site.

d.

Applicants for permits involving co-location shall specify in the application the features of the telecommunication tower that adapt it for co-location, such as the number and location of portholes for cables, the proposed ground footprint of multiple equipment sheds and cabinets, and related items.

e.

The application shall also include elevations of all proposed shielding, screening, and the details of materials and color for the facility.

f.

A nonrefundable fee as set forth in the manual of fees. shall accompany each application.

5.

Construction standards.

a.

The telecommunication tower shall either maintain a galvanized steel finish, or be painted a uniform neutral color (unless color is governed by applicable standards of the Federal Aviation Administration), so as to reduce visual intrusiveness. Cabling shall be contained interior to the structure of the telecommunication tower, or wrapped in a cover with a matching color scheme to the telecommunication tower. The use of camouflage technology so that the telecommunication tower appears to be a part of the primary building on site is also acceptable. The design and maintenance of the equipment, buildings, cabinets, or related structures shall use materials, colors, textures, screening, and landscaping that will blend the telecommunication tower facilities to the natural setting or the built environment of the primary use.

b.

Telecommunication towers shall not be artificially lighted, unless such lighting is required by the Federal Aviation Administration or other applicable authority.

c.

All telecommunication towers and related equipment shall meet or exceed current standards and regulations of the Federal Aviation Administration and the Federal Communications Commission, together with the regulations of any other agency of the federal government with the authority to regulate telecommunication towers and antennas.

d.

Antennas and associated supports, cables, brackets, and related equipment shall not be mounted on any telecommunication tower or other supporting structure by any method of punching, drilling, or other means that may weaken the telecommunication tower or supporting structure.

e.

All telecommunication tower sites shall be served by a driveway from a public street and said driveway shall be paved with an all-weather surface. However, sites in areas of restricted street access may be served by driveways from paved public or private parking lots. The engineering and construction department must approve the size and type of "tin horns" or other drainage structures prior to the start of construction.

f.

All telecommunication towers and all antenna support structures with a height in excess of the height limitations of E.5 but 100 feet or less shall be constructed to support a minimum of two antenna arrays with the cabling interior to or otherwise concealed within the structure. All telecommunication towers that are in excess of 100 feet in height shall be constructed to support a minimum of four antenna arrays with the cabling interior to or otherwise concealed within the structure.

g.

Construction must otherwise comply with all applicable codes.

h.

Any information of an engineering nature that the applicant submits to the city, whether civil, electrical, structural or mechanical, shall be certified in writing, by an Oklahoma licensed professional engineer. Such information shall include, but not be limited to, anticipated telecommunication tower height, telecommunication tower type, construction materials, declared wind speed in mph, ice load in inches, anticipated antennas loading for the design, and engineered appurtenance loading.

6.

Maintenance, operation, and removal. The owner of the telecommunication tower shall ensure that it is maintained in compliance with applicable codes and the applicable standards for telecommunication towers established by the electronic industries association, as amended from time to time, in order to ensure the structural integrity of the telecommunication tower. The failure to maintain structural integrity through compliance with these standards is hereby declared a public nuisance and the telecommunication tower may be abated, including the removal of the telecommunication tower under authority of and in compliance with the city council's powers to declare and abate public nuisances. No antenna may be used which, by design or by actual operation, causes interference on any frequency actually used by any police, fire, or public ambulance service having authority or jurisdiction over any portion of the city.

7.

Site plan. Each applicant requesting a permit under this section shall submit a scaled site plan, lighting plan, and scaled elevation view together with other supporting drawings, calculations, and documentation, all signed and sealed by appropriate licensed engineers or other appropriate professionals, showing the location and dimensions of all improvements proposed for the site. This information shall include existing and proposed topographical and planimetric drawings and all significant features that support co-location (e.g. provisions for interior cabling, portholes, the footprint for multiple equipment sheds and cabinets, etc.).

8.

CG, CH, and industrial districts. Telecommunication towers are lawful uses permitted administratively when located as accessory uses on any land in industrial zoning districts, or any developed land in CG zoning districts or CH zoning districts that are equal to or larger than two and one-half acres.

