Durant City Zoning Code
SPECIAL CONDITIONS
§ 156.050 GENERAL.
This subchapter describes the special conditions under which certain uses are permitted in a zoning district when reference is made to one or more of the divisions in the special conditions column in the tables of permitted uses. Where special conditions are widely applicable, reference should be made to subsequent divisions.
(Prior Code, § 157.045) (Ord. 1040, passed 4-12-1983)
§ 156.051 HOME OCCUPATIONS.
Home occupations (defined in § 156.006 of this chapter), in those districts where permitted, are subject to all of the following conditions.
(A) In any dwelling unit, all home occupations, collectively, shall not occupy more than 25% of the gross floor area of one floor of the dwelling unit, nor more than 300 square feet of gross floor area, but these limitations shall not apply to foster family care.
(B) A home occupation shall not require internal or external alterations or involve construction features or the use of mechanical equipment not customary in dwellings.
(C) The entrance to the space devoted to a home occupation shall be from within the dwelling.
(D) There shall not be displayed or created outside the building or displayed by means of windows or openings in the structure any external evidence of the operation of the occupation, except for each street front of the zoning lot on which the building is located, one unanimated, non- illuminated, accessory identification sign not to exceed two square feet in area to be placed flat against a wall or door or displayed in a window.
(E) Power shall be limited to electric motors, with a total limitation of three horsepower per dwelling unit.
(F) The home occupation shall be conducted solely by resident occupants of the dwelling unit in which the occupation is conducted and shall not have any employees who do not reside in the dwelling unit.
(G) To permit a beauty shop, one operator chair, a petition shall be presented to the Planning Commission representing the approval of 75% of the property owners within 300 feet with mandatory approval of those abutting the property.
(Prior Code, § 157.046) (Ord. 1040, passed 4-12-1983)
§ 156.052 OFF-STREET PARKING REQUIREMENTS.
(A) In all zoning districts, in connection with every industrial, commercial, institutional, recreational, residential, or any other use, there shall be provided, at the time any building or structure is erected or enlarged or increased in capacity, or any other use is established, off-street parking spaces for automobiles in accordance with the requirements in the “parking spaces required” column in the table of permitted uses. Parking space used in connection with an existing and continuing use or building on the effective date of these regulations up to the number required by these regulations shall be continued and may not be counted as serving a new structure or addition; nor may a parking space be substituted for a loading space or a loading space substituted for a parking space.
(B) Off-street parking space may be a part of the required open space associated with the permitted use and shall not be reduced or encroached upon in any manner.
(C) The off-street parking lot shall be located within 200 feet, exclusive of street and alley widths, of the principal use and shall have direct access to a street or alley.
(D) Whenever two or more uses are located together in a common building, shopping center, or other integrated building complex, the parking requirements may be complied with by providing a permanent common parking facility, cooperatively established and operated, which contains the requisite number of spaces for each use. The total number of spaces provided shall not be less than the sum of the individual requirements.
(E) The size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than nine feet by 20 feet, plus adequate area for ingress and egress.
(F) Off-street parking and loading facilities shall be provided in all districts in accordance with figures shown in § 156.035 of this chapter and as shown below.
(1) Commercial establishments not otherwise classified: one parking space for each 150 square feet of floor space used for retail trade in the building and including all areas used by the public.
(2) Industrial establishments: one off-street parking space for each 1,000 square feet of gross floor area or one off-street parking space for each three employees, whichever is greater, and one loading or unloading berth for each 25,000 square feet or fraction thereof of gross floor area.
(G) All off-street parking areas, including parking and loading spaces, driveways and aisles, shall be surfaced with concrete, asphalt, or double bituminous asphalt in accordance with the Oklahoma State Department of Transportation specifications for materials and construction methods, and approved by the City Engineer or other designee appointed by the City Manager.
(1) Paving exemption. Storage of farm implements, industrial tractor/trailer parking not including dock parking, equipment, containers, or other similar products in Convenience Commercial District (C-1), Highway Commercial and Commercial Recreation District (C-2), General Commercial District (C-3), Central Business District (CBD), Light Industrial District (I-1), and Medium Industrial District (I-2) zones, as an accessory use to their sales, service, or rental, shall not be required to pave that portion of the lot devoted to storage as mentioned above. The business shall still meet number and quality of paved parking spaces, aisles, drives, loading dock, customer, and employee parking, as otherwise provided by ordinance. The provisions of this section will not apply to properties having General Agricultural District (A-1) zoning classification and specifically used for agricultural purposes, such as framing, dairying, pasturage, and the like.
(2) Nonconforming uses. Any commercial or industrial facility in existence before the date of approval of this chapter, which is in violation hereof, shall be deemed a nonconforming use. Such nonconforming uses shall not in any manner be enlarged, extended, altered, or rebuilt except that such use may be changed so as to comply with the provisions of this section. Existing nonconforming uses shall be permitted to continue in their present configuration and use unless such use is terminated for any reason whatsoever for a period of 30 days or more, thereafter such nonconforming use shall be permanently terminated or come into compliance.
(3) Compliance. The sealed surface of parking areas, loading space, driveways, and aisles will be completed at the time of a certificate of occupancy for the building. If the sealed surface is not completed upon occupancy, a plan for compliance is to be filed with the Community Development Department for administrative review and action.
(H) Whenever off-street parking lots for more than six vehicles are to be located within or adjacent to a residential district, the following provisions shall apply.
(1) No parking shall be permitted within a front yard setback line whenever the parking lot is located in a residential district or immediately abuts the front yard of a residential unit. In all other cases, a minimum five-foot setback shall be required.
(2) Driveways used for ingress and egress shall be confined to and shall not exceed 25 feet in width, exclusive of curb returns.
(3) All of the lot used for parking and driveway purposes shall be paved with a sealed surface pavement. Self-service storage facilities will have a sealed surface for the paved area in the front of the building line to the curb.
(4) Whenever lighting is provided, it shall be arranged so that all light is deflected from adjoining residential uses.
(5) No sign of any kind shall be erected except information signs used to guide traffic and to state the condition and terms of the use of the lots. Only nonintermittent white lighting of signs shall be permitted.
