- DISTRICTS
For purposes of this chapter, the following districts are hereby established for the territorial planning jurisdiction of the planning and zoning commission:
(Zoning Ord., § 201.1)
The location and boundaries of the zoning districts shall be established by ordinance and shall be delineated and shown on a map entitled "Zoning Map of City of Commerce, Oklahoma" and the zoning map is hereby incorporated as a part of this chapter.
(Zoning Ord., § 201.2)
The boundaries of a zoning district shall extend to a centerline of abutting streets, regardless of the legal description used in establishing such districts. In the event of uncertainty in the exact boundaries of any of the districts as shown on the zoning map of the city, the planning and zoning commission, upon written application or upon its own motion, shall recommend the location of such boundaries to the council and the council shall make the final determination.
(Zoning Ord., § 201.3)
It shall be the duty of the planning and zoning commission to maintain an up-to-date official zoning map of the city, including all amendments directly adopted by the council. The zoning map, together with a copy of the ordinance from which this chapter is derived, shall be kept at the office of an otherwise designated official, known to the city clerk-treasurer. Any changes in zoning district boundaries shall be recorded on the map. No such changes shall be effective until so recorded and until a duly certified and attested certificate describing the change is filed with the map.
(Zoning Ord., § 201.4)
No land, building, structure or improvement shall be used and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building, structure or improvement is located, and such use is authorized except as provided by article III of this chapter.
(Zoning Ord., § 401.1)
Whenever the specific district regulation pertaining to one district permits the uses of a more restricted district, such uses shall be subject to the conditions set forth in the regulations of the more restricted district, unless otherwise specified.
(Zoning Ord., § 401.2)
It is intended that these regulations be interpreted as not permitting a dwelling unit to be located on the same lot with or within a structure used or intended to be used primarily for nonresidential purposes except that one accessory residential unit may be provided for a night watchman, motel manager or similar purpose where essential to the main use of the lot.
(Zoning Ord., § 401.3)
An improved lot shall not hereafter be divided into two or more lots unless all lots resulting from such division comply with all the applicable yard, space, area, parking and loading regulations of the zoning district in which it is located.
(Zoning Ord., § 402.1)
No building, structure or improvement shall be permitted to encroach upon required yard spaces set forth in the provisions of this chapter; provided, however, that surface parking facilities, signs, fences, and gasoline pumping service units may be permitted to occupy required yard space unless otherwise prohibited in those districts permitting such improvements and provided that no inoperative vehicle may be stored in the yard of a lot in a residential district for more than 60 days.
(Zoning Ord., § 403.1)
No principal building shall hereafter be constructed on a lot which does not abut a public dedicated street.
(Zoning Ord., § 404.1)
Commercial vehicles and trailers of all types, including travel, camping, hauling, and mobile homes, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions:
(1)
No more than one commercial vehicle, which does not exceed 1½ tons rated capacity, 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.
(2)
No more than one camping or travel trailer or hauling trailer per family living on the premises shall be permitted, and said trailer shall not exceed 24 feet in length or eight feet in width; and further provided that said trailer shall not be parked more than 48 hours unless it is located behind the front yard building line. A camping or travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area within the incorporated limits of the city except in a mobile home park authorized under the ordinances of the city.
(3)
No mobile home or manufactured home as defined by the laws of the state shall be placed on any property within the city without first having obtained a permit issued by the council.
a.
Applications for such permit may be obtained from the city clerk-treasurer and upon completion shall be filed with the city clerk-treasurer.
b.
The city clerk-treasurer shall collect an application fee as provided in the city fee schedule. This fee shall be refunded if the application is not approved by the city administration.
c.
No permit shall be issued unless the application reflects the following:
1.
The applicant is the owner of the real property, or has an executed written contract for the purchase of the real property;
2.
The applicant is the owner or co-owner of the mobile or manufactured home and will occupy the home following installation;
3.
The value of the mobile home or manufactured home and the value of the real property must, in the sole opinion of the city council, equal or exceed the value of the real property and residence on either side and behind the property which is the subject matter of the application.
d.
Any owner who has an approved application shall, within 20 days of moving the mobile home or manufactured home onto the approved premises, have the same set on a full perimeter foundation, the foundation being at least two standard blocks high, with such stem walls as are structurally appropriate and necessary.
(Zoning Ord., § 405.1)
Commercial vehicles and trailers of all types may be displayed in such commercial districts allowing sales of said vehicles or in such industrial districts allowing their manufacture; provided, however, said vehicles may not be used for dwelling purposes either temporarily or permanently except in a mobile home park authorized under the ordinances of the city.
(Zoning Ord., § 406.1)
It is the intent of these requirements that adequate parking and loading facilities be provided on off-the-street areas for each use of land within the city. Requirements are intended to be based on the demand created by each use. These requirements apply to all uses in all districts.
(Zoning Ord., § 407.1)
Off-street parking space may be a part of the required open space associated with the permitted use, unless otherwise prohibited; provided, however, the off-street parking requirements shall not be reduced or encroached upon in any manner.
(Zoning Ord., § 407.2)
The off-street parking lot shall be located within 200 feet, exclusive of street and alley width, of the principal use and shall have direct access to street or alley.
(Zoning Ord., § 407.3)
The size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than ten feet by 20 feet plus adequate provisions for ingress and egress.
(Zoning Ord., § 407.5)
All parking spaces shall be paved with a sealed surface permanent pavement and maintained in a manner such that no dust will result from continued use.
(Zoning Ord., § 407.6)
The planning and zoning commission shall make a determination of the parking demand to be created by the proposed nonresidential use, and the amount of parking thus determined shall be the off-street parking requirement for the permitted use. Off-street parking and loading facilities shall be provided in all districts in accordance with the following schedule:
(Zoning Ord., § 407.7)
The R1-A district is the most restrictive residential district. The principal use of the land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not necessary for a residential environment. This district makes provision for adequate light, air and open space for dwellings and requisite facilities.