9.

Setbacks. Such telecommunication towers shall be set back from any existing adjacent residential lot boundary equal to 200 percent of the total height of the telecommunication tower or other supporting structure, shall not exceed 200 feet in height as to industrial property or 120 feet in commercial property, and shall comply with the terms of this section and any future amendment thereto. Such telecommunication towers on commercial property must also use camouflage technology such as flagpoles, obelisks or other approved "stealth" coverings. Such telecommunication towers on industrial property must meet the front and side yard setback requirements for the subdivisions.

10.

Other industrial land. The city manager or his designee may approve telecommunication tower construction if the new telecommunication tower to be constructed is within an industrially zoned area, the industrial district is at least ten acres in size, the telecommunication tower location is no closer than 350 feet to a residential structure, and the telecommunication tower is no greater than 100 feet in height.

11.

Council permits for telecommunication towers. If the telecommunication tower may not be permitted administratively as described above, then no telecommunication tower may be constructed without securing a permit from the city council in accordance with the following:

a.

Applications for a telecommunication tower permit from the city council shall first obtain a specific use permit from the planning commission in accordance with applicable codes.

b.

The city council may impose conditions that it, in good faith, believes are reasonably necessary to minimize any adverse effect of the proposed telecommunication tower on adjoining properties, and that foster competition by encouraging multiple uses on co-location structures.

c.

The city council may require particular evidence or special conditions in the event that it determines the proposal may potentially contaminate water supplies, contaminate surface waters or soil, interfere with drainage, or interfere with the primary use of the public property.

d.

All sized freestanding telecommunication towers are prohibited in A-1 and RE zoning districts, including areas that are in fact used as agricultural or residential estate areas even though zoned at more intense levels. Telecommunication towers in excess of 100 feet are prohibited in R1, RS-1, R2, RS-2, R3, RS-3, and RS-4 zoning districts. Applicants in such areas shall be required to establish the necessity of the telecommunication tower and all elements of the application by clear and convincing evidence.

e.

When an applicant for a telecommunication tower permit works with a developer of residential land, and designs a subdivision that uses a flagpole and guard house (or comparable camouflage) as elements within the design of the subdivision entrance or private park reserve, the approval of the final plat shall include the permit for the telecommunication tower at a height not to exceed 80 feet and used as the flagpole, and an equipment cabinet within the guardhouse.

12.

Factors considered for city council approval. The city council shall consider the following factors in determining whether or not to issue a permit for a telecommunication tower, although council may modify one or more of these criteria if, in the particular circumstances of the application, council concludes that the goals and intent of this section are better served by such modification. Factors to be considered are:

a.

Height of the proposed telecommunication tower;

b.

Proximity of the telecommunication tower to residential structures and adjacent residential lot boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the tower, with particular reference to those design characteristics, which have the effect of reducing or eliminating visual obtrusiveness, or providing camouflage;

g.

Proposed routes of ingress and egress;

h.

Whether or not the telecommunication tower is constructed so as to be available for co-location in the future; and

i.

Whether or not there are suitable, existing telecommunication towers or other supporting structures capable of meeting the technological needs of the applicant.

13.

Evidence of capacity. All evidence relating in any manner that in essence indicates that the application location is needed to improve the capacity of the system and is to address a specific and local geographic problem must be submitted in writing, and signed and sealed by a professional engineer licensed in the state.

14.

Warning sirens. All applications for new telecommunication towers shall include an examination of the city's emergency warning siren location map. If the new telecommunication tower site is in a location where the emergency warning siren location map indicates that a siren is proposed, then the permit may be conditioned on the granting of permission for the city to place and operate a storm siren warning system on the completed telecommunication tower, at a height to be mutually agreed, but typically between 20 feet and 30 feet above the mean lot elevation, unless such location would create a technical problem for the applicant's system. Costs of the installation and operation of the warning siren shall be solely the responsibility of the city. Applicant shall advise at the time of the application what costs, rental, or other fees will be required for the placement of the warning siren.

15.

