El Reno City Zoning Code
ARTICLE IV
General District Regulations
§ 361-11 Limitation on use.
A.
Application of regulations in districts authorized. 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 use, height, area, coverage, yard, space, and other 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 V, Nonconformities.
B.
Application of regulations to the uses of a more restricted district. Whenever the specific district regulations pertaining to one district permit 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.
C.
Residential uses restricted to residential lots. 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.
D.
Temporary uses. The Zoning Administrator may issue a zoning certificate, upon application, for lawful temporary uses of property as specified in this and the following sections. Approval may be made contingent upon such conditions and time limitations as are reasonably necessary to secure the public welfare. The violation of any such condition shall be grounds for the revocation of the certificate and of any permit or license issued thereunder. The Zoning Administrator may require guarantees to assure removal of the temporary use and of any debris or refuse resultant therefrom, so as to restore the premises to its prior condition. The Zoning Administrator may allow an extension of a time limitation upon application.
E.
A temporary zoning certificate may be issued, upon application, in the following instances:
[Amended 4-3-2007 by Ord. No. 5009]
(1)
For a tract and sales office in an R District during the period of construction or sale of homes in a new subdivision, located either in a dwelling or in a temporary structure not less than 20 feet from any other structure. The office shall be removed and the entire premises shall be restored to conform to the district regulations within 10 days after the expiration of the period of time specified in the certificate.
F.
The Zoning Administrator may issue a zoning certificate upon application for any of the following uses, subject to the limitation that the use shall be terminated within a specified period not to exceed 60 days:
G.
This chapter shall not limit or interfere with temporary use of any property as a public voting place, or with the construction, installation or operation by any public agency or private corporation, when in conformity with the regulations of the federal, state or local public agency having jurisdiction:
(1)
Of any public street or highway;
(2)
Of any utility pipe, conduit, or sewer;
(3)
Of any power transmission, communication or transportation line;
(4)
Of any railroad right-of-way, excluding yards and stations;
(5)
Of any telephone exchange or other public service corporation building, excluding public business offices, storage yards or repair shops; or
(6)
Of any incidental appurtenances to any of the above.
H.
Building lines. Wherever a plan for major streets and highways has been adopted and filed by the Commission, the Council, upon recommendations of the Commission, is hereby authorized and empowered to establish, regulate, and limit, and to change and amend, building line or setback regulations on such major streets and highways, and to prohibit any new building being located within such buildings or setback lines within the area. In establishing such building lines, the Council shall take into consideration the present stage of development along such highways, including the type of buildings and nature of their use, as well as their number and location; the present width of such highways; and probable future needs to protect safety and provide adequate transportation along such highways in view of the trend of development of residential, commercial, and industrial areas served by such highways.
I.
Regulations authorized by this section shall not be adopted, changed or amended by the Council until a public hearing has been held thereon by the Commission.
J.
After the Council shall have established building or setback lines on such major highways, no new building or structure shall be erected within such building or setback lines in the area and no permit for such building shall be issued by the City Building Inspector. The City Board of Adjustment shall hear appeals of any property owner aggrieved by such building line and setback regulations. Said Board of Adjustment shall have the power to modify or vary the building line or setback regulations in specific cases in order that unwarranted hardship, which constitutes an unreasonable deprivation of uses as distinguished from a mere grant of privilege, may be avoided, the intended purpose of the regulations strictly observed and the public welfare and public safety protected.
§ 361-12 Division of lots.
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 located.
§ 361-13 Use of yards and yard setback requirements.
[Amended 11-3-2009 by Ord. No. 7024; 4-6-2010 by Ord. No. 8006; 8-12-2014 by Ord. No. 9061; 7-12-2022 by Ord. No. 9305; 4-9-2024 by Ord. No. 9345; 9-10-2024 by Ord. No. 9354; 10-14-2025 by Ord. No. 9386]
A.
Certain structures within and projections into required yard areas as herein specified are permitted and shall not be considered to be obstructions or included in the calculation of coverage, unless otherwise specified:
(1)
Cornices, canopies, eaves or other projections which do not increase the volume of space enclosed by the building; provided, however, that none of these shall project into any required front or rear yard more than three feet or into a required side yard more than 50% of its width.
(2)
Unroofed balcony, provided that no such balcony shall project more than four feet into a front or rear yard.
(3)
One-story bay windows projecting three feet or less into the yard.
(4)
Open iron fire escapes required by law, provided that no fire escape shall project into a required yard more than three feet.
(5)
An uncovered stair and landing which does not extend above a ground floor entrance except for the railing. No such stair and landing shall project more than two feet into a required side yard or more than six feet into a required front or rear yard.
(6)
Chimney projecting not more than 18 inches.
(7)
Flagpole; garden ornament.
(8)
Vegetation, including trees, shrubs, bushes and hedges clear of the public rights-of-way.
(9)
Fencing, walls, latticework, and screens in excess of 30 inches tall above adjacent grade must be designed so they do not materially impede vision across the front yard. Maximum height allowance for fencing in all areas is as follows:
(10)
Surfaced 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 front yard of a lot in a residential district.
(a)
No inoperative vehicles may be stored outside of an enclosed structure within any residential district.
(b)
No inoperative vehicles may be stored outside of an enclosed structure within any commercial district except in permitted outdoor storage yards in conformity with the applicable zoning regulations.
(12)
Swimming pools and permanent playground equipment as follows:
(a)
For any single-family residential or two-family residential use, no swimming pool or permanent playground equipment (including trampolines), shall be constructed in front of the front building line (or within 150 feet of the front property line if zoned within an agricultural district) and no portion of the pool shall be constructed closer than 10 feet to the side and rear lot lines or across any easement. All pool equipment, sidewalks and decks shall not be located within five feet of any side or rear lot lines or across any easement.
§ 361-13.1 Exceptions.
[Added 10-14-2025 by Ord. No. 9386]
A.
In the case of through lots, unless the prevailing front yard pattern of adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, The Zoning Administrator may waive the requirement for the normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.
B.
In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.
C.
In the case of reversed-frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard or half the depth required generally for front yards in the district shall be provided on the other frontage.
D.
In the case of corner lots with more than two frontages, the Zoning Administrator shall determine the front yard requirements, subject to the following limitations:
E.
Contextual front yard setbacks. In the case of a regular lot, the depth of the front yard in any R District shall be subject to the following modifications:
(1)
Where lots comprising 40% or more of all frontage on the same side of the street and within the same block are developed with buildings having front yards with a variation of not more than 10 feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage on that side of such street within the same block; but in no case shall a front yard of more than 30 feet be required or reduced to less than 15 feet.
(2)
Wherever a building setback line in any block is delineated on the subdivision map thereof, as approved by the Planning Commission and/or the City Council, as provided by law, and recorded in the office of the County Clerk, and such setback varies from the setback as provided by the front yard requirements of this chapter, the setback shown on such subdivision map shall govern.
F.
In the case of side yards for existing residential buildings constructed under previous ordinances, requiring a minimum side yard setback line of three feet, they may be enlarged or extended to conform with present building width, provided that the three-foot minimum side yard setback line is complied with.
G.
Side yard setback exception for certain lots platted prior to 1970. If located in a residential subdivision platted prior to January 1, 1970, and if the platted parcels (or combined/adjusted parcels) are less than 60 feet in width, the minimum interior side yard may be reduced to five feet for primary single-family structures.
H.