(Zoning Ord., § 602.1)
The following uses are permitted in the R1-A district:
(1)
Detached one-family dwellings.
(2)
Accessory buildings which are not a part of the main building, including a private garage or accessory buildings which are a part of the main building, including a private garage.
(3)
Churches.
(4)
Public schools or schools offering general educational courses, the same given in public schools and having no facilities for housing its students.
(5)
Parks and playgrounds.
(6)
Gardening, but not the raising of livestock.
(7)
Home occupations.
(Zoning Ord., § 602.2)
The following uses may be permitted on review by the planning and zoning commission and issuance of a conditional use permit:
(1)
Municipal use, public building and public utility.
(2)
Golf course or other recreational use.
(Zoning Ord., § 602.3)
All lots and improvements within the R-1A district shall meet the following area and height requirements:
(1)
Minimum lot area. For each dwelling, and building accessory thereto, there shall be a lot area of not less than 9,000 square feet. Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the effective date of the ordinance from which this chapter is derived, that lot may be used for any of the uses, except churches, permitted by this section.
(2)
Minimum lot width. For dwellings there shall be a minimum lot width of 75 feet at the front building line and such lot shall abut on a street for a distance of not less than 35 feet.
(3)
Limitation on area of improvement. Not more than 35 percent of the lot area shall be covered with improvements. Paved areas, if otherwise encumbered, are not considered improvements within the meaning of these provisions.
(4)
Height limit. No building shall exceed 2½ stories or 35 feet in height.
(5)
Front yard minimum depth. The minimum depth of the front yard shall be 25 feet. If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall isolate the standard so established by the existing buildings; but this regulation shall not require a front yard of greater than 40 feet. When a yard has double frontage, the front yard requirements shall be provided on both streets.
(6)
Side yard on interior lot with one-story dwelling. For dwellings of one story located on interior lots there shall be a side yard on each side of the main building of not less than five and of not more than eight feet for dwellings of more than one story. For unattached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line.
(7)
Side yard on corner lots. For dwelling and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back-to-back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwelling and accessory building on an interior lot. Churches and main and accessory buildings, other than dwellings, and buildings accessory to dwellings, shall be set back from all exterior and interior side lot lines a distance of not less than 35 feet.
(8)
Rear yard. There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear of a main building.
(Zoning Ord., § 602.4)
The R-1 district is established as a district in which the principal use of the land is for residential purposes and uses incidental thereto. It is the purpose and intent of this district to promote the development and continued use of land for dwellings and to provide and maintain a quiet, pleasant, and relatively spacious living area protected from traffic hazards and intrusion of uses that would substantially interfere with or conversely affect the desirable quality of a residential environment.
(Zoning Ord., § 603.1)
Within the R-1 General Residential District, the following uses are permitted:
(1)
One-family unattached dwellings.
(2)
Two-family attached dwellings.
(3)
Public schools and private schools where the courses offered would otherwise be offered by public schools and having no provision for housing its students.
(4)
Churches.
(5)
Parks, playgrounds, fire stations, community centers, hospitals and other similar public facilities.
(6)
Accessory buildings and uses customarily incidental to the uses listed in this section when located on the same lot.
(7)
Home occupations.
(Zoning Ord., § 603.2)
All lots and improvements within the R-1 district shall meet the following area and height requirements:
* Unless a corner lot, then the side setback shall be ten feet on the street side.
(1)
For each single-family dwelling, and building accessory thereto, there shall be a lot area of not less than 6,000 square feet. Two-family structures shall have a lot allocation of 3,500 square feet per dwelling unit. For churches, main and accessory buildings, other than dwellings, the lot area size shall be one acre.
(2)
For single-family dwellings there shall be a minimum lot width of 40 feet at the front building line of the structure, excepting any previously platted lot of 60 feet or greater. Two-family dwellings shall have a minimum lot width of 70 feet at the front building line of the structure.
(3)
The maximum coverage of any lot in the R-1 district shall not exceed 60 percent of the area for interior lots or 75 percent of the area for corner lots.
(4)
No improvement or structure to be occupied as a dwelling shall exceed 25 feet in height above mean sea elevation of the lot. Structures for purposes other than dwelling shall not exceed 20 feet in height.
(5)
The minimum depth of the front yard shall be 25 feet for one and two-family dwellings and 20 feet for other uses.
(6)
All one- and two-family dwellings shall have not less than a five-foot side setback to both sides. All other uses shall have a side yard setback of 15 feet to both sides.
(7)
There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.
(Zoning Ord., § 603.3; Ord. No. 08-03, § 1, 10-28-2008)
The R-2 district is a residential district to provide for medium and high population density. The principal use of the land can range from single-family to multiple-family and garage apartment uses. Certain uses which are functionally more compatible with intensive residential uses than with commercial uses are permitted, as are recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area.
(Zoning Ord., § 604.1)
Within the R-2 Multiple-Family Residential District, the following uses are permitted:
(1)
Any use permitted in an R-1 district.
(2)
Multiple-family dwelling, apartment house.
(3)
Roominghouse or boardinghouse.
(4)
Accessory building and uses customarily incidental to the uses listed in this section when located on the same lot.
(Zoning Ord., § 604.2)
The following uses may be permitted on review by the planning and zoning commission and the city council and issuance of a conditional use permit.
(1)
Any use permitted on review in an R-1 district.
(2)
Child care center.
(3)
Medical facility.
(4)
An off-street parking lot associated with C-1 commercial use, as required under the provisions of division 2 of this article.