(I) The following off-street parking requirements shall be used when referenced in the “parking spaces required”
(1) Parking #1 - parking requirements for manufacturing and wholesaler land uses: four spaces per 1,000 square feet GFA devoted to office use, plus 0.5 spaces per 1,000 square feet GFA devoted to warehousing and storage use, or 1.2 spaces for every employee on maximum shift, whichever is greater;
(2) Parking #2 – parking requirements for restaurant land uses: one space for every three seats to be provided in areas allocated to table seating, plus two spaces for every three employees on the maximum shift, plus one space for every 12 square feet allocated to a queuing or waiting area (including enclosed vestibules, air lock areas between entry doors, areas allocated to food service waiting lines, and areas allocated to order taking and delivery), plus all applicable parking standards for areas of the establishment which are allocated to bar and drinking areas; and
(3) Parking #3 – parking requirements for drinking places: one space for every two seats provided in areas allocated to table seating, plus two spaces for every three employees on the maximum shift, plus one space for every four lineal feet of bar frontage, plus one space for every four lineal feet of bar rail applied along interior walls or columns, plus one space for every standing-type cocktail table, plus one space for every 12 square feet of open area where patrons may stand, plus one space for every 12 square feet allocated to a queuing or waiting area (including enclosed vestibules, air lock areas between entry doors, areas allocated to food service waiting lines, and areas allocated to order taking and delivery).
(J) Six stacking spaces shall be required for the first drive-in/through window and four stacking spaces for each additional window.
(Prior Code, § 157.047) (Ord. 1040, passed 4-12-1983; Ord. 1233, passed 9-10-1996; Ord. 1470, passed 9-13-2005; Ord. 1562, passed 8-14-2007)
§ 156.053 MODIFICATION OF WAIVER OF REQUIREMENTS.
The Board of Adjustment may authorize on appeal a modification, reduction, or waiver of the foregoing requirements only if it should find that in the particular case appealed, the peculiar nature of the residential, business, trade, industrial, or other use or the exceptional shape or size of the property or other exception situation or condition not generally applicable to other lots in the same district must justify such action.
(Prior Code, § 157.048) (Ord. 1040, passed 4-12-1983)
§ 156.054 STORAGE AND PARKING OF TRAILERS AND COMMERCIAL VEHICLES.
Commercial vehicles, motor homes, and trailers of all types 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.
(A) For each family living on the premises, no more than one commercial vehicle which exceeds one and one-half tons’ capacity shall be permitted to be parked outside of a totally inclosed structure. In no case shall a commercial vehicle used for hauling explosives, gasoline, or liquefied petroleum products be permitted.
(B) No more than one motor home, camping trailer or travel trailer, or hauling trailer per family living on the premises shall be permitted.
(C) No more than one hauling trailer per family living on the premises shall be permitted, and the hauling trailer shall not exceed 32 feet in length or nine feet in width.
(D) A motor home, camping trailer, or travel trailer shall not be used as a residence, except in a trailer court or other site authorized under the ordinances of the city.
(E) A motor home, camping trailer, travel trailer, or hauling trailer shall not be parked or stored in any residential district for more than 48 hours unless it is located behind the front yard building line.
(F) A mobile home shall be parked or stored only in a trailer space which is in conformity with the ordinances of the city.
(Prior Code, § 157.049) (Ord. 1040, passed 4-12-1983; Ord. 1224, passed 5-14-1996)
§ 156.055 MOBILE HOME PARK OR COURT.
Upon compliance with the provisions as set forth herein, a mobile home trailer park will be allowed within the R-4 District as defined in § 152.01 of this title.
(A) The applicant, upon making application for a zoning clearance permit, must submit a detailed site plan locating all mobile home stands, screening or fencing, and plans and specifications for the proposed park in a form suitable for making the determinations required herein.
(B) The proposed site shall be a minimum of 254 acres in size and shall contain no more than 15 mobile home stands per acre. The proposed site shall have a minimum frontage of 200 feet on a street designated as a major street or collector street in the city’s major street plan. All access or egress by automobile will be on such streets. The proposed site shall be a minimum of 200 feet in depth.
(C) It shall be the intention of the proposed plan for the mobile home park to accommodate primarily permanent occupants with no more than 10% of the mobile home stands devoted to purely transient purposes. These purely transient stands are to be located in one area of the park so they will in no way interfere with the permanent residents.
(D) The proposed site shall have a front yard of not less than 40 feet from the corner or line of any mobile home stand to the street boundary of the park. The site shall have side and rear yards of ten feet from any solid fencing, screen planting or wall of six feet in height.
(E) The proposed site shall be screened or buffered on all sides with a solid wall fence seven feet in height or a screen planting which will attain at least seven feet in height.
(F) The proposed site shall provide one off-street parking space for each mobile home stand, plus one additional off-street parking space for each four mobile home stands.
(G) The proposed site shall provide a connection for each mobile home stand to all public utilities considered necessary for the health, safety, and general welfare of the public.
(H) Individual mobile, modular, or manufactured homes or offices may be permitted in zones other than R-4 Zone by being issued a conditional use permit according to § 156.172 of this chapter, provided:
(1) If for residential purposes, only if related to another use which is the major activity on the parcel;
(2) If for nonresidential purposes, only for use directly related to the major activity on the parcel; and
(3) Such mobile home shall be enclosed with an approved fence or planted hedge, not less than seven feet in height with no openings to adjoining property other than the required entrances and exists to streets or public places.
(I) Municipal or other State Health Department approved water system capable of supplying fire hydrants installed in accordance with specifications of Oklahoma Inspection Bureau and the American Insurance Association. The proposed site shall have a public sewer system or other disposal system which has been approved for a requested number of units by the State Health Department. All mobile homes must be connected to a sanitary sewer system within 72 hours of arrival in the park. An individual electric service outlet shall be provided for each unit.
(J) The wheels or other transporting devices of any mobile home located in a mobile home park may be removed. Any mobile home located in a mobile home park for more than 72 hours shall be securely anchored to the ground so as to attain the same resistance to wind as a fixed residence of comparable size and park operators shall require tenants to skirt units so as to enclose the underneath area.
(K) Each space shall be provided with a concrete slab of sufficient size to support wheels and front parking jack of the mobile home unit parked on the space.
(L) The following shall be minimum dimensions for:
(1) One-way without parking: 12 feet;
(2) One-way with parking on one side: 21 feet;
(3) Two-way without parking: 22 feet; or
(4) Two-way with parking on one side: 30 feet.
(M) Mobile home parks shall be enclosed with an approved fence or planted hedge not less than seven feet in height with no openings to adjoining property other than the required entrances and exits to streets or public places, unless a finding is made by the Planning Commission that this is unnecessary due to the nature of the site.
(Prior Code, § 157.050) (Ord. 1040, passed 4-12-1983; Ord. 1722, passed 3-11-2014)
§ 156.056 SEWER SERVICE.