Setback and lot coverage exception for certain legal non-conforming platted lots zoned A-1 with a minimum lot size of one acre or less. When a platted parcel within the A-1 Rural Agricultural District is legally nonconforming as to the minimum lot area and contains one acre or less, one single-family dwelling and customary accessory structures may be permitted. Such lots shall follow the maximum lot coverage and the front, side, and rear yard setback requirements established for the R-1 Single-Family Residential District. This exception does not apply to legal non-conforming parcels zoned A-1 that are greater that one acre or are not platted. Notwithstanding the above, all principal structures shall maintain a minimum setback of 75 feet from all section lines, and all accessory structures shall maintain a minimum setback of 60 feet from all section lines.
§ 361-14 Street access.
No principal building shall hereafter be constructed on a lot which does not abut a public dedicated street, or upon a lot having permanent easement of access to a public street which was of record prior to the effective date of this chapter. No lot shall be deemed to abut upon a street unless it has a frontage thereon of not less than 30 feet and a lot width of not less than 30 feet for a distance of 100 feet from the front lot line.
§ 361-15 Mobile homes, RVs, trailers and commercial vehicles.
[Amended 11-7-2000 by Ord. No. 2917; 5-13-2025 by Ord. No. 9374]
A.
Storage and parking in residential districts. Commercial vehicles and trailers of all types, including travel, camping and 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 two commercial vehicles, which do not exceed 1 1/2 tons' rated capacity, per residential living unit, 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 35 feet in length and eight feet in width. Said trailer shall not be parked or stored for more than 72 hours unless it is located behind a line that exists five feet in front of the residence or 20 feet from any public street, whichever is greater, and must be parked on a paved surface. 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 except in a mobile home park or RV park authorized under the ordinances of the City of El Reno, Oklahoma, except as provided for in Chapter 243, Mobile Homes, Recreational Vehicles and Travel Trailers and Parks.
B.
Display in commercial and industrial districts. 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, that said vehicles may not be used for dwelling purposes either temporarily or permanently except in a mobile home park or RV park authorized under the ordinances of the City of El Reno, Oklahoma.
C.
A mobile home, manufactured home, or modular home shall be parked, stored, or otherwise used only in a mobile home park or a mobile, modular, and/or manufactured home sales and display facilities which is in conformity with ordinances of the City of El Reno, Oklahoma, or otherwise as permitted in accordance with this chapter and Chapter 243.
(1)
No mobile home, manufactured home, or modular home shall be located on a tract of land zoned in the General Agricultural A-1 District less than five acres and located outside of a mobile home park or a mobile, modular, and/or manufactured home sales and display facility without first receiving a conditional use permit.
D.
When a conditional use permit is required for a mobile, modular and/or manufactured home the Municipal Planning Commission shall consider the following additional criteria, in addition to the criteria established in § 361-143C:
(1)
The type of construction and materials (including color) of the mobile, modular, and/or manufactured home is compatible with the character of the surrounding neighborhood, shall be considered.
E.
When a conditional use permit is required for a mobile home park the Municipal Planning Commission shall consider the following additional criteria, in addition to the criteria established in § 361-143C:
(1)
The site plan and landscaping, including a required landscaping buffer around the entire property, is designed to minimize visibility from the street and surrounding properties, shall be considered.
(2)
The amenities provided, including swimming pools, community buildings, storm shelters, and storm sirens, shall be considered.
§ 361-16 Off-street parking and loading.
[Amended 1-3-2006 by Ord. No. 4002; 8-12-2014 by Ord. No. 9061; 5-8-2018 by Ord. No. 9144]
A.
Purpose and application. It is the intent of these requirements that adequate parking and loading facilities be provided on off-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 shall apply to all uses in all districts except that the off-street parking requirements shall not apply for uses within the Central Business District (CBD District).
B.
Required open space. Off-street parking space may be excluded from the calculated maximum coverage of a lot.
C.
Location. 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. Accessible parking spaces, as required by the Americans with Disabilities Act,[1] shall be connected to the public entrance of all primary uses which the off-street parking lot serves by a sidewalk constructed in accordance with the most recent version of the ADA Standards for Accessible Design.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
D.
Joint parking and off-site parking facilities. 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. Owners may jointly provide for their individual parking needs through a joint facility and/or facilities, provided that the total number of spaces so provided shall not be less than 75% of the sum of the individual requirements and that each business and/or other use is within 200 feet of the parking facility, and is connected to said facility with an ADA-accessible walkway.
E.
Size of off-street parking space. The size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than nine feet by 18 feet, plus adequate area for ingress and egress.
F.
Amount of off-street parking and loading required. Off-street parking and loading facilities shall be provided in all districts in accordance with the following schedule:
(1)
Dwelling, single-family or duplex: two spaces for each separate dwelling unit within the structure.
(2)
Dwelling, multifamily: The number of spaces provided shall not be less than two spaces for each of the first 50 dwelling units and 1 1/2 spaces for each dwelling unit above 50 units.
(3)
Boarding or rooming house or hotel: one space for each sleeping room.
(4)
Hospitals: one space for each four patient beds, exclusive of bassinets, plus one space for each staff or visiting doctor, plus one space for each three employees, including nurses, plus adequate area for the parking of emergency vehicles.
(5)
Medical or dental clinics or offices: six spaces per doctor, plus one space for each two employees.
(6)
Convalescent or nursing home: one space for each six patient beds, plus one space for each staff or visiting doctor plus one space for each two employees, including nurses.
(7)
Community center, theater, auditorium, or church sanctuary: one space for each four permanent seats, based on maximum seating capacity, or each 50 square feet of floor area in rooms without permanent seating but intended to be used for assembly purposes.
(8)
Convention hall, lodge, club, library, museum, place of amusement or recreation: one space for each 50 square feet of floor area used for assembly or recreation in the building.
(9)
Eating places: one space for each 225 square feet of gross floor area.
(10)
Office building: one space for each 300 square feet of gross floor area in the building, exclusive of the area used for storage, utilities and building service.
(11)
Commercial establishments not otherwise classified: one space for each 150 square feet of floor area used by the public.
(12)
Industrial establishments: one space for each 300 square feet of gross floor space in office areas, plus five spaces for warehousing and manufacturing space up to 20,000 square feet of gross floor area, plus one space for each additional 10,000 square feet of gross floor area of warehousing and manufacturing space.
G.
Paved surface required. All parking spaces shall be paved with a sealed-surface permanent pavement and maintained in a manner that no dust will result from continued use. A continuous driveway from the lot edge to the parking area shall also be paved with a sealed surface permanent pavement, and maintained in such a manner that no dust will be produced by continued use. This requirement shall not apply to properties in the Residential Estate Zoning District or in any agriculture zoning district.
H.
Off-street parking lots located within or adjacent to a residential district. Whenever off-street parking lots or drives are to be located within or adjacent to a residential district, the following provisions shall apply:
(1)
All sides of a lot containing six or more off-street spaces within or abutting the residential district shall be enclosed with a screening wall or fence as specified under § 361-17.
(2)
No parking shall be permitted in a front yard within a residential district, except for driveways for single-family and two-family dwellings.
(3)
Driveways within a residential district used for ingress and egress shall be confined to and shall not exceed 25 feet in width, exclusive of curb returns.
(4)
Whenever lighting is provided, it shall be arranged so that all light is deflected from adjoining residential uses.
I.
Commercial on-street parking. A commercial entity with frontage on a local street, residential collector, or commercial industrial collector, as defined in § 361-31 of this Code, may apply to the Community Development Department to have marked on-street parking spaces, either parallel to the street or within a separate lot. The spaces within said lot, if approved by the City Manager, or his designee, will count toward the number of required off-street parking spaces.