(Zoning Ord., § 604.3)
All lots and improvements within the R-2 district shall meet the following area and height requirements:
(1)
Intensity of use.
a.
There shall be a lot area of not less than 6,000 square feet for a single-family dwelling, not less than 10,000 square feet for a two-family dwelling, and not less than 10,000 square feet plus an additional area of not less than 2,000 square feet for each family, more than three, occupying a dwelling.
b.
There shall be a lot area of not less than 10,000 square feet where a garage apartment is located on the same lot area with a two-family or multiple-family dwelling; the lot area shall provide not less than 2,000 square feet more than is required for the two-family or multiple-family dwelling.
c.
Where a lot has less area than herein required and all boundary lines of the lot touch lands under other ownership on the effective date of the ordinance from which this chapter is derived, that lot may be used for any use, except churches, permitted in the R-1A Low Density Single-Family Residential District.
(2)
Lot width. Each lot shall have a frontage of not less than 60 feet for a two-family dwelling, and 100 feet for a multiple-family dwelling and all other uses. The frontage of any wedge-shaped lot may be a minimum of 35 feet provided the width of the lot at the front building line shall be not less than that specified in subsection (1) of this section.
(3)
Coverage. Main and accessory buildings shall not cover more than 50 percent of the lot area. Accessory buildings shall not cover more than 30 percent of the rear yard.
(4)
Height regulation. No building shall exceed 3½ stories or 45 feet in height.
(5)
Front yard regulation. All buildings shall be set back from street right-of-way lines to comply with the following yard requirements:
a.
The minimum depth of the front yard shall be 15 feet.
b.
If 25 percent or more of lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than 25 feet and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet.
c.
When a yard has double frontage, the front yard requirements shall be on both streets.
(6)
Side yard regulation.
a.
For dwellings located on an interior lot a side yard of not less than five feet shall be provided on both sides of the main building for the first story and an additional three feet of side yard shall be provided for each additional story or part thereof. Three feet shall be provided for accessory buildings located not more than 50 feet from the rear property line.
b.
For dwellings and accessory buildings on corner lots, there shall be a side setback from the intersecting street of no less than 15 feet in case such lot is back-to-back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same for dwelling and accessory buildings on an interior lot.
c.
Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings and mobile homes, shall set back from all exterior and interior side lot lines a distance of not less than 35 feet.
(7)
Rear yard regulation. For main buildings, other than garage apartments, there shall be a rear yard of not less than 20 feet or 20 percent of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of another dwelling, but shall not be located closer than ten feet to the rear lot line; unattached buildings of accessory use may be located in the rear yard of a main building.
(Zoning Ord., § 604.4)
The regulations for commercial districts are designed to provide an area for the business and commercial needs and services of the trade area; and to minimize the adverse effects of commercial uses on other land uses.
(1)
C-1 Neighborhood Commercial District. The C-1 district is for the conduct of retail trade and to provide personal service to meet the regular needs and the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational elements, more restrictive requirements for light, air, open space and off-street parking are made than are provided in other commercial districts.
(2)
C-2 General Commercial District. The C-2 district is designed for the conduct of personal and business services and the general retail trade of a trade area. It is designed to accommodate a wide variety of commercial uses in a central business district or areas of mixed enterprises.
(Zoning Ord., § 606.1)
The permitted uses in the commercial districts are set forth in the table below. Where the letter X appears on the line of permitted use and in the column of a district, the listed use is permitted in that district subject to the general provisions of this chapter as set forth in other sections.
(Zoning Ord., § 606.2)
No lot or yard shall be established or reduced in dimension or area in any commercial district that does not meet the minimum requirements set forth in the following table. No building or structure shall be erected or enlarged that will cause the maximum lot coverage or maximum height regulations to be exceeded for such district as set forth in the following table.
No building or structure in any commercial district shall exceed a height of 35 feet except upon the approval of the council.
(Zoning Ord., § 606.3)
No material or goods offered for sale or stored in connection with the uses set forth in this division for C-1 commercial districts shall be displayed or stored outside of a building.
(Zoning Ord., § 606.5)
The purpose of the I-L Light Industrial District is to provide a location for industries and to preserve such land for industry that is most beneficial to industrial use and to prohibit nonindustrial uses. It provides areas suitable for manufacturing, wholesaling, warehousing and other industrial activities which have no objectionable environmental influences. Because of the traffic generated in this district, it is necessary to provide a buffer or setback area between this district and any other zoning districts.
(Zoning Ord., § 607.1)
The following uses are permitted in the I-L district:
(1)
Agriculture.
(2)
Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading and battery manufacturing.
(3)
Bakery.
(4)
Book bindery.
(5)
Building material sales, including the sale of rock, sand, gravel and the like.
(6)
Bottling works, cannery or preserving.
(7)
Factory, candy manufacturer.
(8)
Commercial radio and television transmitting antenna tower and other electronic equipment requirements requiring outdoor towers, including antenna towers for the dispatching of private messages.
(9)
Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.
(10)
Electrical equipment assembly.
(11)
Electronic equipment assembly and manufacturing.
(12)
Engraving plant.
(13)
Food products processing and packaging.
(14)
Foundry casting lightweight nonferrous metal not causing noxious fumes or odors.
(15)
Freight or trucking yard or terminal.
(16)
Fuel sales, not to include storage.
(17)
General and administrative office.
(18)
Instrument and meter manufacturing.
(19)
Jewelry and watch manufacturing.
(20)
Laboratory, experimental.
(21)
Laundry and cleaning establishment.
(22)
Leather good fabrication.
(23)
Machine shop and metal products manufacture and tool die shop.
(24)
Mail order houses.
(25)
The manufacturing, compounding, processing, packing or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, and food products.