(A) No new structure in any district providing sanitary facilities shall be constructed, commenced, or inhabited which does not have a connection to the public sewer system when there is available a sewer line within 300 feet of the nearest property boundary on which the structure is to be located. When the public sewer becomes available (within 300 feet of the closest boundary), the owner of the property shall connect to the public sewer.
(B) The sewer for a new or remodeled building or structure shall be installed in accordance with the current International Plumbing Code, as amended from time to time, and other applicable rules and regulations of the city. If the structure is more than 300 feet from a public sewer system, a permit shall be obtained from the Oklahoma Department of Environmental Quality (ODEQ) authorizing the construction of a substitute disposal system.
(C) Water and sewer taps and connections will be performed by maintenance personnel of the Utilities Authority when water and/or sewer service is to be provided by the city. Fees for materials, plus labor and equipment costs for water and sewer taps and connections will be paid in advance.
(D) In the event of a public health hazard created by a non-functioning wastewater line or lift station, the city may take emergency action, without notice, to insure sanitary service is restored. The city may contract with a third party to remedy the hazard. The owner shall be responsible for reimbursement to the city for any costs associated with the emergency action. Failure of the responsible party to correct a public health hazard is subject to fines and or penalties as provided in § 10.99 of the code of ordinances.
(Prior Code, § 157.051) (Ord. 1040, passed 4-12-1983; Ord. 1459, passed 4-12-2005; Ord. 1479, passed 10-11-2005; Ord. 1621, passed 8-11-2009)
§ 156.057 BULK LIMITATIONS (FLOOR AREA RATIO).
In no instance shall the total floor space of the structures in the districts exceed the relationships as described in the following requirements:
(A) C-0 District: three to four, there must be provided four square feet of lot area to each three square feet of floor space in the structure; and
(B) C-1 District: one to two, there must be provided two square feet of lot area to each one square foot of floor space in the structure.
(Prior Code, § 157.052) (Ord. 1040, passed 4-12-1983)
§ 156.058 INDUSTRIAL DISTRICT STANDARDS.
(A) Any use constructed, established, altered, or enlarged in the I-1 Light Industrial District after the effective date of these regulations shall be so operated as to comply with the following standards.
(1) Any building used for residential purposes shall comply with restrictions set down in R-3.
(2) No noise from any operation conducted on the premises, other than that emanating from the vehicular traffic, either continuous or intermittent, shall be detectable at any boundary line of the I-1 District.
(3) No toxic matter, noxious matter, smoke, gas or odorous, or particulate matter shall be emitted that is detectable beyond the lot lines of the zoning lot on which the use is located.
(4) No vibrations shall be detectable beyond the lot lines of the zoning lot on which the use is located.
(5) Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residence district;.
(6) The manufacture of flammable materials which produce explosive vapors or gases is prohibited.
(7) Any operation that produces intense glare or heat shall be performed within a completely enclosed building, and exposed sources of light shall be screened so as not to be detectable beyond the lot lines.
(B) Any use constructed, established, altered, or enlarged in the I-2 Medium Industrial District after the effective date of these regulations shall be so operated as to comply with the following standards. No use already established on the effective date of these regulations shall be so altered or modified as to conflict with, or further conflict with, the applicable standards established hereinafter for the I-2 Medium Industrial District.
(1) Any building used for residential purposes shall comply with the restrictions set forth in R-3.
(2) Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residence district;.
(3) All manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing, and testing of goods, water, and merchandise shall be carried on in such a manner as not to be injurious or offensive by reason of the emission or creating of noise, vibration, smoke, dust, or other particulate matter, toxic or noxious matter, odorous, glare or heat, fire, or explosive hazards.
(4) No activities involving storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted.
(C) Permitted use in the I-2 Medium Industrial District shall include manufacturing, fabricating, assembling, repairing, storing and cleaning, servicing, or testing any of the following materials, goods or merchandise:
(1) Apparel;
(2) Beverages (nonalcoholic), processing and bottling;
(3) Building materials specialties;
(4) Clothing;
(5) Compounding and packaging of chemicals;
(6) Cosmetics and toiletries;
(7) Dairy products;
(8) Drugs and pharmaceutical products;
(9) Electrical and acoustic products and components;
(10) Food products (except fish, sauerkraut, vinegar, and yeast);
(11) Furniture;
(12) Glass products;
(13) Ice, dry and natural;
(14) Jewelry;
(15) Medical laboratory supplies, equipment, and specialties;
(16) Metal products and utensils;
(17) Musical instruments;
(18) Optical goods;
(19) Paper products, including boxes and containers;
(20) Radio, phonograph recorder, and television sets and parts;
(21) Textiles;
(22) Toys and children’s vehicles;
(23) Trailers and carts; and
(24) Wood products, including wooden boxes and containers.
(Prior Code, § 157.053) (Ord. 1040, passed 4-12-1983)
§ 156.059 FLOOD DISTRICT.
(A) The Flood District is shown on the (FIRM) flood insurance rate maps dated June 2, 2011. The exact configuration of this area is based on the best available information. It is recognized that the area may change as new information becomes available.
(B) The Flood District is a supplemental zoning district (sometimes called an overlay district) in that it is an additional zoning district applied to flood prone properties. All properties within the flood district will have a nonsupplemental zoning classification applied to them.
(C) The authorization of land uses must be reviewed by the Floodplain Manager on the basis of individual applications. Applications for use permits within the flood district must include documentation that shows:
(1) The proposed use will not be subject to flood damage caused by the regulatory flood; and
(2) The proposed use will not measurably increase flood heights or flood flows upstream or downstream of the proposed development.
(D) The above documentation shall be submitted to the Durant Community Development and certified by the City Floodplain Manager.
(Prior Code, § 157.054) (Ord. 1040, passed 4-12-1983; Ord. 1685, passed 8-14-2012)
§ 156.060 MISCELLANEOUS USES.
The following divisions set forth special provisions applying to certain miscellaneous uses in certain zoning districts.
(A) Animal hospital, pound, or shelter; commercial kennel for cats or dogs; livestock sales or feeding facilities; riding academy; public stable; veterinarian’s office with animals on the premises; shall be located in accordance with §§ 96.007 and 96.008 of this code if the location is within 200 feet of any property in an R-1, R-2, or R-3 District.
(B) Animal hospital, small animal treatment: the Planning Commission may approve the location of restricted small animal hospitals in the C-1 or C-2 Districts, provided the following conditions are met:
(1) These facilities shall not be permitted with 200 feet of residential districts;
(2) Plans and specifications for proposed facilities shall detail provisions for soundproofing, avoidance of odors, and satisfactory sanitary services. Plans shall be submitted to Planning Commission for review;
(3) Such facilities shall be restricted to treatment of common household pets; and
(4) Animals shall be kept on the premises only for purposes of medical treatment to the exclusion of boarding.
