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Edmond City Zoning Code

APPENDIX C

- REGULATIONS FOR REPEALED DISTRICTS

The following regulations from the City of Edmond's previous zoning ordinance adopted November 29, 1972 and repealed February 1, 2007 shall apply to properties within the repealed zoning districts listed in subsection 22.4.1(F). The following regulations shall have no effect on Chapters 1 through 9 of the zoning ordinance adopted on February 1, 2007 and are included solely as a convenience for property owners in a repealed district.

"R-3" PRIVATE STREET DWELLING DISTRICT[2]


Footnotes:
--- (2) ---

Editor's note—Ord. 2237, adopted November 1995, amended the Code by adding provisions designated as ch. 22.06A, which duplicated section numbers in the Code. Former ch. 22.06A, "R-3" Private Street Dwelling District, has been renumbered to ch. 22.06B, at the discretion of the editor.


"D-2" NEIGHBORHOOD COMMERCIAL DISTRICT

Chapter 22.14 of the Edmond Municipal Code is hereby repealed as of May 7, 1984, provided properties zoned "D-2" Neighborhood Commercial District as of that date shall remain so zoned and shall continue to be governed by the provisions of the "D-2" Neighborhood Commercial District classification; provided further, that any such property for which no building permit has been issued prior to May 7, 1984 shall be required to comply with commercial site plan review provisions stated in Chapter 22.29B.


"L-3" LAKE COMMERCIAL DISTRICT

Chapter 22.24 of the Edmond Municipal Code is hereby repealed as of the effective date of this Ordinance (December 4, 1986). Provided properties zoned "L-3" Lake Commercial District as of the effective date hereof shall remain so zoned and shall continue to be governed by the provisions of the "L-3" Lake Commercial District classification as to Uses Permitted and Area Regulations; provided further, that any such property for which no building permit has been issued prior to the effective date hereof shall be required to comply with commercial site plan review provisions stated in Chapter 22.29C Lake Commercial Site Plan Review.


"L-4" GENERAL LAKE COMMERCIAL DISTRICT

Chapter 22.25 of the Edmond Municipal Code is hereby repealed as of the effective date of this Ordinance (December 4, 1986). Provided properties zoned "L-4" General Lake Commercial District as of the effective date hereof shall remain so zoned and shall continue to be governed by the provisions of the "L-4" General Lake Commercial District classification as to Uses Permitted and Area Regulations; provided further, that any such property for which no building permit has been issued prior to the effective date hereof shall be required to comply with commercial site plan review provisions stated in Chapter 22.29C Lake Commercial Site Plan Review.


22.06.010 - General Description.

This is a restrictive residential district for developments with larger home sites and related recreational, religious, and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. Larger lot sizes provide light, air, and open space. Special attention should be given to overall design and protection of the area from intensifying zoning once the District has been established.

22.06.020 - Uses Permitted.

Property and buildings in the "R-2" Urban Estate Dwelling District shall be used only for the following purposes:

(1)

Detached single family dwelling

(2)

Church

(3)

Public school, elementary or high, or an educational institution having a curriculum the same as ordinarily given in public schools, and having no rooms regularly used for housing and sleeping.

(4)

The keeping of horses, provided that such horses shall be kept in a manner consistent with the ordinances of the City of Edmond.

22.06.030 - Special Permit Uses.

The following uses may be permitted in addition to those Special Permits provided for in any Zoning District stated in Chapter 22.30:

(1)

Golf Club

(2)

Plant nursery in which no building or structure is maintained in connection therewith.

22.06.040 - Area Regulations.

(1)

Front Yard:

(a)

The minimum depth of the front yard shall be thirty-five feet (35′).

(b)

When a lot has double frontage the front yard requirements shall be applied on both streets.

(2)

Side Yards:

(a)

The minimum side yard shall be twenty feet (20′).

(b)

On any corner lot a building shall set back from the street line a distance of at least twenty-five feet (25′).

(3)

Rear Yard:

There shall be a rear yard having a depth of at least thirty feet (30′), provided that unattached one (1) story buildings of accessory use shall be set back at least twenty-five feet (25′) from the utility easement, alley, or rear lot line.

(4)

Lot Width:

There shall be a minimum lot width of one hundred feet (100′) at the building line, and such lot shall abut a street for a distance of not less than sixty feet (60′), provided that on a cul-de-sac turn around this may be reduced to fifty feet (50′).