J.
Loading space required. On the same premises with every building hereafter rated which is designed to be occupied by a commercial, manufacturing or industrial use, hotel, hospital, storage warehouse or by any other use requiring regular receipt or dispatch of merchandise by truck, there shall be provided and maintained at least one loading space as defined in § 361-10, exclusive of access platform and maneuvering area; unless the gross floor area of such building, excluding automobile parking spaces enclosed therein, is less than 15,000 square feet.
§ 361-16.1 Carports.
[Added 4-9-2024 by Ord. No. 9345; amended 10-14-2025 by Ord. No. 9386]
A.
Carports shall be figured into maximum lot coverage and shall only be installed in accordance with the accessory structure regulations of the zoning district after receiving a permit from the Community Development Department, provided they adhere to the following criteria:
(1)
Are open on three sides.
(2)
Are no larger than 24 feet wide by 24 feet long.
(3)
Do not exceed the eave height of the primary structure or 10 feet tall, whichever is less.
(4)
Are only used for storing operable, street-legal vehicles.
(5)
Meet all applicable building codes and are constructed of weatherproof materials that are uniform in color and appearance.
(6)
Are installed over hard-surface paving.
(7)
Are not constructed closer than five feet to any right-of-way line or on any easement.
B.
Approval. Carports may be permitted in required front yards of single-family and two-family residential lots where the Community Development Director determines that:
(1)
The proposed carport is located within a subdivision platted before January 1, 2000;
(2)
The proposed carport shall not cause sight obstructions to motorists; and
(3)
There are no recorded and active covenants and/or restrictions that apply to the subject property and/or surrounding neighborhood that prohibits the proposed carport.
C.
Carports shall be allowed to extend into the side yard in the agricultural zoning districts and the R- E, R-2, and R-4 Zoning Districts, provided they adhere to the following criteria, in addition to the provisions of Subsections A and B above:
D.
Carports shall be allowed to exceed the maximum height limit stated in Subsection A, provided that the carports extend the roofline of the primary structure to which the carport is attached, and the roof material matches the materials of the roof of the primary structure.
E.
Carports shall be allowed to extend into the rear yard setback in residential zoning districts when in line with and adjacent to an existing legal non-conforming accessory garage structure on the same lot.
§ 361-16.2 Portable storage units.
[Added 5-14-2024 by Ord. No. 9346]
A.
Single-family, two-family residential, and agricultural zoning districts.
(1)
Long-term use not permitted. Portable storage units shall not be used for long-term or permanent storage or other uses (landscaping, signage, etc.) in the single-family and two-family residential zoning districts, and agricultural districts except as excepted in Subsection A(3).
(2)
Temporary storage.
(a)
When a portable storage unit is placed on residential property for a time period not to exceed seven days, no permit is required. The portable storage unit may be located in front of the required setback.
(b)
When a portable storage unit is placed on residential property for a time period of greater than seven days and a building permit for construction, remodel and/or repair of the main structure is in effect, the portable storage unit may remain as long as the building permit is in effect for the property. The portable storage unit may not be delivered until the building permit is issued. The portable storage unit must be removed when the work for which the building permit was issued is complete or when the building permit becomes no longer valid, whichever first occurs. A permit for the portable storage unit is required; however, no fee is required.
(c)
No more than one portable storage unit per dwelling unit shall be permitted to be placed on a single-family or two-family residential property.
(d)
Stacking of portable storage units is not permitted.
(e)
Portable storage units shall not be placed on the right-of-way or in any manner that creates a traffic visibility obstruction.
(f)
Portable storage units shall be placed on asphalt or concrete surfaces only.
(3)
Agricultural uses.
(a)
Portable storage units may be used at any time in agricultural districts on parcels with a minimum size of five acres and used for agricultural purposes.
(b)
Stacking of portable storage units is not permitted.
(c)
Portable storage units shall not be placed on the right-of-way or in any manner that creates a traffic visibility obstruction.
(d)
No permits are required.
B.
Office, commercial, industrial and multifamily zoning districts.
(1)
Use permitted. Portable storage may be used for storage in the office, commercial, industrial and multifamily zoning districts unless prohibited by a planned unit development or other special zoning requirement. When a portable storage unit is placed on commercial, multifamily, office or industrial property for outdoor storage and there is no building permit in effect for construction, remodel and/or repair of a structure on the property, the following requirements must be complied with:
(a)
A permit must be obtained, the application for which must include a site plan indicating the placement of such portable storage unit and the distances from the existing building(s) and property lines.
(b)
The portable storage unit must be placed at least 15 feet away from any fire hydrant, shall not block any fire lane and shall not block any means of egress of any building.
(c)
The portable storage unit shall not occupy any required parking space and shall not block any driving lane which would interfere with the flow of traffic.
(d)
A portable storage unit shall not be placed in front of a building.
(e)
The portable storage unit shall be located only upon an improved surface of asphalt or concrete.
(f)
No portable storage unit shall be placed on/over any dedicated drainage and/or utility easement.
(g)
Portable storage units shall not be kept on site for a period longer than six months.
(h)
A permit fee, as established by the City Council, for each portable storage unit must be submitted with the permit application.
(i)
This section will not prohibit the use of storage containers as inhabitable or occupiable buildings when in compliance with all applicable building and zoning regulations (including facade regulations).
(2)
Temporary storage. When a portable storage unit is placed upon commercial, multifamily, office or industrial property for which a building permit has been granted and the proposed work is ongoing, the portable storage unit must be placed in accordance with the setbacks of the zoning district in which it is located. The portable storage unit shall be located only upon an improved surface of asphalt or concrete, shall not occupy any required parking space and must be placed at least 15 feet away from any fire hydrant. A permit for the portable storage unit is required; however, no fee is required. The portable storage unit must be removed when the approved work is completed.
C.
Mobile offices. Portable storage units may only be used as a temporary or mobile office when they meet the building and zoning requirements for modular or manufactured buildings, mobile home for office, or similar use.
D.
Nonconformities. It is the position of the City Council that portable storage units were never allowed for long-term use in all situations, except as specified in this section. Nonconforming portable storage units existing upon the date when this section becomes effective shall have 60 days to remedy or remove said nonconformity upon receipt of notice from the Community Development Department, after which said nonconformity shall be considered a public nuisance.
§ 361-17 Screening walls or fences.
[Amended 8-12-2014 by Ord. No. 9061; 12-12-2023 by Ord. No. 9341]
A.
Specifications. When the provisions of this chapter require the construction of a screening wall or fence as a condition for the initiation and subsequent continuance of a use, the screening wall or fence:
B.
Maintenance. The screening wall or fence shall be maintained by the owner of the zoning lot containing the use requiring the construction of the screening. Failure to maintain after notice by the Zoning Administrator shall constitute an offense hereunder.
D.
Screening of residential uses that abut limited-access highways.
(1)
When a platted single-family or two-family residential lot not zoned A-1 or A-2 abuts an interstate highway right-of-way, a privacy fence shall not be permitted adjacent to the interstate highway right- of-way unless constructed and maintained by a homeowners' association.
§ 361-17.1 Solid waste storage and refuse enclosures.
[Added 10-14-2025 by Ord. No. 9387]
A.
Applicability.
(1)
All new buildings, or any change in ownership or tenancy following a 12-month period of vacancy, located within commercially or industrially zoned districts, shall be served by a minimum of one solid waste container provided by the City or its designated solid waste collection contractor, unless alternative arrangements are approved by the Development Services Manager in accordance with applicable code.
B.
Refuse enclosure standards.