(C) Cemetery, columbarium, crematory, or mausoleum shall have its principal entrance or entrances on a major thoroughfare, with ingress and egress so designed as to minimize traffic congestion and shall provide a wall at last six feet high or an evergreen hedge at least six feet high and three feet thick, along all property lines except those adjacent to a street.
(D) Earth moving and excavation; depositing of construction materials on the ground shall be subject to regulations set forth in division (G) below.
(E) The storage of flammable liquids and gasses shall comply with the following code and standards of the National Fire Protection Association, as such code and standard may from time to time be revised:
(1) Code No. 30, with respect to flammable liquids; and
(2) Standard No. 58, with respect to liquified petroleum gas.
(F) Junk yard, including salvage and auto wrecking shall be permitted, provided that all exterior storage and processing areas are screened by solid walls or fences of such height and location as to prevent visibility of stored materials or of materials in process from any point eight feet above the ground on any thoroughfare or in any residential, commercial, I-1, or I-2 District, provided such point is not more than 300 feet distance from the nearest part of the fence.
(G) Mining, including extraction of clay, gravel, or sand; quarrying of rock or stone; earth moving and excavation; depositing of construction material, clay, earth gravel, minerals, rock, sand, or stone on the ground shall not be construed to be a permitted use in any district, except the I-1 District, except for the following defined extractions and deposits:
(1) Excavations for the foundation or basement of any building or for a swimming pool for which a building permit has been issued or deposits on the earth of any building or construction materials to be used in a structure for which building permit has been issued;
(2) Grading of any parcel of land for a permitted use where no bank is left standing and exposed of more than ten feet in vertical height or when less than 1,000 cubic yards of earth is removed from the premises;
(3) Grading in a subdivision which has been approved by the city in accordance with the city subdivision regulations and any amendments thereto; and
(4) Any extractive operation existing and operating as such on the effective date of this section; such operation shall conform with the provisions of these regulations within one year of the adoption of these regulations.
(H) (1) Place of public assembly, major, including arena, auditorium, coliseum, stadium, or theater with seating capacity of 1,000 or over and drive-in theater shall meet the following requirements:
(a) Have ingress and egress from a major thoroughfare or from a collector street not more than 300 feet distant (by shortest street route) from a major thoroughfare; and
(b) Have ingress and egress so designated as to minimize traffic congestion and hazards.
(2) A drive-in theatre shall be located not less than 200 feet from any residential district, and no projection screen thereof shall be so located as to be visible from any major thoroughfare within 1,000 feet thereof.
(I) Swimming pools:
(1) Any swimming pool in any district shall:
(a) Be located at least ten feet from the nearest property line, unless a greater separation is required elsewhere in these regulations;
(b) Be so walled or fenced as to prevent uncontrolled access by children from the street or any adjacent property;
(c) Be screened by a masonry wall or solid fence at least six feet high facing the property line of any property in a residential district, unless the pool is more than 30 feet distant from such line; and
(d) Require the issuance of a building permit.
(2) No swimming pool shall be permitted in any residential district unless such pool:
(a) Is owned and operated by a public agency or a residential group from within the area in which the pool is located;
(b) Is accessory to a residential use; or
(c) Is accessory to a nonresidential use which is permitted in such district.
(3) Except for a pool owned and operated by a public agency or a residential group from within the area in which the pool is to be operated, no pool shall be permitted in any residential district unless the pool is intended for the use of, and is used by, only the occupants of the principal use of the property on which it is located.
(J) Public utility and service uses, including electrical substations, gas regulator stations, gas, telegraph, telephone, and water transmission metering and distribution equipment and structures, water reservoirs or pumping stations, and other similar facilities, provided that such facilities shall be set back, landscaped, or screened from the side, rear, or front property line in such a manner as to be attractive and not offensive to abutting properties. This regulation shall not apply to electric, telegraph, or telephone transmission and distribution lines and poles which shall not be limited with respect to height or location and for which no permit shall be required under these regulations.
(K) Banquet, exhibition, meeting, and reception halls in those residential districts where permitted may be approved by the Planning Commission via a conditional use permit as provided by § 156.172 of this chapter and provided a petition representing approval of 75% of the property owners within 300 feet with mandatory approval of those abutting the property is received. The following conditions must be satisfactorily addressed:
(1) Noise should be contained to within the building and outdoor noise should not exceed the noise levels normally associated with the area;
(2) Hours of operation should be limited as to prevent the disturbance of surrounding residential properties;
(3) The lot and all structures should be kept in compliance with all applicable city codes and regulations, and the lot should be free of all trash and debris within 12 hours after the conclusion of any event;
(4) Parking and egress/ingress should be addressed in a manner that mitigates the impact of vehicular and pedestrian traffic on surrounding properties, including provisions for adequate parking as provided for in § 156.034 of this chapter;
(5) The structure and lot must meet all applicable zoning district regulations, as provided for in § 156.031 of this chapter prior to approval of the Planning Commission;
(6) The structure must meet all applicable building and fire codes; and
(7) The maximum occupancy allowable will be 50 persons, not to exceed applicable building and fire codes.
(Prior Code, § 157.055) (Ord. 1040, passed 4-12-1983; Ord. 1508, passed 7-11-2006; Ord. 1543, passed 3-13-2007)
§ 156.061 FIRE ZONE.
The boundaries of the fire zone shall be coterminous with the commercial and industrial zoning districts. The fire zone provisions of the BOCA Basic Building Code, 2000 Edition, shall apply to all construction in districts classified as C-0, C-1, C-2, C-3, I-1, and I-2.
(Prior Code, § 157.056) (Ord. 1040, passed 4-12-1983)
§ 156.062 OIL AND GAS WELLS AND ASSOCIATED FACILITIES.
(A) Except in use areas designated on the oil and gas zones map, as prescribed in § 113.020 of this code of ordinances, for oil and gas activities, it is unlawful to erect, construct, or place any rig or drilling apparatus within the boundaries of the city for the purposes of drilling, mining, exploring, or producing oil or gas or distillates.
(B) In lieu of a conditional use permit, an oil and gas permit shall be required as prescribed in Chapter 113.
(Prior Code, § 157.057) (Ord. 1583, passed 1-8-2008)
§ 156.063 SCREENING REQUIREMENTS.
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL OR INDUSTRIAL FACILITY.