(5)

Intensity of Use:

There shall be a lot area of not less than forty thousand (40,000) square feet, except where a lot or parcel has less area than herein required and all the boundary lines of that lot touch lands under other ownership on the effective date of this Ordinance that lot may be used for any of the uses permitted by this Chapter but may not be split or divided into smaller lots or parcels; provided, however, that the lot size may be reduced to twenty thousand (20,000) square feet in those areas where the rear twenty thousand (20,000) square feet portion of the lot is being dedicated to a Homeowner's Association or to the public for park and drainage purposes, and further provided that such dedications are approved and accepted by the City Council.

(6)

Height Regulations:

No structure shall exceed two and one-half (2½) stories or thirty-five feet (35′) in height except as provided elsewhere.

22.06.050 - Special District Provisions.

None

22.06B.010 - General Description.

This district is intended to recognize the location of those subdivisions or developments which qualify for exemption from certain City requirements under State Law provisions and to distinguish them from other private street developments. These subdivisions will be separated from the developed urban area and will provide a restrictive residential district for developments with larger home sites and related facilities.

22.06B.020 - Uses Permitted.

Property and buildings in an "R-3" Private Street Dwelling District shall be used only for the following purposes:

1.

Detached one-family dwelling.

2.

General purpose farm or garden, provided that any crop or product grown or produced on the premises is not sold on or near the lot where it is produced.

3.

The keeping of horses, provided that such horses shall be kept in a manner consistent with the ordinance of the City of Edmond.

4.

Residential accessory building.

5.

Swimming pool.

22.06B.030 - Special Permit Uses.

None, except as provided for in Chapter 22.30 Special Uses Permitted in any zoning district.

22.06B.040 - Area Regulations.

(1)

Front Yard:

(a)

The minimum depth of the front yard shall be fifty feet (50′).

(b)

When a lot has double frontage the front yard requirements shall be provided on both private roadways.

(2)

Side Yard:

(a)

The minimum width of side yard shall be twenty-five feet (25′).

(b)

On any corner lot a building shall set back from the private roadway line of the intersection private roadway a distance of at least forty feet (40′).

(3)

Rear Yard:

There shall be a rear yard having a depth of at least thirty feet (30′). Unattached one (1) story buildings of accessory use shall be setback at least twenty-five feet (25′) from the utility easement, alley, or rear lot line.

(4)

Lot Width:

There shall be a minimum lot width of one hundred feet (100′) at the building line, and such lot shall abut a private roadway for a distance of not less than fifty feet (50′).

(5)

Height Regulations:

No structure shall exceed two and one-half (2½) stories or thirty-five feet (35′) in height except as provided elsewhere.

22.06B.050 - Special District Provisions.

Property in an "R-3" Private Street Dwelling District shall meet the following conditions:

1.

There shall be a private roadway easement of at least fifty feet (50′) in width;

2.

The property abutting the private roadway shall contain not less than two (2) acres;

3.

The property shall be more than one-fourth (¼) mile from sewer and water facilities furnished by the municipality;

4.

The private roadway shall not be dedicated to the public but reserved for future dedication and, until such future dedication, be the private roadway of the abutting property owners;

5.

The private roadway shall be maintained by the owners of the property within the subdivision;

6.

The municipality shall have no responsibility for the maintenance and repair of the private roadway;

7.

If the property is platted, there shall be emblemized on the face of the plat, clearly conspicuous, a notice that the streets and drives have not been dedicated to the public, and that the streets shall be maintained by the private property owners within the subdivision, but that the streets shall always be open to police, fire, and other official vehicles of all state, federal, county, and municipal agencies;

8.

Every deed shall clearly acknowledge that the roadway is private and not maintained by the municipality;

9.

Prior to the sale of any parcel in the subdivision, a conspicuous sign shall be posted at the entrance to the subdivision: "Private roadway not maintained by the City of Edmond." At any time after the municipality recognizes and permits the use of such private roadway, a petition of at least sixty percent (60%) of the owners, in area, to improve and dedicate the street shall bind all of the owners thereby to permanently improve the street or roadway in compliance with the requirements of the municipality. All other ordinances and planning commission regulations pursuant to the provisions of this article relating to subdivisions not in conflict herewith shall be applicable in such cases.

10.