(26)
The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: cellophane, canvas, cloth, paper, plastics, precious or semi-precious materials or stones, textiles, tobacco, wood, yarn, and paint.
(27)
The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay.
(28)
Milk bottling and distribution.
(29)
Milling company and grain elevator.
(30)
Motor freight terminal.
(31)
Oilfield equipment storage.
(32)
Printing plant.
(33)
Public utility service yard or electrical receiving or transforming service.
(34)
Research laboratory.
(35)
Sale barn.
(36)
Sheet metal shop.
(37)
Sign painting.
(38)
Utility service installation.
(39)
Warehouse and storage facility.
(40)
Water filtration plant, pumping station, reservoir, and lift station.
(41)
Welding shop.
(42)
Any other manufacturing process or establishment similar to that described in this list.
(43)
Building, structure and use accessory and customarily incidental to any of uses listed in this section.
(Zoning Ord., § 607.2)
There is no minimum lot area in the in the I-L district.
(Zoning Ord., § 609.2)
Buildings located in the I-L district shall not cover more than 40 percent of the site on which they are located.
(Zoning Ord., § 609.3)
No structure shall be erected or maintained in the I-L district which has a front yard setback of less than 50 feet. A side yard or rear yard of 50 feet or two feet of setback for each one foot of height, whichever is greater, shall be provided when adjacent to residential districts.
(Zoning Ord., § 609.4)
Off-street parking and loading in the I-L district shall be provided as required in section 44-63.
(Zoning Ord., § 609.5)
The I-H Heavy Industrial District is designed to provide areas for manufacturing and other industrial activities which may produce moderately objectionable or substantial environmental influences or hazards in their operation and appearance.
(Zoning Ord., § 608.1)
The following uses are permitted in the I-H district:
(1)
Any of those uses permitted in the I-L district.
(2)
Moderate and heavy manufacturing and industry.
(3)
Automobile wrecking and junks, provided they are enclosed by a solid fence of not less than eight feet in height.
(Zoning Ord., § 608.2)
There is no minimum lot area in the I-H district.
(Zoning Ord., § 609.2)
Buildings located in the I-H district shall not cover more than 40 percent of the site on which they are located.
(Zoning Ord., § 609.3)
No structure shall be erected or maintained in the I-H district which has a front yard setback of less than 50 feet. A side yard or rear yard of 50 feet or two feet of setback for each one foot of height, whichever is greater, shall be provided when adjacent to residential districts.
(Zoning Ord., § 609.4)
Off-street parking and loading in the I-H district shall be provided as required in section 44-63.
(Zoning Ord., § 609.5)
The flood hazard district is intended to comprise those areas which are subject to periodic or occasional flooding during a 100 year frequency flood, which results in special hazards to life and property, in the disruption of commerce and governmental services, and poses a direct threat to the public health, safety, and general welfare. These regulations are designed to regulate and control uses within the flood hazard district, to protect human life and health, to minimize damage to public and private property, to minimize surface and groundwater in floodways and flood fringe areas which will impede runoff and contribute to flooding in other areas, and to protect natural scenic areas and provide for the conservation of natural resources.
(Zoning Ord., § 610.1)
The boundaries of the flood hazard district, which is composed of floodway and flood fringe areas, may cut across and overlay the boundaries of other zoning districts. The regulations applicable to the flood hazard district shall be interpreted as being in addition to the requirements of other district regulations, and wherever a conflict in requirements results, the regulations of the flood hazard district shall supersede all other regulations.
(Zoning Ord., § 610.2)
Within the F Flood Hazard District, the following uses are permitted:
(1)
Floodway areas. Property located in all floodways shall be used only for the following purposes; provided however, that no building or permanent structure is involved and the use in no way obstructs or otherwise adversely affects the capacity of the floodway:
a.
Agricultural uses including the growing of crops and the use of land for pasture and grazing where farm animals are otherwise permitted by the district provisions of this chapter or by the general ordinances of the city.
b.
Private and public recreational uses not otherwise prohibited, such as natural scenic areas, game farms, hiking and horseback riding trails and similar uses.
c.
Lawns, gardens and recreational areas which are accessory to residential uses.
(2)
Flood fringe areas. Property and buildings in flood fringe areas shall be used only for the following purposes; provided, however, that no building or structure or use of land is involved that causes displacement of the floodway, unless the capacity of the floodway is increased to compensate for the reduced capacity of the flood fringe:
a.
Any use permitted in the floodway that is not otherwise prohibited by other district provisions of this chapter or other city regulations.
b.
Storage of materials or equipment not adversely affected by flooding.
c.
Fill and other floodproofing measures.
d.
All other uses permitted in the district with which the flood hazard district has been combined when floodproofing and alternative improvements for flood fringe displacement of floodwater have been provided.
(Zoning Ord., § 610.3)
In order to carry out the intent of the requirements set forth in the flood hazard district, in addition to other administrative provisions required by this chapter, the following provisions shall apply:
(1)
Building or occupancy permit required. No use or improvement of any floodway or flood fringe area of any form shall be permitted without first obtaining a building and/or occupancy permit from the zoning administrator.
(2)
Additional information required. The zoning administrator may require the applicant to furnish any or all of the following information in determining the suitability of a particular site for a proposed use:
a.
Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of such to the location of the channel, floodway, and the flood protection elevation.
b.
A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high-water information.
c.
Plans, surface view, showing elevations or contours of the ground; pertinent structures, fill or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information.
d.
A profile showing the slope of the bottom of the channel or flow line of the stream.
e.
Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.
(Zoning Ord., § 610.5)
- DISTRICTS
For purposes of this chapter, the following districts are hereby established for the territorial planning jurisdiction of the planning and zoning commission:
(Zoning Ord., § 201.1)
The location and boundaries of the zoning districts shall be established by ordinance and shall be delineated and shown on a map entitled "Zoning Map of City of Commerce, Oklahoma" and the zoning map is hereby incorporated as a part of this chapter.