(a) A structure or facility which is zoned as or located within an R-3, R-4, C-0, C-1, C-2, C-3, H-1, H-2, I-1, or I-2 Zoning District shall be considered a COMMERCIAL OR INDUSTRIAL FACILITY unless otherwise provided in this section.
(b) Electric, cable television, or telephone poles, pedestals, or overhead lines, natural gas regulators or meters, sanitary sewer manholes, lift stations, water fire hydrants, water towers, standpipes, and other similar public utility structures or equipment shall not be considered a COMMERCIAL OR INDUSTRIAL FACILITY.
(B) Screening requirements. A solid and opaque fence or wall screening shall provide visual separation of the zoning districts throughout the year as described below.
(1) The rear and sides of any commercial or industrial facility shall be screened from any adjoining R-1 or R-2 zoned property.
(2) The rear of complexes or facilities zoned as C-1, C-2, C-3, I-1, or I-2 which are separated from any residentially zoned property (R-1, R-2, R-3, or R-4) by only an alley or easement shall be considered as abutting or adjoining the residential property.
(3) The sides of complexes or facilities zoned as C-1, C-2, C-3, I-1, or I-2 which are separated by only an alley or easement shall be considered as abutting or adjoining residential property.
(4) The rear or sides of complexes or facilities zoned as R-3, R-4, C-0, H-1, or H-2 shall be considered as abutting only when adjoining or abutting R-1 or R-2 zoned property.
(5) Said screening fences or walls shall be maintained in a neat, sturdy, and safe condition without advertising thereon.
(6) Any commercial or industrial facility in existence before March 12, 1996 which is in violation hereof shall be deemed a nonconforming use. Such nonconforming uses shall not in any manner be enlarged, extended, altered, or rebuilt except that such uses may be changed so as to comply with the provisions of this section. Existing nonconforming uses shall be permitted to continue in their present configuration and use unless such use is terminated for any reason whatsoever for a period of 30 days or more, thereafter such nonconforming use shall be permanently terminated or come into compliance.
(C) Specifications.
(1) The screening structure shall be constructed with customarily used fencing materials (including plastic, polyurethane, or fiberglass), and shall be designed and arranged to provide visual separation of uses and sound reduction.
(2) The screening structure shall not be less than eight feet in height.
(3) The screening structure shall be constructed with all braces and supports on the interior of the property of the use required to be screened, except when both sides are of the same design and appearance.
(4) The screen structure shall be erected and approved by the Community Development Director or his or her designee prior to the occupancy of the building or initiation of the use required to be screened.
(5) The screen structure shall be uniform in height, except for significant changes in topography, and shall be designed to conform to the same standards as adjoining screening fence, where appropriate.
(6) The screen structure shall have a consistency of design.
(7) The screen structure shall, if painted, be earth-tone in color when abutting a R-1, R-2, R-3, or R-4 District.
(8) The screen structure shall not be chain link fencing which utilizes inserts of metal or other materials.
(D) Maintenance of screening wall or fence. The screening wall or fence shall be maintained by the owner of the property containing the use requiring the screening. Failure to maintain the screening, after a 30-day notice by the Community Development Director to correct such deficiency, shall constitute an offense as stated in § 150.999 of this title.
(E) Modification of the screening wall, fence, or alternative. The Municipal Planning Commission may recommend any of the following to the City Council, as a special exception:
(1) Modification or removal of the screening where existing physical features provide visual separation of uses and sound reduction;
(2) Grant an extension of time to erect a screen where properties which are to be benefitted by the screen are undeveloped; and/or
(3) Removal of the screening requirement where the purposes of the screening requirement cannot be achieved, or are prohibited by other ordinances and/or regulations.
(Prior Code, § 157.058) (Ord. 1219, passed 3-12-1996; Ord. 1378, passed 8-13-2002; Ord. 1872, passed 12-11-2018)
§ 156.064 CARPORTS.
(A) Definition. For the purposes of this section, the following definition shall apply.
CARPORT. A roof extension or separate roof supported only by freestanding columns; an unimproved structure with no plumbing or electricity; constructed and maintained in such a manner as to allow full visibility through the structure from any side, with no partially or fully opaque wall.
(B) Erection of a carport. In residentially zoned districts, where there exist no deed restrictions or restrictive covenants to the contrary, the erection of a carport shall be permissible outside the building setback lines provided that:
(1) The erection of the structure does not present a nuisance;
(2) No portion of the structure extends into, over, under, or beyond a roadway, utility, drainage, or other designated easement;
(3) No portion of the structure extends into, over, under, or beyond a sight triangle as described in § 156.156 of this chapter;
(4) No individual support column shall exceed a size of six inches wide by six inches deep;
(5) No carport constructed outside of the building setback lines shall exceed 24 feet in width by 24 feet in depth;
(6) No two support columns shall be spaced closer than four feet apart;
(7) No portion of the structure shall encroach, in any manner, upon the building setback requirements from any residentially zoned property immediately abutting the property on which the carport structure is to be erected;
(8) No portion of the roof shall extend below nine feet in height; or
(9) All sides of the structure shall remain open and unobstructed so as to allow a clear line of sight into, through, and beyond the structure when no vehicle is parked under the roof.
(C) Carport to be maintained. Any carport constructed outside or beyond the building setback requirements shall be maintained, as in all other areas, in a safe and sanitary condition and shall be used only as a parking space for motor vehicles maintained in a fully assembled, operable, and legally registered condition so as to not present a nuisance.
(Prior Code, § 157.059) (Ord. 1257, passed 12-9-1997)
§ 156.065 METAL BUILDINGS AND BUILDING FACADES IN ALL COMMERCIAL, RESIDENTIAL, AND HEALTH FACILITIES DISTRICTS.
(A) Purpose. The architectural design guidelines of this section are intended to preserve historical, cultural, and architectural character and development patterns compatible with new construction and major modifications in order to respect the original architectural character and development patterns within the city.
(B) Applicable zones. Facade treatments for metal buildings will be required for properties zoned all Commercial Districts (C-0, C-1, C-2, C-3, and CBD), all Residential Districts (R-1, R-2, R-3, and R-4), and Health Facilities District (H-1). The provisions of this section will not apply to properties zoned General Agricultural District (A-1) and Industrial Districts I-1 and I-2.
(C) Facade treatments.
(1) Facade treatment will be on all facades visible from the street but not to include the rear of the structure.
(2) The facade treatment shall cover 100% of the front exterior facing the street, or on a corner lot, the front and side facing the street.