Radius report. If the application is for a telecommunication tower in excess of 200 feet in industrial areas or if in excess of 120 feet in any other zoning district, and council action is required, then the applicant must provide a list of property owners within a 300-foot radius of the perimeter of the lot on which the telecommunication tower is proposed, and the city shall notify the persons on the list by mailing notice of the hearing, all at applicant's expense.

16.

Co-location contracts. Any applicant who claims that a proposed telecommunication tower will be used for co-location shall provide a form contract, which will be used for co-location for at least five years after construction. The contract shall only have blanks for the name of the lessee, date, location and size of the equipment shed, height of the antenna array and final price.

17.

Effect of existing telecommunication tower availability. No new telecommunication tower should be permitted by the council unless the applicant demonstrates to the city council's reasonable satisfaction that no existing telecommunication tower or other structure can accommodate the applicant's proposed antenna. Evidence of this unavailability may consist of any of the following:

a.

No existing telecommunication towers or structures are located within the geographic area required to meet applicant's engineering, capacity, or technical requirements;

b.

Existing telecommunication towers or structures are not of sufficient height or structural strength to meet the applicant's engineering, capacity, or technical requirements;

c.

Applicant's proposed telecommunication tower antennas would cause electromagnetic interference with existing antennas on existing telecommunication towers or structures, or the existing antennas on the existing telecommunication towers or structures would cause electromagnetic interference with applicant's proposed telecommunication tower antennas;

d.

The fees, costs, or contractual provisions required by the owner of the existing telecommunication tower in order to share said telecommunication tower structure are unreasonable. (In this regard, eight-year rental costs exceeding the costs of site acquisition and telecommunication tower construction including engineering and design fees, are presumptively unreasonable); and

e.

The applicant demonstrates that there are other limiting factors that render existing telecommunication towers and structures unsuitable.

18.

Setbacks and security. All telecommunication towers must be set back a minimum distance of 120 percent of the total height of the tower and structure from any adjacent residential lot boundaries unless a greater setback is required by other provisions of this section. The location of telecommunication towers, guy wires, and accessory facilities shall meet the minimum zoning district setback requirements and shall not be in the front yard of the principal use. Towers shall be enclosed by security fencing not less than eight feet in height together with such appropriate anti-climbing devices as may be best utilized by the type of telecommunication tower involved; provided the council may waive security fencing requirement if other features of the site provide adequate substitute security. Camouflage technology may be used to justify a reduction or elimination of front yard setbacks as to the telecommunication tower.

19.

Screening and landscaping.

a.

Telecommunication tower facilities shall be visually buffered by a hedge of low-maintenance evergreen plant materials and approved opaque screening materials, which effectively screen the view of the telecommunication tower compound and accessory facilities.

b.

Existing trees and natural landscape and elevations around the site shall be preserved to the maximum extent possible. Shrub planting materials that are used for screening must be a minimum five-gallon evergreen; the evergreens must be capable of reaching the full height of the fencing materials at full growth. Trees shall be at least two inches in caliper. Plant materials that die or do not effectively buffer the fencing materials shall be replaced. The landscaping plans shall include provisions for irrigation of all new materials proposed to be planted, or the landscape maintenance shall be bonded by insurance or other surety company licensed to do business in Oklahoma; provided that a single bond in an adequate amount may be used for multiple sites.

c.

The privacy fencing or similar approved opaque screening materials shall be a minimum of eight feet in height; a greater height of fencing shall be used as necessary to screen taller equipment sheds within the compound. Provided that equipment sheds which are adjacent to and camouflaged to resemble a structural element of the primary building on site do not have to be fenced.

d.

A landscaping plan shall be included with the application and shall include operational information on how the planting materials will be maintained, irrigated, and fertilized.

e.

Where a new application is made for an existing site at which the landscaping and screening has not been maintained, the issuance of the permit may be conditioned on the completion of the needed corrective action.

20.

Billboards and signs. No billboards or signs may be added to telecommunication towers.

21.