The Planning Commission may require the developer of such property to reserve appropriate utility easements for water, sewer and any other utility installations as may be required for present and future development.

22.14.010 - General Description.

This commercial district is for the conduct of retail trade and to provide personal services to meet the regular needs and for 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.

22.14.020 - Uses Permitted.

Property and buildings in a "D-2" Neighborhood Commercial District shall be used only for the following purposes:

1.

Any use permitted in the "A" Single Family Dwelling District.

2.

Any use permitted by a Special Permit in the "A" Single Family Dwelling District.

3.

Retail stores and shops which supply the regular and customary needs of the residents of the neighborhood and which are primarily for their convenience, as follows:

Antique Shop

Appliance Store

Art School, Gallery or Museum

Artist Materials, Supply Studio

Auto Car Wash

Auto Parking Lot

Auto Service Station

Auto Supply Store

Baby Shop

Bakery Goods Store

Bank

Barber Shop

Beauty Shop

Book or Stationery Store

Camera Shop

Candy Store

Catering Establishment

Cleaning, Pressing, Laundry Collection Agency

Clothing or Apparel Store

Curio or Gift Shop

Department Store

Drug Store or Fountain

Drygoods Store

Dairy Products or Ice Cream Store

Delicatessen

Dress Shop

Florist Shop, Greenhouse, Nursery

Furniture Store

Grocery Store or Supermarket

Hardware Store

Retail Liquor Store

Jewelry or Notion Store

Lodge Hall

Meat Market

Medical Facility

Messenger or Telegraph Service

Musical Instrument Sales

Newspaper or Magazine Sales

Office Business

Optometrist Sales and Service

Package Store for Sale of Beer

Paint and Decorating Shop

Pet Shop

Photographer Studio

Pharmacy

Radio and Television Sales and Service

Restaurant

Self-service Laundry or Dry Cleaning

Sewing Machine Sales, Instruction

Sporting Goods Sales

Shoe Store or Repair Shop

Tailor Shop

Toy Store

Variety Store

Veterinarian's Office, provided no animals are kept overnight provided that there are no outside pens, kennels or other materials stored outside the confines of the building and provided that no activities are conducted outside the confines of the building

On-premises dry cleaning and pressing establishment providing retail service to the general public.

4.

Accessory buildings and uses customarily incidental to the above uses.

5.

Any building used for the above enumerated uses may not have more than forty percent (40%) of its floor area devoted to purposes incidental to the primary use. No materials or goods offered for sale or stored in connection with the uses enumerated above may be displayed or stored outside the building whatsoever, except as follows:

(a)

Automobile service stations may be permitted to display items commonly sold by service stations, i.e., oil, batteries, tires, etc.; nevertheless automobiles shall not be included under this section.

(b)

In the appropriate season, Christmas trees may be displayed in a reasonable manner.

(c)

Newspaper vending machines and ice machines may be displayed in a reasonable manner.

(d)

Upon written application, the City Manager may grant a permit for a sales promotion or special event during which retail open display may be used within such restrictions as the City Manager may set. In no event will such permit be construed to allow display of merchandise which is otherwise not permitted sold in such district. The decisions of the City Manager regarding such permits may be appealed to the City Council upon written notice to the Mayor and Council not less than six (6) days before the Council meeting at which the appeal is to be considered.

(e)

Automobile service stations may be used for the storage of rental trucks or trailers, provided, however, the storage space shall be paved and shall not exceed four thousand (4,000) square feet in area, and shall be so screened by walls or permanent ornamental fencing that the stored trucks or trailers cannot be seen from adjoining streets or lots where viewed by a person standing adjacent to the service station site on ground level; and further provided that no screening in excess of seven feet (7′) in height shall be required.

22.14.030 - Special Permit Uses.

None, except as provided for in Chapter 22.30 Special Uses Permitted in any zoning district.

22.14.040 - Area Regulations.

(1)

Front Yard. All buildings shall set back from the street right-of-way to provide a front yard having not less than twenty-five feet (25′) in depth, and as provided in "C-3" High Density Residential and Commercial Services District.

(2)

Side Yard. On the side of a lot adjoining a dwelling district there shall be a side yard of not less than ten feet (10′). Whenever the rear lot line of a corner lot abuts a dwelling district, the side yard adjacent to the street shall be not less than fifteen feet (15′) in width. In all other cases no side yard shall be required.

(3)

Rear Yard. Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty feet (30′).