(3) The sides will have 25% of the area improved with facade treatment floor (bottom) to deck (top), and shall be constructed using the recommended and acceptable materials listed below in division (D)(3) below excluding the window areas.
(D) Facade design. All visible building facades shall conform to the following design criteria.
(1) Windows and glazing. All facades visible from the street must contain glazed glass windows. Windows shall be recessed and include visually obvious sills. Columns and mullions shall form spaces between windows or material found elsewhere on the facade. Clear window glass is recommended; green, blue, bronze, or smoke tints are permitted. Window shapes shall be rectangular, square, or Palladian (mostly rectangular with semi-circular top). Glazing shall comply with Chapter 24 of the 2003 International Building Code or the latest version thereof. The maximum permitted reflectance of glass used as a facade material varies depending upon where the glass is used. The reflectance of glass used on the first two stories may not exceed 15%. The reflectance of glass used above the first two stories may not exceed 27%.
(2) Building materials. Building materials must be consistent with the surrounding neighborhood character, as determined by the Community Development Director or his or her designee. Building materials on the front facade, or any facade visible from a public right-of-way, must be primarily of natural materials conveying permanence, as determined by the Community Development Director or his or her designee.
(3) Recommended and acceptable materials. Brick, stone, wood siding, concrete slab (poured-in-place, tilt-up construction). Split face, scored, or ground face block, or brick veneer, vinyl siding, beveled wood siding (lap, board and batter, shake), stucco, and exterior insulation finish systems (EIFS).
(4) Disallowed materials. Metal siding (standing seam panels, aluminum siding, “R” panels), mirrored or reflective glass.
(E) Architectural features. These architectural design guidelines are intended to preserve the architectural character while encouraging adaptive reuse of existing buildings, and allowing for compatible new construction and major modifications. Building facades shall contain architectural features, details, and ornaments that are consistent with predominating architectural styles found within the district, such as: arches; roof cornices; contrasting bases; contrasting masonry courses, water tables, or molding; pilasters or columns; corbeling; contrasting bands or color; stone or ceramic accent tiles; colonnades; or porches. Elements such as wall clocks, decorative light fixtures, and door or window canopies are recommended. Architectural features will be consistent with the residential neighborhood or the business area.
(F) Compliance. If there is a question as to interpretation of any provision of this section, a written request can be filed with the Community Development Department for administrative review and action. A review can be submitted to the Planning Commission and that decision may be appealed to the Board of Adjustment.
(Prior Code, § 157.060) (Ord. 1473, passed 9-13-2005; Ord. 1871, passed 12-11-2018)
§ 156.066 LANDSCAPING REQUIRED.
(A) Landscaping defined. Landscaping shall include any or a combination of the following trees, ornamental shrubs, earthen berms, flowers, ground cover, plant materials, sod, mulch, grass, decorative rock, or bark.
Trees Recommended for the Durant Area | ||||||
Common Name | Botanical Name | Evergreen/ Deciduous | Height/ Width | Soil | Water | Exposure |
Trees Recommended for the Durant Area | ||||||
Common Name | Botanical Name | Evergreen/ Deciduous | Height/ Width | Soil | Water | Exposure |
Small Trees | ||||||
Amur Maple | Acer ginnala | D | 20' x 15' | MC, PD | L | S, PSH |
Callery Pear | Pyrus calleryana | D | 25' x 35' | MD | M | S |
Crepe Myrtle | Lagerstoremia indica | D | 15' x 10' | MD | L | S, PSH |
Flowering Dogwood | Cornus flordia | D | 25' x 25' | MD | M | PSH |
Holly, Possumhaw | Ilex decidua | D | 15' x 10' | PD | MM | S, PSH |
Purpleleaf Plum | Prunus cerasifera | D | 20' x 10' | MD | M | S |
Redbud* | Cercix canadensis | D | 20' x 15' | MD | L | S, PSH |
Saucer Magnolia | Magnolia soulangiana | D | 20' x 10' | WD | M | PSH |
Shantung Maple | Acer truncatum | D | 25' x 25' | MD | M | S, PSH |
Smoke Tree | Cotinus eoggyria | D | 15' x 10' | MD | L | S |
*Official state tree of Oklahoma | ||||||
Medium Trees | ||||||
Ash, Green | Fraxinus Pennsylvanica | D | 60' x 40' | MD | M | S |
Bald Cypress | Taxodium distichum | D | 60' x 30' | MD, PD | L | S |
Black Gum | Nyssa sylvatica | D | 50' x 30' | MD | M | S |
Caddo Sugar Maple | Acer saccharum | D | 50' x 40' | MD | L | S |
Chinese Pistachio | Pistacia chinensis | D | 40' x 30' | MD | L | S |
Honeylocust (thornless) | Gleditsiatriacathos | D | 50' x 30' | MD | M | S |
Kentucky Coffee Tree, Male | Gymnocladous dioica | D | 50' x 30' | MD | M | S |
Lacebark Elm | Ulmusparvifolia | D | 50' x 35' | MD, PD | L | S, PSH |
Loblolly Pine | Pinus taeda | D | 50' x 20' | MD | M | S |
Sassafrass | Sassafras albidum | D | 40' x 30' | MD | M | S |
Southern Magnolia | Magnolia grandiflora | E | 50' x 35' | MD | M | S, PSH |
Large Trees | ||||||
Burr Oak | Quercus macrocarpa | D | 70' x 70' | MD | M | S |
Gingk | Gingko bilboa | D | 80' x 60' | MD, WD | M | S |
Live Oak | Quercus virdiniana | E | 40' x 70' | MD, WD | M, L | S |
Pecan | Carya illinoensis | D | 80' x 40' | MD | L | S |
Shumard Red Oak | Quercus shumardii | D | 80' x 50' | MD | L | S |
Sweet Gum | Liquidambar styraciflua | D | 80' x 50' | MD | L | S |
Water Oak | Quercus nigra | D | 70' x 80' | MD | M | S |
Key:
Soil: MD =Moderately drained PD = Tolerates poor drainage WD = Well-drained Water: L = Low M = Moderate Exposure: S = Sun PSH = Part shade | ||||||
Undesirable Trees for Planting:
Russian Olive Fruitless Mulberry Silver Maple Non-native Pines Poplar Bradford Pear Tree of Heaven | ||||||
(B) Landscaping. All new construction will have landscaping adjacent to the frontage of building on any street or public right-of-way in commercially and residentially zoned properties. The landscaping will be at least 5% of the total gross area of the lot. A drawing and/or description of the landscaping will be submitted with the site plan or building permit.