(1)
All solid waste containers shall be screened and enclosed on three sides by masonry walls or concrete masonry units with a minimum height of eight feet. Alternative materials may be approved by the Development Services Manager.
(2)
Enclosures shall have minimum internal dimensions of 12 feet in width by 14 feet in length or as approved by the City or its designated solid waste collection contractor.
(3)
Gates shall be incorporated into the enclosure design and provide adequate clearance when fully open, as approved by the designated service provider to accommodate collection vehicles.
(4)
A locking device shall be installed on all gates.
(5)
Keeper latches shall be provided to secure gates in the open position during container servicing.
(6)
Each enclosure shall include four-inch-diameter pipe barricades, filled with concrete and 36 inches in height, to protect the gates and enclosure walls from damage caused by container movement.
(7)
A concrete pad with a minimum thickness of six inches shall be constructed within the enclosure. A clear, unobstructed approach path measuring at least 50 feet in length by 12 feet in width shall also be provided, constructed of a minimum six inch-thick concrete surface (asphalt paving may be approved as an alternative) to ensure adequate access for collection trucks.
C.
Refuse container location requirements.
(1)
At the time of plan submittal for building plans, the site plan shall clearly indicate the proposed location of all required refuse containers and enclosures.
(3)
Adequate maneuvering space must be provided for collection vehicles. Site design must include either a through-drive or a turnaround area sufficient to allow servicing without requiring collection trucks to back across driveway entrances or onto public streets.
§ 361-18 Sewer service. [1]
No structure or use in any district shall be erected or commenced which does not have a connection to the public sewer system, unless and until the County Public Health Officer certifies that a septic tank or any substitute disposal system can be installed and operated effectively. As a basis for making his decision, the Public Health Officer may require such percolation tests as he deems to be necessary. Such tests are to be made at the expense of the property owner.
§ 361-19 Group housing projects. [1]
In the case of a housing project consisting of a group of two or more buildings to be constructed on a plot of ground of at least two acres, the height, area and setback requirements of this chapter may be modified by the City Council upon the recommendation of the Planning Commission following the submission of an application for such development by the applicant in such cases where the application will provide a development that will be in harmony with the character of the neighborhood and will ensure a density of land use no higher and a standard of open space at least as high as required by this chapter in the district in which the proposed project is to be located. In no case shall a use or building height or density of population be permitted which is not permitted by or exceeds the requirements of the district in which the housing project is to be located.
§ 361-20 Home occupations.
No home occupation shall be permitted as, or deemed to be, a use accessory to a dwelling unit in any residential district which involves or requires any of the following:
A.
Employment of any person not a resident in the dwelling unit, other than a domestic servant.
B.
Generation of pedestrian or vehicular traffic other than that normal to the district.
C.
Maintenance of a stock in trade or of an office open to the public, or storage of materials or supplies outdoors or in a required parking space; provided that this regulation shall not exclude the maintenance within a dwelling unit of the private office or studio of a person who resides therein, if accessible only from within the dwelling unit.
D.
Show windows, window displays, or advertising to attract customers, clients, or the general public to the premises; provided that the display of one nonilluminated name plate not exceeding two square feet may be permitted.
E.
Any operation characteristic or effect, including building design, lighting, noise, vibration, electrical disturbance, smoke or odor, which would identify the premises as serving a nonresidential purpose or be injurious to the district.
§ 361-21 Sidewalk furniture and retail display areas. [1]
[Added 11-10-2020 by Ord. No. 9244; amended 11-14-2023 by Ord. No. 9339]
A.
The placement of any item, either permanently or temporarily, within a street right-of-way of the City of El Reno is prohibited, except as permitted in this section, or as permitted elsewhere in the Code of Ordinances of the City of El Reno.
B.
In adopting these regulations the City Council has found and declared that:
(1)
There exists the need for use of the public sidewalk for furniture and retail sales in certain pedestrian-oriented areas of the City to provide a unique environment encouraging retail sales;
(2)
Because of the high intensity of development in certain commercial corridors and the downtown, the lack of adequate vacant land and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for retail uses and displays to be located on sidewalks in the public right-of-way;
(3)
The existence of furniture and retail displays encourages additional pedestrian traffic to these areas and encourages more activity and redevelopment;
(4)
The presence of furniture and retail displays may impede the flow of pedestrian traffic;
(5)
There is a need for regulations and standards for the existence and operation of furniture and retail displays to facilitate a safe environment;
(6)
The establishment of permit conditions, specific location requirements and safety standards for sidewalk furniture and retail display is necessary to protect and promote the general health, safety, and welfare of the residents of the City; and
(7)
The issuance of a sidewalk furniture and retail display permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right-of-way or any easements contained therein.
C.
Permit required. An annual permit shall be required for the use or continuation of use of a City of El Reno right-of-way for sidewalk furniture and retail displays. The permit shall expire and be renewable annually on November 30 of each year. Receipt of a permit shall exempt the permittee from obtaining a minor easement from the City for any fixture or structure approved by the permit. A permit shall be a license to use the sidewalk and shall not grant nor shall it be construed or considered to grant any person any property right or interest in the sidewalk or right-of-way. An application for the permit shall be on a form as developed by the Community Development Department, and shall, at a minimum, require the following:
(1)
A site plan showing the edge of the building, the width of the sidewalk, the location of all proposed furniture and retail display areas, the location of any sloped sidewalk or sidewalk with barriers (i.e., streetlights, ramps, steps, poles, or any other obstructions), the location of all doors, and the location of all required pedestrian pathways in accordance with Subsection D of this section.
(2)
An image of all proposed sidewalk furniture to be installed or to remain installed upon approval of the permit application.
(3)
Proof of general liability insurance, and, if applicable, alcohol liability insurance in accordance with Subsection E of this section.
(4)
The applicant shall agree to adhere to all requirements of this section, and that their permit will expire on the next November 30, or at any point where the business license is terminated or expired for a period of 30 days or more.
(5)
Upon approval of permit, the permitee shall pay a fee for the permit, which shall be established by resolution.
D.
General standards.
(1)
A pedestrian pathway of at least six feet in width, free from obstruction, and at slopes compliant with the ADA Standards for Accessible Design shall be maintained in the direction parallel to the street at all locations, and shall not be infringed upon by outdoor furniture or retail display. An egress path from the front door of the building at the width of the doorways, but in no cases less than three feet, shall be maintained and not infringed upon by outdoor furniture or retail displays.
(2)
No outdoor furniture or retail display shall obstruct pedestrian or vehicular traffic, fire hydrants or other access points for public utilities, or be in a visibility triangle.
(3)
Furniture, equipment, or retail displays shall not be anchored to the sidewalk in the right-of-way nor shall they be attached or affixed to any tree, post, sign or other structure.
(4)
Sidewalk furniture and retail displays shall be a permitted accessory business in the CBD zoning district.
(5)
Sidewalk furniture and retail displays shall be related to the principal use of the abutting property.
(6)
Sidewalk furniture and retail displays shall be located in a manner that promotes efficient and direct pedestrian movement.
E.
The permittee shall maintain current general liability insurance issued by one or more insurance companies licensed to do business in the State of Oklahoma, protecting the permitee and the City of El Reno from all claims for damage to property and bodily injury, including death, which arise from operation under or in connection with the outdoor furniture permit. Such insurance shall name the City as an additional insured, and shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Each policy shall be for a minimum of $500,000 coverage. The policy shall include provisions requiring the permitee to indemnify and hold harmless the City of El Reno from any claim of liability, and associated defense costs, that arise out of the permitee's use of the sidewalk area, and shall preserve the right of the City to its choice of defense counsel.