(4)

Intensity of Use. Intensity of use regulations for dwellings shall be the same as those of the "A" Single Family Dwelling District.

(5)

Height Regulations. No building shall exceed thirty-five feet (35′) in height, except as hereinafter provided.

22.14.050 - Special District Provisions.

Whenever any commercial or industrial district or parking lot or parking area is established so as to abut the side or rear line of a lot in a residential district, an opaque ornamental fence or wall not less than five feet (5′) high and not more than six feet (6′) high, shall be constructed and maintained in good condition along said side or rear lot line up to but not beyond the abutting residential setback building line, except where the front yard is used for off-street parking then the provisions pertaining to off-street parking lots shall apply.

22.24.010 - General Description.

This Commercial District is intended for retail shops and stores that provide for the regular needs of the people residing in the adjacent residential and conservation districts and is provided for their convenience. This is to be a restricted district as to uses and site consideration due to the proximity to low density dwellings and municipal water supply.

22.24.020 - Uses Permitted.

Property and buildings in an "L-3", Lake Commercial District shall be used only for the uses enumerated below:

Antique Shop

Bakery Goods Store

Barber Shop

Beauty Shop

Candy Store

Catering Establishment

Convenience Store

Dairy Products or Ice Cream Store

Drug Store or Fountain

Delicatessen

Gift Shop

Grocery Store/Supermarket

Help Yourself Laundry

Medical Facility

Optometrist Sales and Service

Restaurant

Retail Liquor Store

Service Station

Sporting Goods Sales

Shoe Store or Repair Shop

Accessory buildings and uses customarily incidental to the above uses.

22.24.030 - Special Permit Uses.

None, except as provided for in Chapter 22.30 Special Uses Permitted in any zoning district.

22.24.040 - Area Regulations.

(1)

Front Yard.

The minimum depth of the front yard shall be twenty-five feet (25′); however, when a lot abuts a section line road or major street of the Edmond Plan, the minimum set back shall be one hundred feet (100′) from the centerline of said street right-of-way, and shall be one hundred fifty feet (150′) from the center line if within three hundred thirty feet (330′) either way of the intersection of section line roads. In the case of Highways, Interstates, Freeways or Primary Arterial Streets, with existing or proposed right-of-ways of one hundred feet (100′) or more, the set back shall be a minimum of fifty feet (50′) from the property line or fifty feet (50′) from the proposed future right-of-way line as shown on the proposed future right-of-way line as shown on the adopted Edmond Plan or subsequently adopted plans.

(2)

Side Yard.

For corner lots on section line roads, all structures shall observe a minimum set back of one hundred feet (100′) from the centerline of the abutting street right-of-way and shall be one hundred fifty feet (150′) either way of the intersection of section line roads. For corner lots not adjacent to major streets, the side yard shall be twenty feet (20′).

(3)

Rear Yard.

When a commercial building is adjacent to a residential zoning district, there shall be a thirty foot (30′) rear yard provided. When the rear yard in this district is adjacent to other commercial or industrial zoning districts, no rear yard shall be required, unless vehicular service is required in the rear yard and then there shall be provided an alleyway or a service court or combination thereof of not less than thirty feet (30′).

(4)

Height Regulations.

No building or structure of any kind to include antennas, radio or television transmission and reception towers, chimneys, spires and poles shall exceed twenty one (21) stories or thirty-five feet (35′) in height.

22.24.050 - Special District Provisions.

Minimum Lot Size

There shall be a minimum lot area of ninety thousand (90,000) square feet, unless public water mains and sanitary sewer mains serve the lot. This square footage requirement shall not include street right-of-way easements, public or private, but may include utility easements.

Lot Depth

Commercial zoning shall be oriented to the primary arterial street. The maximum depth of lots, including corner lots on secondary arterial streets, shall be a distance of four hundred feet (400′), as measured from the property line.

Parking Lot Location

Off-street parking lots shall be located in the rear yard or interior side yard of all commercial lots. Off-street driveways may be located in the front yard or side yard on corner lots but not off-street parking areas.

Protection of Adjacent Property

Whenever any commercial or industrial district or parking lot or parking area is established so as to abut the side or rear line of a lot in a residential district, an opaque ornamental fence or wall not less than five feet (5′) high and not more than six feet (6′) high, shall be constructed and maintained in good condition along said side or rear lot line up to but not beyond the abutting residential setback building line.