(Zoning Ord., § 201.2)
The boundaries of a zoning district shall extend to a centerline of abutting streets, regardless of the legal description used in establishing such districts. In the event of uncertainty in the exact boundaries of any of the districts as shown on the zoning map of the city, the planning and zoning commission, upon written application or upon its own motion, shall recommend the location of such boundaries to the council and the council shall make the final determination.
(Zoning Ord., § 201.3)
It shall be the duty of the planning and zoning commission to maintain an up-to-date official zoning map of the city, including all amendments directly adopted by the council. The zoning map, together with a copy of the ordinance from which this chapter is derived, shall be kept at the office of an otherwise designated official, known to the city clerk-treasurer. Any changes in zoning district boundaries shall be recorded on the map. No such changes shall be effective until so recorded and until a duly certified and attested certificate describing the change is filed with the map.
(Zoning Ord., § 201.4)
No land, building, structure or improvement shall be used and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building, structure or improvement is located, and such use is authorized except as provided by article III of this chapter.
(Zoning Ord., § 401.1)
Whenever the specific district regulation pertaining to one district permits the uses of a more restricted district, such uses shall be subject to the conditions set forth in the regulations of the more restricted district, unless otherwise specified.
(Zoning Ord., § 401.2)
It is intended that these regulations be interpreted as not permitting a dwelling unit to be located on the same lot with or within a structure used or intended to be used primarily for nonresidential purposes except that one accessory residential unit may be provided for a night watchman, motel manager or similar purpose where essential to the main use of the lot.
(Zoning Ord., § 401.3)
An improved lot shall not hereafter be divided into two or more lots unless all lots resulting from such division comply with all the applicable yard, space, area, parking and loading regulations of the zoning district in which it is located.
(Zoning Ord., § 402.1)
No building, structure or improvement shall be permitted to encroach upon required yard spaces set forth in the provisions of this chapter; provided, however, that surface parking facilities, signs, fences, and gasoline pumping service units may be permitted to occupy required yard space unless otherwise prohibited in those districts permitting such improvements and provided that no inoperative vehicle may be stored in the yard of a lot in a residential district for more than 60 days.
(Zoning Ord., § 403.1)
No principal building shall hereafter be constructed on a lot which does not abut a public dedicated street.
(Zoning Ord., § 404.1)
Commercial vehicles and trailers of all types, including travel, camping, hauling, and mobile homes, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions:
(1)
No more than one commercial vehicle, which does not exceed 1½ tons rated capacity, 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.
(2)
No more than one camping or travel trailer or hauling trailer per family living on the premises shall be permitted, and said trailer shall not exceed 24 feet in length or eight feet in width; and further provided that said trailer shall not be parked more than 48 hours unless it is located behind the front yard building line. A camping or travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area within the incorporated limits of the city except in a mobile home park authorized under the ordinances of the city.
(3)
No mobile home or manufactured home as defined by the laws of the state shall be placed on any property within the city without first having obtained a permit issued by the council.
a.
Applications for such permit may be obtained from the city clerk-treasurer and upon completion shall be filed with the city clerk-treasurer.
b.
The city clerk-treasurer shall collect an application fee as provided in the city fee schedule. This fee shall be refunded if the application is not approved by the city administration.
c.
No permit shall be issued unless the application reflects the following:
1.
The applicant is the owner of the real property, or has an executed written contract for the purchase of the real property;
2.
The applicant is the owner or co-owner of the mobile or manufactured home and will occupy the home following installation;
3.
The value of the mobile home or manufactured home and the value of the real property must, in the sole opinion of the city council, equal or exceed the value of the real property and residence on either side and behind the property which is the subject matter of the application.
d.
Any owner who has an approved application shall, within 20 days of moving the mobile home or manufactured home onto the approved premises, have the same set on a full perimeter foundation, the foundation being at least two standard blocks high, with such stem walls as are structurally appropriate and necessary.
(Zoning Ord., § 405.1)
Commercial vehicles and trailers of all types may be displayed in such commercial districts allowing sales of said vehicles or in such industrial districts allowing their manufacture; provided, however, said vehicles may not be used for dwelling purposes either temporarily or permanently except in a mobile home park authorized under the ordinances of the city.
(Zoning Ord., § 406.1)
It is the intent of these requirements that adequate parking and loading facilities be provided on off-the-street areas for each use of land within the city. Requirements are intended to be based on the demand created by each use. These requirements apply to all uses in all districts.
(Zoning Ord., § 407.1)
Off-street parking space may be a part of the required open space associated with the permitted use, unless otherwise prohibited; provided, however, the off-street parking requirements shall not be reduced or encroached upon in any manner.
(Zoning Ord., § 407.2)
The off-street parking lot shall be located within 200 feet, exclusive of street and alley width, of the principal use and shall have direct access to street or alley.
(Zoning Ord., § 407.3)
The size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than ten feet by 20 feet plus adequate provisions for ingress and egress.
(Zoning Ord., § 407.5)
All parking spaces shall be paved with a sealed surface permanent pavement and maintained in a manner such that no dust will result from continued use.
(Zoning Ord., § 407.6)
The planning and zoning commission shall make a determination of the parking demand to be created by the proposed nonresidential use, and the amount of parking thus determined shall be the off-street parking requirement for the permitted use. Off-street parking and loading facilities shall be provided in all districts in accordance with the following schedule:
(Zoning Ord., § 407.7)
The R1-A district is the most restrictive residential district. The principal use of the land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not necessary for a residential environment. This district makes provision for adequate light, air and open space for dwellings and requisite facilities.