Five-year permits, notice of use; removal of abandoned telecommunication towers. Any telecommunication tower that is not actually used as an antenna support for a continuous period of 12 months shall be considered abandoned, and the permit owner(s) for such antenna(s) or telecommunication tower shall remove same at their expense within 90 days of receipt of notice from the city notifying the permit owner of said abandonment. In the event that such a telecommunication tower is not removed, notice of the intent by the city to remove shall be given to the applicant and to the owner of the real estate on which the telecommunication tower is located if different from the applicant. Abandoned telecommunication towers are hereby declared a public nuisance, removable by the city council in accordance with nuisance abatement procedures or through the claims on a posted bond.

22.

Driveway for telecommunication towers. Any existing telecommunication tower site that lawfully uses an unpaved driveway to access a public street, and which driveway allows the deposit of dirt, gravel or similar material to be deposited on the public streets during rain conditions, shall be considered a public nuisance, and may be abated in accordance with the general ordinances dealing with nuisance abatement.

23.

Permits limited if not built. A permit for a telecommunication tower shall be valid for no more than one year, unless a valid building permit is issued and construction proceeds diligently.

D.

Antennas.

1.

Administrative approval of permits. The city manager or his designee may administratively approve the installing of antennas in accordance with the following:

a.

Antennas may be installed on an existing structure other than a telecommunication tower (such as commercial or industrial buildings, billboard, sign, power transmission tower, water tower, or other free standing nonresidential structure) that exceed the height limitations of E.5., if and only if the additional antennas or supports create a new structure with a cumulative height not to exceed 120 feet from the mean ground elevation.

b.

Antennas may be installed on an existing structure other than a telecommunication tower (such as a building, sign, utility pole, water tower, or other free standing, nonresidential structure) that is less than 60 feet in height so long as such addition does not add more than 20 feet to the height of the existing structure.

c.

Antennas may be installed on any existing telecommunication tower or utility pole of any height, so long as the addition of said antennas add no more than 20 feet cumulative to the height of the existing telecommunication tower or utility pole. Any associated equipment building must be located in conformity with the generally applicable setback requirements of the zoning district and appropriately screened or landscaped. Said installation adding 20 feet of height may occur no more than one occurrence per telecommunication tower or utility pole. For equipment compounds that are served by a dirt road or drive, the new equipment owner shall pave at least the first 20 feet of the dirt road or drive that is adjacent to the street.

d.

Antennas may be installed on existing structures on agricultural, residential, or office land through an administrative permit under the following conditions:

1.

On an existing structure other than a telecommunication tower (such as a building, sign, utility pole, water tower, or other free standing, nonresidential structure that is less than 60 feet in height, so long as such addition does not add more than 20 feet to the height of the existing structure;

2.

On an existing telecommunication tower of any height, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna cumulatively adds no more than 20 feet to the height of the existing telecommunication tower and the telecommunication tower remains set back from any existing adjacent residential lot boundary equal to 120 percent of the total new height of the telecommunication tower;

3.

On certain developed public properties, including but not limited to water towers, water treatment plants, sewer treatment facilities, police stations, fire stations, ambulance stations, equipment maintenance facilities, and lighted and enclosed sports facilities such as football stadiums, baseball and softball parks, but not practice facilities at unlighted or unsecured locations that may be temporarily used for sporting events, nor in any open parks or greenbelts;

4.

On the roofs of public high schools, intermediate high schools, middle schools, elementary schools, and office buildings, so long as such addition does not add more than 30 feet to the height of the existing structure; or

5.

On an existing billboard located within the limited access highway corridors so long as the total height does not exceed 120 feet; provided that if the support for the billboard lacks sufficient strength for the new height, then the billboard may be removed and adequate support for both structures may be made, and a billboard of the same or smaller size be reinstalled at the former height. Existing billboards that are outside of the limited access highway corridor may be used, so long as the addition adds no more than 20 feet to the height of the billboard; for purposes of this section, the limited access highway corridors shall be defined as the Broken Arrow Expressway within Tulsa County, the Creek Turnpike, the Muskogee Turnpike and any land within 150 feet on either side, but said definition shall exclude State Highway 51 in Wagoner County and all spurs or older routings.