22.25.010 - General Description.

This Commercial District is intended for retail shops, stores, services and commercial businesses that provide for the needs of the people residing in adjacent areas. In addition, this district is intended for commercial businesses, services, highway commercial activities, and recreational opportunities needed by transients utilizing adjacent recreation facilities at Arcadia Lake. Due to the proximity of the municipal water supply and the potential for pollution thereof, low density dwellings and the need for the preservation of the environment, this is to be a restricted district as to uses and site consideration.

22.25.020 - Uses Permitted.

Property and buildings in an "L-4" General Lake Commercial District shall be used only for the uses enumerated below:

Amusement Facility

Antique Shop

Apparel Shop

Appliance Store

Artist's Supplies

Bakery Foods Store

Bank and Financial Institutions

Barber Shop

Beauty Shop

Boat Sales

Book or Stationery Store

Camera Store

Candy Store

Catering Establishment

Commercial School or Hall

Convenience Store

Curio Shop

Dairy Products or Ice Cream Store

Delicatessen

Dental Lab

Department Store

Drive In Restaurant

Drug Store or Fountain

Dry Goods

Florist Shop

Furniture Store

Gift Shop

Golf Course

Grocery Store/Supermarket

Hardware Store

Help-Yourself Laundry

Hotel

Jewelry and Watch Sales

Leather Goods Store

Meat Market

Medical Facility

Motel

Music Store

Newspaper or Magazine Sales

Office Buildings

Office Supply Store

Optometrist Sales and Service

Paint and Decorating Shop

Pharmacy

Photography Studio

Radio and Television Sales and Service

Restaurant

Retail Liquor Store

Service Station (not to be construed to allow a truck stop)

Sewing Machine Sales and Service

Shoe Store or Repair Shop

Specialty Shop for Men and Women

Sporting Goods Sales

Tailor Shop

Tea Shop

Theatre

Toy Store

Variety Store

Accessory buildings and uses customarily incidental to the above uses.

22.25.030 - Special Permit Uses.

None, except as provided for in Chapter 22.30 Special Uses Permitted in any zoning district.

22.25.040 - Area Regulations.

(1)

Front Yard.

The minimum depth of the front yard shall be twenty-five (25) feet; however, when a lot abuts a section line road or major street of the Edmond Plan, the minimum setback shall be one hundred (100) feet from the centerline of said street right-of-way, and shall be one hundred fifty (150) feet from the centerline if within three hundred thirty (330) feet either way of the intersection of section line roads. In the case of Highways, Interstates, Freeways of Primary Arterial Streets, with existing or proposed right-of-ways of one hundred (100) feet or more, the setback shall be a minimum of fifty (50) feet from the property line or fifty (50) feet from the proposed future right-of-way line as shown on the proposed future right-of-way line as shown on the adopted Edmond Plan or subsequently adopted plans.

(2)

Side Yard.

For corner lots on section line roads, all structures shall observe a minimum setback of one hundred (100) feet from the center line of the abutting street right-of-way and shall be one hundred fifty (150) feet either way of the intersection of section line roads. For corner lots not adjacent to major streets, the side yard shall be twenty (20) feet.

(3)

Rear Yard.

When a commercial building is adjacent to a residential zoning district, there shall be a thirty (30) foot rear yard provided. When the rear yard in this district is adjacent to other commercial or industrial zoning districts, no rear yard shall be required, unless vehicular service is required in the rear yard and then there shall be provided an alleyway or a service court or combination thereof of not less than thirty (30) feet.

(4)

Height Regulations.

No building or structure of any kind to include antennas, radio or television transmission and reception towers, chimneys, spires and poles shall exceed 2½ stories or thirty-five feet (35′) in height.

22.25.050 - Special District Provisions.

Minimum Lot Size

There shall be a minimum lot area of ninety thousand (90,000) square feet, unless public water mains and sanitary sewer mains serve the lot. This square footage requirement shall not include street right-of-way easements, public or private, but may include utility easements.

Protection of Adjacent Property

Whenever any commercial or industrial district or parking lot or parking area is established so as to abut the side or rear line of a lot in a residential district, an opaque ornamental fence or wall not less than five feet (5′) high and not more than six feet (6′) high, shall be constructed and maintained in good condition along said side or rear lot line up to but not beyond the abutting residential setback building line.