(Zoning Ord., § 602.1)
The following uses are permitted in the R1-A district:
(1)
Detached one-family dwellings.
(2)
Accessory buildings which are not a part of the main building, including a private garage or accessory buildings which are a part of the main building, including a private garage.
(3)
Churches.
(4)
Public schools or schools offering general educational courses, the same given in public schools and having no facilities for housing its students.
(5)
Parks and playgrounds.
(6)
Gardening, but not the raising of livestock.
(7)
Home occupations.
(Zoning Ord., § 602.2)
The following uses may be permitted on review by the planning and zoning commission and issuance of a conditional use permit:
(1)
Municipal use, public building and public utility.
(2)
Golf course or other recreational use.
(Zoning Ord., § 602.3)
All lots and improvements within the R-1A district shall meet the following area and height requirements:
(1)
Minimum lot area. For each dwelling, and building accessory thereto, there shall be a lot area of not less than 9,000 square feet. Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the effective date of the ordinance from which this chapter is derived, that lot may be used for any of the uses, except churches, permitted by this section.
(2)
Minimum lot width. For dwellings there shall be a minimum lot width of 75 feet at the front building line and such lot shall abut on a street for a distance of not less than 35 feet.
(3)
Limitation on area of improvement. Not more than 35 percent of the lot area shall be covered with improvements. Paved areas, if otherwise encumbered, are not considered improvements within the meaning of these provisions.
(4)
Height limit. No building shall exceed 2½ stories or 35 feet in height.
(5)
Front yard minimum depth. The minimum depth of the front yard shall be 25 feet. If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall isolate the standard so established by the existing buildings; but this regulation shall not require a front yard of greater than 40 feet. When a yard has double frontage, the front yard requirements shall be provided on both streets.
(6)
Side yard on interior lot with one-story dwelling. For dwellings of one story located on interior lots there shall be a side yard on each side of the main building of not less than five and of not more than eight feet for dwellings of more than one story. For unattached buildings of accessory use there shall be a side yard of not less than five feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three feet from an interior side lot line when all parts of the accessory building are located not more than 50 feet from the rear property line.
(7)
Side yard on corner lots. For dwelling and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet in case such lot is back-to-back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same as for dwelling and accessory building on an interior lot. Churches and main and accessory buildings, other than dwellings, and buildings accessory to dwellings, shall be set back from all exterior and interior side lot lines a distance of not less than 35 feet.
(8)
Rear yard. There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear of a main building.
(Zoning Ord., § 602.4)
The R-1 district is established as a district in which the principal use of the land is for residential purposes and uses incidental thereto. It is the purpose and intent of this district to promote the development and continued use of land for dwellings and to provide and maintain a quiet, pleasant, and relatively spacious living area protected from traffic hazards and intrusion of uses that would substantially interfere with or conversely affect the desirable quality of a residential environment.
(Zoning Ord., § 603.1)
Within the R-1 General Residential District, the following uses are permitted:
(1)
One-family unattached dwellings.
(2)
Two-family attached dwellings.
(3)
Public schools and private schools where the courses offered would otherwise be offered by public schools and having no provision for housing its students.
(4)
Churches.
(5)
Parks, playgrounds, fire stations, community centers, hospitals and other similar public facilities.
(6)
Accessory buildings and uses customarily incidental to the uses listed in this section when located on the same lot.
(7)
Home occupations.
(Zoning Ord., § 603.2)
All lots and improvements within the R-1 district shall meet the following area and height requirements:
* Unless a corner lot, then the side setback shall be ten feet on the street side.
(1)
For each single-family dwelling, and building accessory thereto, there shall be a lot area of not less than 6,000 square feet. Two-family structures shall have a lot allocation of 3,500 square feet per dwelling unit. For churches, main and accessory buildings, other than dwellings, the lot area size shall be one acre.
(2)
For single-family dwellings there shall be a minimum lot width of 40 feet at the front building line of the structure, excepting any previously platted lot of 60 feet or greater. Two-family dwellings shall have a minimum lot width of 70 feet at the front building line of the structure.
(3)
The maximum coverage of any lot in the R-1 district shall not exceed 60 percent of the area for interior lots or 75 percent of the area for corner lots.
(4)
No improvement or structure to be occupied as a dwelling shall exceed 25 feet in height above mean sea elevation of the lot. Structures for purposes other than dwelling shall not exceed 20 feet in height.
(5)
The minimum depth of the front yard shall be 25 feet for one and two-family dwellings and 20 feet for other uses.
(6)
All one- and two-family dwellings shall have not less than a five-foot side setback to both sides. All other uses shall have a side yard setback of 15 feet to both sides.
(7)
There shall be a rear yard for a main building of not less than 20 feet or 20 percent of the depth of the lot, whichever amount is smaller. Unattached buildings of accessory use may be located in the rear yard of a main building.
(Zoning Ord., § 603.3; Ord. No. 08-03, § 1, 10-28-2008)
The R-2 district is a residential district to provide for medium and high population density. The principal use of the land can range from single-family to multiple-family and garage apartment uses. Certain uses which are functionally more compatible with intensive residential uses than with commercial uses are permitted, as are recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area.
(Zoning Ord., § 604.1)
Within the R-2 Multiple-Family Residential District, the following uses are permitted:
(1)
Any use permitted in an R-1 district.
(2)
Multiple-family dwelling, apartment house.
(3)
Roominghouse or boardinghouse.
(4)
Accessory building and uses customarily incidental to the uses listed in this section when located on the same lot.
(Zoning Ord., § 604.2)
The following uses may be permitted on review by the planning and zoning commission and the city council and issuance of a conditional use permit.
(1)
Any use permitted on review in an R-1 district.
(2)
Child care center.
(3)
Medical facility.