F.
Approved furniture types and standards.
(1)
Furniture placed in the right-of-way in accordance with this section shall be of new or like-new appearance, and shall be painted or stained as necessary to prevent decay, weathering, or rust. Acceptable materials shall include metal.
(2)
Furniture with any mechanical functions, including, but not limited to, folding and reclining, are prohibited. Pointed or sharp finishes are prohibited.
(3)
No furniture shall be affixed or permanently attached to any public improvements within the right-of-way, including the sidewalk.
(4)
The permittee is responsible for repair of any damage to the sidewalk caused by the outdoor furniture.
G.
Use of any form of heating device must meet City of El Reno Fire Department regulations.
H.
Removal for civic events, utility improvements, or other public needs.
(1)
Furniture placed in the right-of-way shall be removed within 24 hours' advance notice by the City of El Reno for scheduled civic events or other public needs. In the event of an emergent need to utilize the right-of-way, the City may require immediate removal of furniture. The permittee shall not be entitled to any refund for such removal. The City shall not be responsible for any costs associated with the removal or the return and installation of any outdoor furniture or retail display.
(2)
The City may cause the immediate removal or relocation of all or any part of the sidewalk retail display in emergency situations or when the permittee fails to otherwise remove outdoor furniture or retail display upon request. The City, its officers, agents and employees shall not be responsible for any damages or loss of outdoor furniture or retail displays removed or relocated and shall not be responsible for any costs associated with the removal or the return and installation.
I.
Exemptions: Installations made by the City of El Reno, within the City easement, are not required to be in compliance with this section, except for the requirement of maintaining ADA-accessible walkways.
J.
Retail display standards.
(1)
The sidewalk retail display shall be maintained in a neat and orderly appearance at all times and shall be cleared of all debris on a periodic basis during the day and at the close of each business day.
(2)
The permittee is responsible for repair of any damage to the sidewalk caused by the sidewalk retail display.
(3)
One sign may be displayed on the sidewalk only during hours of operation of the business. The sign shall not exceed four square feet, shall not be higher than four feet in height and shall not be within four feet of the curb.
(4)
Merchandise and display fixtures shall not exceed five feet in height when abutting the building and four feet when not abutting the building.
(5)
A sidewalk retail display area shall not exceed 100 square feet for all outdoor display areas.
(6)
Sidewalk retail display is prohibited at any time the use of the abutting building is not open for business and is prohibited between the hours of 11:00 p.m. and 7:00 a.m.
[1]
Editor's Note: Former § 361-21, Oil, gas and disposal wells, was repealed 6-12-2018 by Ord. No. 9147.
§ 361-22 (Reserved) [1]
[1]
Editor’s Note: Former § 361-22, Pumping equipment for oil and gas wells, was repealed 6-12-2018 by Ord. No. 9147.
§ 361-23 Signs.
[Amended 5-6-2003 by Ord. No. 2960]
A.
Title. This section shall be known as the "City of El Reno Sign Ordinance."
B. ANIMATED SIGNS(1) (2) CANOPY SIGN CHANGEABLE COPY SIGN CITY WAY-FINDING SIGNS DIRECTIONAL SIGNS DISPLAY SURFACE AREA FUTURE LOCATION SIGNS GROUND SIGN ILLUMINATED SIGN INGRESS/EGRESS SIGN MURAL OFF-PREMISES SIGN POLE SIGN PORTABLE OR TEMPORARY SIGN PROJECTING SIGN PROJECT/REAL ESTATE SIGN REAL ESTATE SIGN REAR ENTRANCE SIGNS ROOF SIGN SIGHT TRIANGLE SIGN SPECIAL EVENT DIRECTORY SIGN VEHICULAR OR TRAILER SIGN WALL SIGN WINDOW SIGN
Definitions. The following are definitions of words and terms as they are used in this section. Any term not contained within this list shall be construed to be used in this section as defined in the latest edition of Webster's Unabridged Dictionary.
A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable copy signs as defined and regulated by this chapter, include the following types:
[Amended 8-12-2014 by Ord. No. 9061]
FLASHINGAnimated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination. For the purposes of this section, "flashing" will not be defined as occurring if the cyclical period between on-off phases of illumination exceed four seconds.
PATTERNED ILLUSIONARY MOVEMENTAnimated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purposes of producing repetitive light patterns designed to appear in some form of constant motion.
A sign that is mounted or painted on or attached to an awning, canopy or marquee that is otherwise permitted by this chapter.
[Added 8-12-2014 by Ord. No. 9061]
A sign on which a copy is changed manually with changeable letters or changeable pictorial panels.
Signage uniform in design, size, color and appearance that is approved by City Council and placed on public property to inform visitors of local goods, services and attractions. Regulations concerning the content and placement of such signs shall be established by Council via resolution.
[Amended 3-2-2010 by Ord. No. 8004]
A sign erected by the City of El Reno, County of Canadian County, State of Oklahoma, or any other governmental agency to identify routes or thoroughfares, cities, towns, educational or religious institutions, historic places or hospitals or to regulate traffic in the interest of public safety.
See § 361-10, "sign display surface area."
Signs identifying the future occupancy of an appropriately zoned tract of land.
A freestanding accessory sign of limited height which is secured to a fixed base, usually at ground level or a slight elevation above ground rather than being pole-mounted.
A sign designed to give forth any artificial light, or designed to reflect light from one or more sources, natural or artificial.[1]
A sign for directional purposes located at points of entering and exiting from alleys or driveways.
Noncommercial pictures, scenes, maps or diagrams approved by the Municipal Planning Commission under advisement of the Convention and Visitor Bureau. Regulations concerning the content and placement of murals shall be established by Council via resolution.
[Added 3-2-2010 by Ord. No. 8004]
Any sign, including a billboard or general outdoor advertising device, which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere than on the same lot or within the same building upon which such sign is located.
An accessory sign which is attached to or part of a completely self-supporting structure. The supporting structure is not attached to any building or any other structure and is anchored firmly to or below the ground surface.
A transportable sign designed for temporary or permanent use in compliance with the structural and electrical code of the City of El Reno.
A sign erected on the face or outside wall of a building which projects out at any angle therefrom.[2]
A sign located upon the property under development for purposes of identifying construction site or future occupant.
A sign indicating the availability for sale, rent or lease of the lot or parcel of land, building or portion of a building upon which the sign is erected or displayed.
Wall-mounted signs identifying entrances or parking located in the rear of the subject occupancy.
A sign painted on the roof of a building or supported by poles, uprights or braces extending from the roof of a building; or projecting above the roof line of a building, but not including a sign projecting from or attached to a wall as permitted by this Code.
An area which is clear of all structures or other sight impediments formed by measuring back equal distances along two intersecting lines of street right-of-way, curblines or driveway lines; then connecting said points to form a triangle adequate to provide safe ingress and egress for vehicular traffic, as determined by the City of El Reno.
See § 361-10, "sign."
One sign which carries a message regarding a special event or function which is of general interest to the community.
A sign affixed to a vehicle or trailer used for the primary purpose of advertising and not transportation and/or hauling of goods.
An attached sign painted on or attached to the wall or surface of a building or display surface which is parallel to the supporting surface.
Any sign painted on the surface of, located on the interior of or flashing through a display window.
C.
Application requirements.
(1)
Unless otherwise exempt by this chapter, permits shall be required for any new sign and for structural or electrical modifications or repairs to existing signs. Message changes in changeable copy signs or minor electrical repairs do not require a sign permit. The City of El Reno will provide sign permit application forms, which must be completed prior to City review.