2.

Temporary antennas. Temporary antennas shall only be allowed in the following instances:

a.

In conjunction with a festival, carnival, or other activity requiring a special event permit from the city; and the antennas shall only be allowed commencing from one week prior to the event and be removed one week after the event; or

b.

In conjunction with a natural calamity such as a storm or other emergency as declared by the city's police or fire departments, which calamity has damaged or destroyed the regular facilities, and the temporary facilities are needed to restore service until the damage can be repaired or replaced. The facility owner or the service provider shall notify the city within 24 hours of the outage, and must receive an administrative permit if the temporary facility will be required for more than seven days. Further, any temporary facilities that remain in place for in excess of six months must receive a permit from the city council for the period in excess of six months.

3.

Screening and landscaping. Landscaping and fencing requirements on existing telecommunication towers and equipment facilities must be properly maintained prior to the administrative permit being issued by the city manager or his designee director, but new or additional requirements shall not be added for purposes of collocation.

E.

Small wireless facilities.

1.

Permitted use. Co-location of a small wireless facility or a new or modified utility pole or wireless support structure for the co-location of a small cell facility shall be a permitted use subject to the following provisions of this section E.

2.

Permit required. No person or entity shall place a small wireless facility in the right-of-way without first filing a small wireless facility application and obtaining a permit.

3.

Application requirements. The small wireless facility permit application shall be made by the wireless provider or its duly authorized representative and shall contain the following:

a.

The applicant's name, address, telephone number, and e-mail address;

b.

The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.

c.

A general description of the proposed work and the purposes and intent of the small wireless facility. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed;

d.

Construction and engineering drawings stamped by a professional engineer registered in Oklahoma and information demonstrating the small wireless facility or new or modified utility pole or wireless support structure complies with all requirements of 11 O.S. § 36-504(D);

e.

An engineering analysis demonstrating compliance with the applicable standards and codes and a description of any recommended make-ready work.

f.

A small wireless facility shall comply with all applicable codes.

g.

Any amendment to information contained in a permit application shall be submitted in writing to the city within 30 days after the change necessitating the amendment.

4.

Processing of permit; time limits. As found in FCC Final Rule Part 1, Subpart U, Section 1.6003(d), city staff shall review for completeness any permit application to deploy small wireless facilities, and shall notify the applicant on or before the tenth day after submission if the application is materially incomplete, and shall clearly and specifically identify the missing document or information, and the specific rule or regulation requiring such document or information. The ten-day limit (above) shall restart at zero on the date on which the applicant submits all the documents and information identified by city staff to render the application complete. An application shall be processed on a nondiscriminatory basis and deemed approved if the city fails to approve or deny the application within 75 days of receipt of the application. Upon issuance of a city permit, a small wireless provider shall install its facilities and commence operation within one year, as explained in 11 O.S. § 36-504(D), paragraphs 5 and 11.

5.

Rescission after approval. The city reserves the right to rescind a duly issued permit, and/or order relocation of a small wireless facility or structure at the sole expense of the provider for any reason listed for denial of a permit in 11 O.S. § 36-504(D), or if other unforeseen conditions occur which affect public safety or city operations. The city shall give reasonable notice to a provider of any such rescission or order.

6.

Routine maintenance and replacement. An application shall not be required for:

a.

Routine maintenance; and

b.

The replacement of a small wireless facility with another small wireless facility that is substantially similar or smaller in size, weight, and height.

7.

Placement of small wireless facilities.

a.

Small wireless facilities, and new or modified utility poles and wireless support structures for the co-location of small wireless facilities may be placed in the right-of-way as a permitted use subject to the following requirements:

1.

Each new or modified utility pole installed in the right-of-way shall not exceed the greater of:

(i)

Ten feet in height above the tallest existing utility pole located within 500 feet of the new pole in the same right-of-way; or

(ii)

Fifty feet above ground level.

2.

New small wireless facilities in the right-of-way may not extend more than ten feet above an existing utility pole or, for small wireless facilities on a new utility pole, above the height permitted for a new utility pole under this section.