(4)
An off-street parking lot associated with C-1 commercial use, as required under the provisions of division 2 of this article.
(Zoning Ord., § 604.3)
All lots and improvements within the R-2 district shall meet the following area and height requirements:
(1)
Intensity of use.
a.
There shall be a lot area of not less than 6,000 square feet for a single-family dwelling, not less than 10,000 square feet for a two-family dwelling, and not less than 10,000 square feet plus an additional area of not less than 2,000 square feet for each family, more than three, occupying a dwelling.
b.
There shall be a lot area of not less than 10,000 square feet where a garage apartment is located on the same lot area with a two-family or multiple-family dwelling; the lot area shall provide not less than 2,000 square feet more than is required for the two-family or multiple-family dwelling.
c.
Where a lot has less area than herein required and all boundary lines of the lot touch lands under other ownership on the effective date of the ordinance from which this chapter is derived, that lot may be used for any use, except churches, permitted in the R-1A Low Density Single-Family Residential District.
(2)
Lot width. Each lot shall have a frontage of not less than 60 feet for a two-family dwelling, and 100 feet for a multiple-family dwelling and all other uses. The frontage of any wedge-shaped lot may be a minimum of 35 feet provided the width of the lot at the front building line shall be not less than that specified in subsection (1) of this section.
(3)
Coverage. Main and accessory buildings shall not cover more than 50 percent of the lot area. Accessory buildings shall not cover more than 30 percent of the rear yard.
(4)
Height regulation. No building shall exceed 3½ stories or 45 feet in height.
(5)
Front yard regulation. All buildings shall be set back from street right-of-way lines to comply with the following yard requirements:
a.
The minimum depth of the front yard shall be 15 feet.
b.
If 25 percent or more of lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than 25 feet and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than 40 feet.
c.
When a yard has double frontage, the front yard requirements shall be on both streets.
(6)
Side yard regulation.
a.
For dwellings located on an interior lot a side yard of not less than five feet shall be provided on both sides of the main building for the first story and an additional three feet of side yard shall be provided for each additional story or part thereof. Three feet shall be provided for accessory buildings located not more than 50 feet from the rear property line.
b.
For dwellings and accessory buildings on corner lots, there shall be a side setback from the intersecting street of no less than 15 feet in case such lot is back-to-back with another corner lot, and 25 feet in every other case. The interior side yard shall be the same for dwelling and accessory buildings on an interior lot.
c.
Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings and mobile homes, shall set back from all exterior and interior side lot lines a distance of not less than 35 feet.
(7)
Rear yard regulation. For main buildings, other than garage apartments, there shall be a rear yard of not less than 20 feet or 20 percent of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of another dwelling, but shall not be located closer than ten feet to the rear lot line; unattached buildings of accessory use may be located in the rear yard of a main building.
(Zoning Ord., § 604.4)
The regulations for commercial districts are designed to provide an area for the business and commercial needs and services of the trade area; and to minimize the adverse effects of commercial uses on other land uses.
(1)
C-1 Neighborhood Commercial District. The C-1 district is for the conduct of retail trade and to provide personal service to meet the regular needs and the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational elements, more restrictive requirements for light, air, open space and off-street parking are made than are provided in other commercial districts.
(2)
C-2 General Commercial District. The C-2 district is designed for the conduct of personal and business services and the general retail trade of a trade area. It is designed to accommodate a wide variety of commercial uses in a central business district or areas of mixed enterprises.
(Zoning Ord., § 606.1)
The permitted uses in the commercial districts are set forth in the table below. Where the letter X appears on the line of permitted use and in the column of a district, the listed use is permitted in that district subject to the general provisions of this chapter as set forth in other sections.
(Zoning Ord., § 606.2)
No lot or yard shall be established or reduced in dimension or area in any commercial district that does not meet the minimum requirements set forth in the following table. No building or structure shall be erected or enlarged that will cause the maximum lot coverage or maximum height regulations to be exceeded for such district as set forth in the following table.
No building or structure in any commercial district shall exceed a height of 35 feet except upon the approval of the council.
(Zoning Ord., § 606.3)
No material or goods offered for sale or stored in connection with the uses set forth in this division for C-1 commercial districts shall be displayed or stored outside of a building.
(Zoning Ord., § 606.5)
The purpose of the I-L Light Industrial District is to provide a location for industries and to preserve such land for industry that is most beneficial to industrial use and to prohibit nonindustrial uses. It provides areas suitable for manufacturing, wholesaling, warehousing and other industrial activities which have no objectionable environmental influences. Because of the traffic generated in this district, it is necessary to provide a buffer or setback area between this district and any other zoning districts.
(Zoning Ord., § 607.1)
The following uses are permitted in the I-L district:
(1)
Agriculture.
(2)
Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading and battery manufacturing.
(3)
Bakery.
(4)
Book bindery.
(5)
Building material sales, including the sale of rock, sand, gravel and the like.
(6)
Bottling works, cannery or preserving.
(7)
Factory, candy manufacturer.
(8)
Commercial radio and television transmitting antenna tower and other electronic equipment requirements requiring outdoor towers, including antenna towers for the dispatching of private messages.
(9)
Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors.
(10)
Electrical equipment assembly.
(11)
Electronic equipment assembly and manufacturing.
(12)
Engraving plant.
(13)
Food products processing and packaging.
(14)
Foundry casting lightweight nonferrous metal not causing noxious fumes or odors.
(15)
Freight or trucking yard or terminal.
(16)
Fuel sales, not to include storage.
(17)
General and administrative office.
(18)
Instrument and meter manufacturing.
(19)
Jewelry and watch manufacturing.
(20)
Laboratory, experimental.
(21)
Laundry and cleaning establishment.
(22)
Leather good fabrication.