(2)
Application content:
(a)
A written statement by the owner of the property, authorizing the erection of a sign; name, address, and telephone number of the owner of the property.
(b)
Name, address, telephone number and signature of sign contractor, if any.
(c)
Legal description of property upon which the sign is located.
(d)
A scale drawing of the sign.
(e)
A plot plan of sign location, drawn to scale.
(f)
Current zoning of business location.
(g)
The approximate value of sign to be installed.
(h)
Any animated sign requires the approval of the Public Works Director and the Municipal Planning Commission.
(i)
Any freestanding sign must have a detailed illustration of its footing and frame structure. Additional documents and sealed plans may be required to validate its structural integrity.
(j)
Permit applications for off-premises signs that abut federal or state highways must also be accompanied by proper licenses or permits.
D.
Special signs (exempt with conditions). The following special signs are allowed in all zoning districts and are not required to have permits under the described conditions:
(1)
Signs to serve governmental functions for the United States, State of Oklahoma and City of El Reno.
(2)
Flags, provided that said flags shall not be used in such a way to attract the attention of the public for commercial purposes.
(3)
Seasonal/Holiday signs, provided that their erection shall not occur prior to 30 days before the holiday and their removal shall take place no less than 30 days after the holiday.
(4)
Political signs, provided that such signs are not erected more than 30 days prior to election and all are removed within five days after the election to which the sign pertains.
[Amended 3-2-2010 by Ord. No. 8004]
(5)
The following special signs are allowed in any R-3, R-4, agriculturally, commercially or industrially zoned district and are not required to have permits under the described conditions:
(a)
Special event sign: one sign, provided that said sign shall not exceed 32 square feet per sign face, shall not exceed seven feet in height, and shall not be erected for a period longer than five days after the event.
(b)
Special event directory sign, provided that said sign shall not exceed 16 square feet per sign face, four feet in height or be erected for a period longer than 30 days.
(c)
Rear entrance signs, provided that such sign shall be wall mounted and not exceed 12 square feet in sign area.
(d)
Ingress/Egress sign, limited to one sign at each point of ingress and egress, not exceeding four square feet per face.
(e)
Permanent interior window identification signs, not exceeding an aggregate area equaling 80% of the window and/or glass area upon which said sign is painted.
(f)
Other temporary window signs not exceeding an aggregate area equaling 20% of the window and/or glass area said sign is painted upon.
(g)
Project/Real estate sign: one sign not exceeding 32 square feet per sign face, located on the premises being developed, which shall be removed within 15 days of the issuance of the occupancy permit for the subject property.
(h)
Future location sign: one sign not exceeding 32 square feet per sign face and seven feet in height.
(i)
City way-finding signs.
[Added 3-2-2010 by Ord. No. 8004]
(j)
Murals.
[Added 3-2-2010 by Ord. No. 8004]
E.
Agricultural zoning districts.
(1)
Signs constructed in A-1 and A-2 Districts shall be required to meet the following criteria. Any change of existing signs shall comply with these standards.
(3)
Real estate signs (exempt with conditions):
(a)
One sign not exceeding 12 square feet in surface display area may be allowed. Said sign shall advertise only the sale, rental or lease of the premises on which the sign is located.
(b)
(c)
Subdivision entrance signs. A subdivision entrance sign is allowed, provided that it is approved by the Municipal Planning Commission and El Reno City Council.
(4)
Home occupation signs: one nonilluminated name plate not exceeding two square feet in display surface area, attached to main structure.
(5)
Educational, religious, institutional or similar uses:
(6)
Off-premises advertising, allowed with the following conditions: one sign every 2,000 feet along a public roadway with a maximum displacement of 500 square feet. Property lines do not constitute division and said sign(s) must be located a minimum of 100 feet from adjacent property line(s), 50 feet if adjacent property is zoned agricultural; exclusive of street rights-of-way.
F.
Residential zoning districts.
(1)
Signs constructed in R-1, R-2, R-3 and R-4 Districts shall be required to meet the following criteria. Any change of existing signs shall comply with these standards.
(2)
Real estate signs (exempt with conditions):
(a)
One sign, not exceeding 16 square feet in surface display area, may be allowed. Said sign shall advertise only the sale, rental or lease of premises on which the sign is located.
(b)
Only one sign per street frontage.
(c)
Sign advertising lots within subdivisions:
[1]
Shall only advertise the sale or lease of property within the development upon which the sign is placed.
[2]
Shall be removed by developer upon sale of all lots and/or residences within the addition or in five years, whichever occurs first.
[3]
Shall not exceed 15 feet in height or 80 square feet in surface display area.
[4]
Only one sign per street frontage.
(d)
Subdivision entrance signs. A subdivision entrance sign is allowed, provided that it is approved by the Municipal Planning Commission and El Reno City Council.
(3)
Home occupation signs: one nonilluminated nameplate not exceeding two square feet in display surface area.
(4)
Educational, religious, institutional or similar uses:
(5)
Project/Real estate sign: one sign not exceeding 32 square feet per sign face, located on the premises being developed, which shall be removed within 15 days of the issuance of the occupancy permit for the subject property.
(6)
Future location sign: one sign not exceeding 32 square feet per sign face and seven feet in height.
G.
Commercial Office Zoning District.
(1)
Signs constructed in a CO District shall be required to meet the following criteria. Any change of existing signs shall also comply with these standards.
(a)
One business sign, not exceeding 32 square feet in display area, may be erected on each street frontage of the lot. If this sign is pole-mounted, it shall not exceed the height of the building in which the principal use is located or 20 feet, whichever is lower.
(b)
Wall signs may be erected not exceeding an aggregate display surface area equal to two square feet per lineal foot of street frontage.
(c)
No signs advertising products not sold on the premises will be permitted.
(d)
No signs shall be permitted upon lots not containing one business establishment, except as provided elsewhere in this section.
(3)
Educational, religious, institutional or similar uses:
H.
Commercial zoning districts.
(1)
Signs constructed in CC, CR, CAR, CSC and CBD Districts shall be required to meet the following criteria. Any change of existing signs shall comply within these standards.
(a)
Wall or canopy signs may be erected, not exceeding an aggregate surface display area of three square feet per each lineal foot of building wall to which the sign(s) is affixed.
(b)
In addition to the wall or canopy signs permitted hereinabove, a lot containing one business establishment may erect pole or ground signs of 2.0 square feet of display area per lineal foot of street frontage; provided, however, that if more than one such pole or ground sign is erected, an aggregate display area not exceeding 1.0 square foot per lineal foot of street frontage shall be allowed.
(c)
Ground or pole signs shall not exceed the maximum height allowed for structures in the zoning district upon which it is located.
(d)
In the CBD (Central Business District), ground signs shall not exceed 35 feet in height or the height of the principal building upon the lot, whichever is higher.
(2)
Off-premises advertising on developed and undeveloped lots: no more than three additional businesses advertised on existing commercially zoned lots. Off-premises total all signs size no larger than 80 square feet. Permit fee for off-premises signs will be twice the regular sign permit fee.
(4)
Educational, religious, institutional or similar uses:
(5)
I-40 Sign Overlay District.
(a)
It is the intent of this section to establish an overlay district with the name of the "I-40 Sign Overlay District" which stipulates certain rules, regulations and criteria which shall be held in conformity to attract business and industry and provide protection of the environmental setting of contiguous residential areas. The regulations of the underlying zoning district or districts remain applicable except as specifically modified pursuant to the provisions of this section.