(C) Landscape dumpsters. Trash dumpsters on commercial property subject to public view will be screened by buildings, fences, walls, berms, or landscape buffers.
(D) Clear sight triangle. Landscaping shall not be obstructing traffic visibility at street intersections or at access points to streets.
(Prior Code, § 157.061) (Ord. 1490, passed 1-10-2006)
§ 156.067 TATTOO, BODY PIERCING, AND BODY PAINTING STUDIOS.
(A) Tattoo, body piercing, and body painting studios in those zoning districts where permitted may be approved by the Planning Commission via a conditional use permit as provided by § 156.172 of this chapter. The following additional conditions must be satisfactorily addressed:
(2) The building housing a tattoo, body piercing, or body painting studio shall be located at least 500 feet from the following uses: places of worship, public or private elementary or secondary school, park, or playground;
(3) A tattoo, body piercing, or body painting studio shall not conduct any non-clerical or reception activity in any manner that is visible from any public right-of-way. This provision shall apply to any display, decoration, or show window;
(4) Light and noise should be contained to within the building, and outdoor light beyond that needed to provide ample security lighting and noise should not exceed the light and noise levels normally associated with the area;
(5) The building facade must be designated and maintained to blend with the architectural character of the surrounding structures and/or district; and
(6) The structure and lot must meet all applicable zoning district regulations, as provided for in § 156.034 of this chapter prior to the approval of the Planning Commission.
(B) A conditional use permit for a tattoo, body piercing, or body painting studio shall be valid for one year.
(C) The premises of a tattoo, body piercing, or body painting studio shall have signs posted in at least two prominent locations, with black letters at least one-inch high on a white background, which shall read as follows:
“No person under the age of 18 shall be permitted on these premises unless accompanied by a parent or legal guardian.”
(Prior Code, § 157.062) (Ord. 1522, passed 10-10-2006; Ord. 1829, passed 7-11-2017)
§ 156.068 SHARED PARKING REDUCTION PILOT STUDY.
Beginning February 1, 2007, any new commercial development abutting tribal trust lands may petition the Planning Commission to participate in the shared parking reduction pilot study to be conducted by the Department of Community Development. Petitions to participate will not be accepted after February 10, 2010.
(A) A fee, in addition to those fees charged for petitions to the Planning Commission, shall be established by the City Council by motion or resolution based on the number of parking spaces reduced to reasonably cover the city’s expenses for the conduct of the study.
(B) Participation in the study shall not last more than two years from after the issuance of a certificate of occupancy.
(C) The Planning Commission may waive the overall required minimum parking requirements during the duration of the study. A letter from the highest elected official of the tribe abutting the proposed development must accompany the petition.
(D) During the duration of the study, ample land must be preserved on the site of the development for future parking to meet the minimum parking requirements of the Zoning Code. The minimum parking requirements for the disabled and the minimum loading zone requirements shall not be reduced as a result of participation in the study.
(E) A surety bond covering 110% of the cost to construct such parking must be filed with the office of the City Clerk for the duration of the study plus 12 months.
(F) If after two years, it is determined participation in the study did not result in a shortage of parking and did not negatively impact access and other operational characteristics of the said development and surrounding development, the Planning Commission may permanently waive the minimum parking requirements. Upon such finding, the preservation of land on-site for future parking will be waived and the surety bond released.
(G) If the Planning Commission does not waive the minimum parking requirements or participation in the study is revoked, the additional parking must be constructed within six months to meet the minimum parking standards as required by the Zoning Code. The surety bond will not be released until the additional parking is constructed.
(H) The owner of the development participating in the study shall work with the Department of Community Development, collecting and providing the Department necessary data for the conduct of the study.
(I) The City Council may revoke participation in the study with or without cause. A 20-day notification is required prior to such action.
(Prior Code, § 157.063) (Ord. 1529, passed 12-12-2006)
§ 156.069 WORSHIP FACILITIES.
(A) The facilities shall be located on a parcel with a minimum net lot area of one acre if on sanitary sewer unless located in the Central Business District (CBD) or in a multi-tenant building, provided such multi-tenant building is in compliance with the zoning district regulations as defined in § 156.035 of this chapter.
(B) Steeples, bell towers, minarets, spires, and comparable structures associated with a particular religious organization shall not be prohibited by the zoning district regulations as defined in § 156.035 of this chapter provided:
(1) The identified structure is a structurally attached part of the primary building;
(2) The identified structure is not habitably higher than the permitted zoning height requirement for the rest of the structure;
(3) The identified structure is of the type commonly associated with the call to worship or the identity of the congregation;
(4) The identified structure contains no symbols or words or similar items on its outer surface that are not associated with worship; and
(5) The construction plans for the identified structure shall be structurally engineered and the plans signed and sealed by a licensed structural engineer.
(C) A traffic impact study, to be paid for by the applicant, shall be required when the seating capacity is 1,000 or greater, along with a traffic mitigation plan at minimum the following requirements:
(1) Have ingress and egress from a major thoroughfare or from a collector street not more than 300 feet distant (by shortest route) from a major thoroughfare; and
(2) Have ingress and egress so designated as to minimize traffic congestion and hazards.
(Prior Code, § 157.064) (Ord. 1509, passed 7-11-2006)
§ 156.070 CHILD CARE CENTERS AND FAMILY CHILD CARE HOMES.
(A) Child care centers shall be on a site of at least 10,000 square feet and shall maintain a solid wall or fence at least six feet high between any play area and any other property in a residential district.
(B) Family child care homes shall be on a site of at least 6,000 square feet, any outdoor play area shall be enclosed by a wall or fence at least four feet high, and shall be separated by a wall or fence at least six feet high between any outdoor play area and any other property in a non-agricultural or non-residential district.
(C) Family child care homes shall be accessible from the ground floor of a dwelling and shall not be allowed to operate in a structure housing three or more residential dwellings.
(Prior Code, § 157.065) (Ord. 1543, passed 3-13-2007)
§ 156.071 HOTELS AND MOTELS.
(A) The Director of Community Development may reduce the amount of additional parking required due to accessory uses by 50% if such accessory uses are intended to primarily serve the occupants of the hotel/motel.
(B) Hotels and motels may exceed the maximum height requirements in the C-2 Highway Commercial and Commercial Recreation District provided all other district requirements are met. Airport zoning height requirements still apply.
(Prior Code, § 157.066) (Ord. 1545, passed 3-13-2007)
§ 156.072 DUPLEX, TWO-FAMILY, AND MULTI-FAMILY DWELLINGS.