3.

Placement of small wireless facilities, wireless support structures and utility poles in designated historic districts shall comply with 11 O.S. § 36-503.

b.

Small wireless facilities may be placed on property owned, leased, or otherwise controlled by the city pursuant to a commercial lease approved by the city council.

8.

Small wireless facilities standards.

a.

All small wireless facilities affixed to a utility pole which has exterior exposure shall be as close to the color of the utility pole as is commercially available to the wireless provider.

b.

The design and maintenance of all small wireless facilities, cables, wires, appurtenances, and utility poles, shall include the use of materials, colors, textures, screening and landscaping that will blend the small wireless facilities, appurtenances and utility poles to the natural setting or the built environment of the primary use.

9.

Zoning. Any wireless provider that seeks to construct or modify a utility pole, wireless support structure or wireless facility that exceeds the height or size limits contained in this section E, or is proposed to be located on private property zoned exclusively for residential single-family or duplex use shall be subject to applicable zoning requirements and applicable codes.

10.

Relocation or modification of small cell facilities. Within 90 days following written notice from the city, wireless provider shall, at its own expense, protect, support temporarily or permanently disconnect, remove relocate, change or alter the position of any small wireless facilities within the right-of-way whenever the city has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the city in or upon, the right-of-way.

11.

Emergency removal or relocation of facilities. The city retains the right and privilege to cut or move any small wireless facility located within the rights-of-way of the city, as the city may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the city shall notify the wireless provider and provide the wireless provider an opportunity to move its own facilities prior to cutting or removing a facility and shall notify the wireless provider after cutting or removing a small wireless facility.

12.

Abandonment of facilities. Any wireless provider owning a utility pole or wireless support structure located in the city shall remove said utility pole or wireless support structure, and any associated equipment, upon abandonment or discontinuance of use, and shall notify the city of said discontinuance and removal. The city may notify the wireless provider of suspected abandonment, and may demand such removal. If the wireless provider neither removes the utility pole or wireless support structure, nor notifies the city that the utility pole or wireless support structure has not been abandoned, the city may remove the utility pole or wireless support structure, take ownership of the small wireless facility and assess the cost of removal to the provider.

13.

Repair and restore. Wireless providers shall repair all damage caused by their activities in the right-of-way, and shall restore the right-of-way to its previous state. If such a provider fails to make such repairs within a reasonable time, the city may perform said repairs and charge the provider the reasonable, documented cost of such repairs.

14.

Identification on pole or other structure. Every wireless provider within the city shall identify itself on any pole or other structure used in its small wireless communications business, including said provider's full legal name and emergency contact information. Such identification shall be placed in a conspicuous place on the pole or other structure, in a permanent, all-weather medium and readily visible to the naked eye. Any wireless provider who purchases or leases, or otherwise succeeds to ownership or control of, such a pole or other structure, shall keep said identification accurate and current.

F.

Duty to indemnify, defend and hold harmless. Wireless providers shall defend, indemnify and hold harmless the city and its officers, agents and employees against any claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses and attorney fees resulting from the installation, construction, repair, replacement, operation or maintenance of telecommunication facilities, including small wireless facilities, wireless support structures or utility poles to the extent caused by the provider, its contractors, subcontractors and their officers, employees or agents. The provider shall have no obligation to defend, indemnify or hold harmless the city, its officers, agents or employees against any liabilities or losses due to or caused by the sole negligence of the city or its employees or agents.

G.

Written decision. Any decisions to deny an application for the placement, construction, or modification of telecommunication towers for cellular or personal communication service, or specialized radio mobile service shall be conveyed to the applicant in writing, together with the summary of the evidence which supports a denial of the application. A copy of the minutes of the meeting, which contains some of the evidence, may be used in place of or in addition to other summaries. The decision shall further contain the date at which the city council denied the application. The applicant has 30 days after the denial of the application, within which to seek judicial review. Therefore, the city will attempt to give notice in writing within five business days of the denial of the application, unless the applicant or applicant's representative was present in the meeting at which the denial was announced.

H.