(b)
The I-40 Overlay District shall include all properties zoned commercial or industrial located within a circle centered at the intersection of I-40 and Country Club Drive and the intersection of I-40 and U.S. Highway 81 described by a radius of 1,320 feet plus a corridor 500 feet on either side of the center line of Interstate I-40 connecting the two areas described above.
(c)
In addition to the overlay district defined in Subsection H(5)(b) above, an additional overlay district applicable only to regulations for freestanding signs is created and defined as follows: all property within 330 feet of the center line of Country Club Drive extended north to a line created by the connection of the center points of Section 17 and Section 18, Township 12N, Range 7W, and all property 330 feet from the center line of U.S. Highway 81 north to the center line of the intersection of U.S. 81 and Southwest 27th Street.[4]
(d)
It is the intent of this sign overlay district to provide all commercially and industrially zoned property near the interstate highway system and the two intersecting streets with the opportunity to erect freestanding signs higher and greater in sign area than other commercially and industrially zoned properties not in close proximity to Interstate I-40 to permit development of business from vehicles traveling on the interstate highway system.[5]
(e)
Sign height. Within the above described sign overlay district, all freestanding pole signs may be erected to a height of 70 feet.
(f)
Sign area. Within the above described sign overlay district, any single freestanding pole sign may be erected having a maximum sign face area of 600 square feet. Sign face area shall include all framing, logos and all additions made outside the sign proper.
I.
Industrial Zoning Districts.
(1)
Signs constructed in I-1 and I-2 Districts shall be required to meet the following criteria. Any change of existing signs shall also comply with these standards.
(a)
Wall or canopy signs may be erected, not exceeding an aggregate surface display area of three square feet per lineal foot of building wall to which the sign(s) is affixed.
(b)
In addition to the wall or canopy signs permitted hereinabove, a lot containing one business establishment or vacant lot may utilize for business sign or outdoor advertising one projecting or ground sign of 2.0 square feet of display surface area per lineal foot of street frontage; provided, however, that if more than one such pole or ground sign is erected, an aggregate display area not exceeding 1.0 square foot of display surface area per lineal foot of street frontage shall be allowed.
(c)
Ground or pole signs shall not exceed the maximum height allowed for structures in the zoning district upon which it is located.
(3)
Off-premises advertising within Industrial Zoning Districts. Off-premises advertising on developed and undeveloped lots: no more than one off-premises advertising sign per lot and must meet the following standards:
[Amended 2-10-2015 by Ord. No. 9073]
(a)
Signs must be a minimum of 1,000 feet from the next nearest off-premises advertising sign. Billboard display size shall not exceed 162 square feet per display face, with no more than two one-hundred-sixty-two-square-foot display faces per side. In the event two billboard display faces are used, then one must be stacked directly and evenly over the other, with a minimum of eight inches of space between the top and bottom display.
(b)
Unless a billboard's display face is covered with an attached electronic LED digital display, then it must be covered with two different vinyl display covers as follows: a backup vinyl cover that covers the entire metal frame of the billboard's display face, and a second vinyl cover that covers the entire outside of the backup vinyl. Vinyl must be maintained at all times.
(c)
The only authorized paint colors allowed to be used on any portion of a billboard must be either off-white, gray, brown, or black.
(d)
Billboard frames, faces, support poles, and all components must be composed of metal, all constructed to withstand a wind of no less than 150 miles per hour.
(e)
The maximum height from the ground to the bottom of a billboard's lowest display shall be 20 feet. The maximum overall height of a billboard structure with two stacked faces per side shall be 40 feet, measured from the ground to the top of the billboard. The maximum overall height of a billboard structure with one single face per side shall be 29 feet, measured from the ground to the top of the billboard.
(f)
A billboard sign can be located no nearer than five feet to the outside edge of a utility line, City water line, gas line, property line, utility easement, or roadway easement.
(g)
All billboards shall have no more than one metal support pole extending from the ground into their upper structure, constructed in a manner adequate to support required weight. All billboard support poles must be coated with a minimum of two coats of industrial grade paint, painted from ground level to at least two feet above the bottom of the billboard's lower face, and must be maintained at all times. Any such billboard support pole with faded, spotted, or flaking paint must be repainted by its owner.
(h)
Any billboard that is damaged by wind, tornados, storms, vehicles, acts of God, or in any other significant manner must then be either restored by its owner to its original condition as quickly as possible, or it must be removed from its location by its owner within 120 days of said occurrence.
J.
Prohibited signs. The following signs and structures are prohibited:
(1)
Any installation performed in violation of this chapter.
(2)
Any sign that is structurally unsafe or constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation.
(3)
Any sign that is abandoned. "Abandonment" is defined as one that is representing a business or activity that is no longer conducted upon the premises where the sign is located and has not conducted business for more than 90 days.
(4)
Signs not permanently affixed to any structure.
(5)
Any sign that in any way obstructs the view of, may be confused with or purports to be an official traffic sign, signal or other device or any official sign.
(6)
Strings of exterior light bulbs used in connection with open display sales, other than traditional holiday decorations, which may be activated 30 days before the holiday and must be deactivated no less than 30 days after the holiday.
[Amended 8-12-2014 by Ord. No. 9061]
(7)
Trailer signs and portable signs not in conformance with the Building Code.
(8)
Any sign or structure in the right-of-way or on City property without proper permission.
K.
Summary abatement.
(1)
Any sign or structure that is on public property or in the right-of-way may be obliterated summarily without notice by the City Manager or his designee.
(2)
Any sign that is not in the right-of-way but is believed to be a threat to public safety or that has been illegally erected may be subject to removal as a public nuisance in accordance with § 275-135 of the Municipal Code.
L.
Advertising of medical marijuana and medical marijuana products.
[Added 9-27-2018 by Ord. No. 9162; amended 10-8-2019 by Ord. No. 9209]
(1)
Purpose. Regulating commercial advertising of medical marijuana and medical marijuana products via signs is a reasonable and necessary means to protect and promote the general welfare of the children and minors of the City of El Reno exposed to various media advertising marijuana or marijuana products. Judicial precedent has repeatedly recognized that children and minors deserve special solicitude because they lack the ability to assess and fully analyze the information presented through commercial advertising. Signs which can be seen from the outdoors are a unique and distinguishable medium of advertising which subject the general public to involuntary and unavoidable forms of solicitation. These regulations promote the general welfare and temperance of children and minors and are intended to help reduce the illegal consumption and purchase of marijuana and marijuana products by children and minors by limiting their exposure to the advertising of marijuana and marijuana products on certain on-site and off-site signs.
(2)
Relationship to other sign regulations.
(a)
The provisions in this subsection shall supersede any conflicting provisions of this Code, including but not limited to the City of El Reno Sign Ordinance set forth in § 361-23, Chapter 361 (Zoning Code). All other regulations in this Code not in conflict with this subsection shall continue to apply to signs subject to this subsection. The provisions in this subsection are not intended to conflict with, supersede, or limit state law.
(b)
Any ideological, political or other noncommercial message may be placed on any sign permitted by this subsection.
(3)
Definitions. When used in this Code, words and phrases shall have the meaning as defined pursuant to the rules adopted by the Oklahoma State Department of Health, Oklahoma Administrative Code § 310:681-1-1, et seq., and as they may be amended from time to time.
(4)
Prohibition of commercial medical marijuana advertising on off-site signs.