(A) Duplex and two-family dwellings shall be limited to one non-accessory structure per lot in the R-2 and R-3 Districts.
(B) The splitting of a lot for the purpose of combining a part of said lot with another lot to meet the minimum district requirements for a duplex or two-family dwelling is prohibited. A replat of the lots will be required in accordance with the subdivision regulations of the city. This division (B) shall not apply to any lots that were split and combined with another lot prior to January 1, 2008 that meet the minimum district regulations.
(Prior Code, § 157.067) (Ord. 1574, passed 11-13-2007; Ord. 1608, passed 12-9-2008)
§ 156.073 RECREATIONAL VEHICLE PARKS.
(A) Application. The regulations set forth in this section apply in all zoning districts except for Lake Durant and other city-owned or operated recreation facilities.
(B) Intent. This section is intended to:
(1) Provide adequate sites for temporary parking of recreational vehicles whose occupants are visiting or passing through the area of the city;
(2) Minimize the adverse impacts between a recreational vehicle park and surrounding land uses; and
(3) Provide health and safety standards to protect both the users of the park and the community.
(C) Permitted uses. Recreational vehicle parks and accessory uses limited to a permanent residence for the manager, vending machines, and recreational facilities for the exclusive use of the park occupants.
(D) Occupancy. Occupancy of each site is limited to one recreational vehicle and one automobile or truck, accommodating one camping party. The length of stay is limited to a maximum of 30 days in any 12-month period.
(E) Restrictions. No buildings or storage sheds are permitted on the recreational vehicle sites.
(F) Recreational vehicle park design standards. The following standards shall apply unless the standards of that particular district are more restrictive:
(1) Minimum lot size: three acres;
(2) Minimum lot width: 100 feet;
(3) Minimum setbacks:
(a) Front yard: 20 feet;
(b) Street side yard: 20 feet;
(c) Interior side yard: ten feet; and
(d) Interior yard adjacent to any residential district: 30 feet including five feet of landscaping adjacent to property line and a 25-foot drive.
(4) Landscaping.
(a) Front and street side yards; and
(b) Five-foot strip adjacent to any residential district to be planted with trees of a species which will form a screen.
(5) Fences: a six-foot high solid fence or Planning Commission-approved alternative is required on all interior property lines;
(6) Parking: one visitor parking space shall be provided for every five recreational vehicle sites or fraction thereof;
(7) Facilities:
(a) Recreation. A recreation area of at least 5,000 square feet shall be provided in addition to the required landscaping. Recreation equipment, such as a pool, playground, and picnic tables, and a service building, including toilets, showers, and laundry, can be located within the recreation area.
(b) Sanitation.
1. A minimum of one toilet and one lavatory for each sex shall be provided for the exclusive use of the park occupants. An additional toilet and lavatory for each sex shall be provided for each 15 sites or fraction thereof which is not provided with a water connection and a three-inch drain inlet for connection to a vehicle equipped with a toilet.
2. A minimum of one shower for each sex and one washer and dryer is required.
3. Trailer sanitation stations designed to receive the discharge of sewage holding tanks for self-contained vehicles shall be installed in an accessible location in every recreational vehicle park in which there are sites not provided with drain inlets designed to receive the discharge of toilets. Trailer sanitation stations shall be provided on the basis of one station for each 100 such sites or fraction thereof.
(c) Trash containers. Trash containers shall be located within 300 feet of every recreational vehicle site and enclosed with a solid wood or masonry fence six feet in height.
(d) Storm shelter. A storm shelter must be provided.
(8) Paving. All areas used for access, parking, or circulation shall be permanently paved according to street construction standards found in § 97.045 of this code of ordinances; and
(9) Access. Each recreational vehicle park shall be designed so that access to public roads is provided to the satisfaction of the Public Works Director, Community Development Director, and Fire Chief.
(G) Recreational vehicle site design standards.
(1) Minimum size. Minimum site size: 1,200 square feet.
(2) Separation. Recreational vehicle parking pads shall be located to maintain a ten-foot separation between recreational vehicles.
(3) Landscaping. At least 10% of each site shall be landscaped and shall include a tree.
(4) Parking. Each site shall include a parking space for one automobile.
(5) Access. Each site shall have direct access to a paved driveway.
(H) Common storm shelter. Any recreational vehicle park containing ten or more recreational vehicle sites must have a common storm shelter. Such storm shelter shall have sufficient capacity to hold every occupant of the recreational vehicle park. The interior height shall be at least eight feet tall and there shall be a floor space of at least seven square feet per occupant. The common storm shelter must remain clean and sanitary at all times. The common storm shelter must remain available for ready access by occupants of the recreational vehicle park during periods of severe or threatening weather (as established by the National Weather Center or the Durant/Bryan County Civil Emergency Management). This may be accomplished either by leaving the shelter unlocked at all times or by ensuring that one or more designated shelter key holders are on the property at all times. The common storm shelter may serve a dual use as a common recreation, laundry, or other approved area as long as the required open floor space is maintained for shelter purposes.
(I) Emergency warning siren. Each recreational vehicle park shall be located no further than one mile from an emergency warning siren with an output of 120 dB at a distance of 100 feet on-axis. If no such warning siren is within the prescribed distance, then it shall be the responsibility of the owner(s) of the recreational vehicle park to install an emergency warning siren to the specifications required by the Emergency Management Director. At a minimum, the siren shall be mounted on a 40-foot tall pole and have a 120 dB output at a distance of 100 feet on-axis. The siren must be connected to the city’s emergency warning system under the direction of the Emergency Management Director or his or her designee. The surrounding terrain and population densities may require a variation in this minimum standard as determined by the Emergency Management Director. The prescribed warning siren must be fully installed and fully operable to the satisfaction of the Emergency Management Director prior to any occupation of a new recreational vehicle park.
(Prior Code, § 157.068) (Ord. 1585, passed 1-8-2008)
§ 156.074 AGRICULTURAL LANDS EXEMPT FROM CERTAIN DEVELOPMENT REGULATIONS.
Pursuant to 11 O.S. § 21-103, parcels of land five acres or more used for agricultural purposes shall be exempt from ordinances restricting land use and building construction to the extent such land use or construction is related to agricultural purposes. Where there is no residence within 50 feet of the boundaries of such a parcel of land, the property shall not be subject to ordinances regulating conduct that would not be an offense under state law; provided, that any such property that discharges into the municipal water, wastewater, or sewer system shall be subject to any ordinances or regulations related to compliance with environmental standards for that system.
(Prior Code, § 157.069) (Ord. 1605, passed 9-9-2008)