(23)
Machine shop and metal products manufacture and tool die shop.
(24)
Mail order houses.
(25)
The manufacturing, compounding, processing, packing or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, and food products.
(26)
The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: cellophane, canvas, cloth, paper, plastics, precious or semi-precious materials or stones, textiles, tobacco, wood, yarn, and paint.
(27)
The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay.
(28)
Milk bottling and distribution.
(29)
Milling company and grain elevator.
(30)
Motor freight terminal.
(31)
Oilfield equipment storage.
(32)
Printing plant.
(33)
Public utility service yard or electrical receiving or transforming service.
(34)
Research laboratory.
(35)
Sale barn.
(36)
Sheet metal shop.
(37)
Sign painting.
(38)
Utility service installation.
(39)
Warehouse and storage facility.
(40)
Water filtration plant, pumping station, reservoir, and lift station.
(41)
Welding shop.
(42)
Any other manufacturing process or establishment similar to that described in this list.
(43)
Building, structure and use accessory and customarily incidental to any of uses listed in this section.
(Zoning Ord., § 607.2)
There is no minimum lot area in the in the I-L district.
(Zoning Ord., § 609.2)
Buildings located in the I-L district shall not cover more than 40 percent of the site on which they are located.
(Zoning Ord., § 609.3)
No structure shall be erected or maintained in the I-L district which has a front yard setback of less than 50 feet. A side yard or rear yard of 50 feet or two feet of setback for each one foot of height, whichever is greater, shall be provided when adjacent to residential districts.
(Zoning Ord., § 609.4)
Off-street parking and loading in the I-L district shall be provided as required in section 44-63.
(Zoning Ord., § 609.5)
The I-H Heavy Industrial District is designed to provide areas for manufacturing and other industrial activities which may produce moderately objectionable or substantial environmental influences or hazards in their operation and appearance.
(Zoning Ord., § 608.1)
The following uses are permitted in the I-H district:
(1)
Any of those uses permitted in the I-L district.
(2)
Moderate and heavy manufacturing and industry.
(3)
Automobile wrecking and junks, provided they are enclosed by a solid fence of not less than eight feet in height.
(Zoning Ord., § 608.2)
There is no minimum lot area in the I-H district.
(Zoning Ord., § 609.2)
Buildings located in the I-H district shall not cover more than 40 percent of the site on which they are located.
(Zoning Ord., § 609.3)
No structure shall be erected or maintained in the I-H district which has a front yard setback of less than 50 feet. A side yard or rear yard of 50 feet or two feet of setback for each one foot of height, whichever is greater, shall be provided when adjacent to residential districts.
(Zoning Ord., § 609.4)
Off-street parking and loading in the I-H district shall be provided as required in section 44-63.
(Zoning Ord., § 609.5)
The flood hazard district is intended to comprise those areas which are subject to periodic or occasional flooding during a 100 year frequency flood, which results in special hazards to life and property, in the disruption of commerce and governmental services, and poses a direct threat to the public health, safety, and general welfare. These regulations are designed to regulate and control uses within the flood hazard district, to protect human life and health, to minimize damage to public and private property, to minimize surface and groundwater in floodways and flood fringe areas which will impede runoff and contribute to flooding in other areas, and to protect natural scenic areas and provide for the conservation of natural resources.
(Zoning Ord., § 610.1)
The boundaries of the flood hazard district, which is composed of floodway and flood fringe areas, may cut across and overlay the boundaries of other zoning districts. The regulations applicable to the flood hazard district shall be interpreted as being in addition to the requirements of other district regulations, and wherever a conflict in requirements results, the regulations of the flood hazard district shall supersede all other regulations.
(Zoning Ord., § 610.2)
Within the F Flood Hazard District, the following uses are permitted:
(1)
Floodway areas. Property located in all floodways shall be used only for the following purposes; provided however, that no building or permanent structure is involved and the use in no way obstructs or otherwise adversely affects the capacity of the floodway:
a.
Agricultural uses including the growing of crops and the use of land for pasture and grazing where farm animals are otherwise permitted by the district provisions of this chapter or by the general ordinances of the city.
b.
Private and public recreational uses not otherwise prohibited, such as natural scenic areas, game farms, hiking and horseback riding trails and similar uses.
c.
Lawns, gardens and recreational areas which are accessory to residential uses.
(2)
Flood fringe areas. Property and buildings in flood fringe areas shall be used only for the following purposes; provided, however, that no building or structure or use of land is involved that causes displacement of the floodway, unless the capacity of the floodway is increased to compensate for the reduced capacity of the flood fringe:
a.
Any use permitted in the floodway that is not otherwise prohibited by other district provisions of this chapter or other city regulations.
b.
Storage of materials or equipment not adversely affected by flooding.
c.
Fill and other floodproofing measures.
d.
All other uses permitted in the district with which the flood hazard district has been combined when floodproofing and alternative improvements for flood fringe displacement of floodwater have been provided.
(Zoning Ord., § 610.3)
In order to carry out the intent of the requirements set forth in the flood hazard district, in addition to other administrative provisions required by this chapter, the following provisions shall apply:
(1)
Building or occupancy permit required. No use or improvement of any floodway or flood fringe area of any form shall be permitted without first obtaining a building and/or occupancy permit from the zoning administrator.
(2)
Additional information required. The zoning administrator may require the applicant to furnish any or all of the following information in determining the suitability of a particular site for a proposed use:
a.
Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of such to the location of the channel, floodway, and the flood protection elevation.
b.
A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high-water information.
c.
Plans, surface view, showing elevations or contours of the ground; pertinent structures, fill or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information.
d.
A profile showing the slope of the bottom of the channel or flow line of the stream.
e.
Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.
(Zoning Ord., § 610.5)