Proprietary powers reserved. Nothing in this section concerning the regulation of what is legally permissible or legally forbidden interferes with the proprietary right of the city council to control the property held in the city's name or in the name of any of its trusts as either a corporate owner or as public trustee.

(Ord. No. 3482, § I, 5-2-2017; Ord. No. 3572, § I, 6-3-2019; Ord. No. 3618, § I, 1-7-2020)

Editor's note— Ord. No. 3482, § I, adopted May 2, 2017, amended § 5.9 in its entirety to read as herein set out. Former § 5.9 pertained to telecommunication towers and derived from Ord. No. 3465, § VIII, adopted Dec. 20, 2016.

A.

Generally. The city manager or his designee may accept donations of decorative banners or other decorations designed to be placed on light poles. Such donated banners may be displayed for a limited amount of time. The city may use light poles to display donated banners that promote or celebrate city-recognized holidays. No commercial banners or decorations will be accepted for display on city light poles.

B.

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

1.

City-recognized holiday means any holiday for which city council has approved the closure of city offices or that the city council has declared a holiday.

2.

Commercial banner or decoration means those banners, flags or decorations the sole or chief purpose of which is to advertise or promote the distribution, sale or rental of goods and/or services other than those which are strongly vested with public importance, such as utility, education, recreational, cultural, medical, protective, and governmental goods or services.

C.

Donation of banners or decorations.

1.

Application for display of banners or decorations. Prior to the donation of any decorative banners or other decorations designed to be placed on light poles, the prospective donor shall apply to the city manager or his designee who will determine if the proposed donation will be accepted for display and, if so, where and when the proposed banners or decorations may be displayed. The city manager or his designee shall review the donor's application to determine that the proposed banners or decorations meet the specifications of the director of community development ("director"), to determine that the proposed banners or decorations are not commercial, and to determine whether the locations where the donor proposes the donated banners or decorations should be displayed are not already designated for the display of other banners or decorations. The review of the city manager or his designee shall be done and the results of that review shall be communicated to the applicant donor within seven business days of the receipt of the application by the director.

2.

Right of appeal non-acceptance of banners or decorations. Any potential donor of banners or decorations to be displayed on light poles within the city shall have a right of appeal to the traffic advisory committee from any rejection of donation by the city manager or his designee. Such appeal shall be taken by filing written notice of appeal with the city clerk within ten business days after the rejection of donation is rendered. The traffic advisory committee staff shall, within seven business days of receipt of a written notice of appeal, set a date for a hearing of the appeal at the committee's next available regular meeting. Such notice will provide the applicant with at least five days' notice of the date, time and place of the hearing. Any appeal from the decision of the traffic advisory committee shall be to the district court of Tulsa County.

D.

Display period. The display of donated decorative banners or other decorations shall be limited to a maximum period of 45 calendar days, except that for the Rose District, display shall be limited to a maximum period of 30 calendar days.

E.

Installation of banners.

1.

No donated banner or other decoration may be hung except by City of Broken Arrow employees.

2.

Any person or entity which hangs a banner or other decoration on a city light pole in violation of this section shall be fined $100.00 per pole, per day, and shall be liable to the city for the cost of removing such banner or other decoration.

F.

Rules and regulations for display.

1.

The director is expressly authorized and empowered to promulgate rules and regulations supplementing this article, within its terms, provisions and limitations. The rules and regulations shall be subject to approval by the city manager. Such rules shall include, but are not limited to, specifications as to the number of banners to be displayed, the size and dimensions of the materials out of which the banners or decorations may be made, the processes to be used in producing the banners or decorations.

2.

The city manager or his designee shall have the authority, however, to waive specific technical rules when:

a.

The banner or other decoration substantially complies with the rules; and

b.

The city manager or his designee determines that the waiver will not have any adverse effect on public safety and welfare.

G.

This section does not apply to banners purchased by the city for placement on city-owned light poles.

(Ord. No. 3603, § I, 9-17-2019; Ord. No. 3620, § I, 3-17-2020; Ord. No. 3747, § I, 9-20-2022)