(a)
No person shall place, permit, or maintain on any off-site sign, including, but not limited to, temporary signs on temporary construction walls, a poster, placard, device, graphic display, or any other form of commercial advertising for marijuana, marijuana products, or marijuana activity in any publicly visible location within 300 feet of any school, public park, public library, alcoholism or drug abuse recovery or treatment facility, day-care center, and permanent supportive housing, except as permitted under Subsection L(5).
(b)
The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of a school, public park, public library, alcoholism or drug abuse recovery or treatment facility, day-care center, and permanent supportive housing to the closest visible edge of the advertising sign face of the off-site sign without regard to intervening structures.
(5)
Exceptions to prohibition of marijuana advertising on off-site signs.
(a)
The prohibitions set forth in Subsection L(4), above, shall not apply to the following signs advertising marijuana, marijuana products, or marijuana activity. This subsection shall not be construed to permit any sign that is otherwise restricted or prohibited by law.
(b)
Any sign advertising marijuana or marijuana products placed:
[1]
Inside the premises of a building where the occupying business is licensed by the City and the state to sell marijuana or marijuana products, unless such sign is a window sign in compliance with City of El Reno Codes; or
[2]
On commercial vehicles used exclusively for transporting or delivering marijuana or marijuana products and which are operated by persons licensed by the City and state to transport or deliver marijuana or marijuana products.
(c)
The display of public service messages or similar announcements cautioning against the use of marijuana or marijuana products or that are designed to encourage minors to refrain from using or purchasing marijuana or marijuana products. However, this subsection shall not be construed to permit an advertisement that purports to caution against the use of marijuana or marijuana products when that message is conveyed in conjunction with the display of a logo, trademark or name used by any person or entity engaged in any marijuana activity for marketing or promotion of marijuana or marijuana products.
(6)
Restrictions on advertising marijuana and marijuana products on on-site signs. The following regulations shall apply to on-site signs for a business engaged in marijuana activity:
(a)
Only one on-site sign per street frontage is allowed. Any such sign shall be included in the maximum sign area allowed for the property.
(b)
Any sign required by law, or required or recommended by a government agency or utility company, is allowed in addition to signs authorized by Subsection L(6)(a).
(c)
Any sign or signs identifying that the premises are protected by a security company is allowed in addition to signs authorized by Subsection L(6)(a), and the aggregate area of such signs is limited to 30 square inches.
(d)
Other than signs described in Subsection L(6)(b) and (c) above, any sign authorized by Subsection L(6)(a) is limited to displaying the following information: name of business; logogram of business; and business' address, hours of operation and contact information. Other than the foregoing information, no advertising for marijuana or marijuana products shall be displayed on any sign in a publicly visible location.
(e)
Portable signs or sandwich signs located in the public right-of-way are prohibited.
(f)
Spinner signs are prohibited.
(g)
Illuminated architectural canopy signs are prohibited.
(h)
Marquee signs are prohibited.
(i)
Roof signs are prohibited.
(j)
Temporary signs are permissible only on private property.
(k)
Moving signs and signs with moving parts are prohibited.
(l)
Super graphic signs are prohibited.
§ 361-24 Child-care institutions.
[Amended 11-4-2003 by Ord. No. 2968]
A. CHILD or MINOR CHILD-CARE CENTER CHILD-CARE INSTITUTION DAY CARE FAMILY CHILD-CARE HOME LARGE FAMILY CHILD-CARE HOME NURSERY SCHOOL or DAY-CARE NURSERY
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any person who has not attained the age of 18 years.
A place where care and protection, for six or more hours per day, for 13 or more children takes place.
Any public or private institution, day-care center or family day-care home, providing part-time care for children away from their own homes, and which is owned or controlled by a political subdivision, a corporation, an unincorporated organization or association or an individual.
Care and supervision of a child who resides in his/her own home or with relatives but is in the care, for part of the day, of another person(s) who is conducting a family day-care home or person(s) conducting a day-care center.
An existing single-family dwelling where care and protection, for six or more hours per day, for seven or fewer children, takes place and is secondary to the use of the structure as a residence.
An existing single-family dwelling where care and protection, for six or more hours per day, for eight children to 12 children takes place.
The main purpose is educational, recreational or medical related and is provided for three or fewer hours per day and is exempt from this section.
B.
Regulations.
(1)
Child-care institutions who are required to be licensed by the Oklahoma Department of Human Services or its equivalent must also be licensed by the City of El Reno. Licenses are valid for one year from the date of issuance.
(2)
Before obtaining a license from the City of El Reno, the child-care institution must submit the following:
(a)
A completed City of El Reno child-care license application.
(b)
An annual base fee of $25, plus $1 for each child who is receiving care.
(c)
A valid license from the Oklahoma Department of Human Services that meets or exceeds the number of children for which it is caring.
(d)
Proof of an approved inspection from the Community Development Director or his designee to validate that there are no Municipal Code violations on the property that could be detrimental to the welfare of children or staff.
(e)
Proof of an approved inspection from the Fire Chief or his designee to validate that the premises meet all applicable codes.
§ 361-25 Landscaping.
All new development and redevelopment areas, except agricultural, shall be landscaped with trees, ornamental shrubs, and green areas to provide visual buffering, to enhance the beautification of the City, to safeguard and enhance property values, to protect public and private investment, and to protect the public health, safety and general welfare of the citizens of El Reno.
A.
"Landscaped area" shall be defined as the area within the boundaries of a given lot which is devoted to and consists of plant material, vines and other ground covers, planters, brick, stone, natural forms, water forms, aggregate or other inorganic features, but not including the use of smooth concrete or asphalt; provided, however, that the use of brick, stone, aggregate or other inorganic materials shall not predominate over the use of the organic plant material.
B.
The property owner in all zoning districts shall be responsible for landscaping the area between the street right-of-way line and the curbline. This area shall not be hard surface other than a permitted driveway or sidewalk.
[Amended 8-12-2014 by Ord. No. 9061]
C.
For single- and two-family dwellings, one tree and two shrubs are required in the front yard, and one tree per dwelling unit is required in the rear yard.
[Amended 4-9-2019 by Ord. No. 9193]
D.
For all land uses other than agricultural, or single- or two-family dwellings:
[Added 4-9-2019 by Ord. No. 9193[1]]
(1)
No less than 5% of developed land area shall be reserved as open, landscaped, or natural space.
(2)
One tree and two shrubs shall be provided for each 400 square feet of required open, landscaped, or natural space. No less than 60% of these trees and shrubs shall be located in the front or corner yards.
(3)
Artificial grass, synthetic plants, gravel, and impervious cover shall not be included as part of open, landscaped, or natural space.
[1]
Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.
E.
Trees planted shall meet the following criteria: All tree species shall be at least of a two-inch caliper and at least six feet in height when planted. The crown shall be in good balance with the trunk. Shrubs shall be a minimum of three gallons.
[Amended 4-9-2019 by Ord. No. 9193]
F.
Vegetation planted to ensure conformance with screening requirements (§ 361-17 of this Code), the sensitive border standards (§ 361-77), and/or the Route 66 Overlay District requirements (§ 361-112) can be used to offset the number of trees and shrubs required by this section, provided that the requirements of this section are met pertaining to the total number of plantings required in the front yard and overall.
[Added 4-9-2019 by Ord. No. 9193[2]]
G.
Tree list.
(1)
A suggested list of suitable trees for planting within the City has been prepared and listed below. These tree types listed were selected due to their ability to respond to the environmental conditions within El Reno. The factors considered in tree selection were soil conditions in relation to growth, the tree's ability to cope with the climate, and its survival rate as an urban tree. Low maintenance, a moderate growth rate, and aesthetic quality were also considered.
[Amended 4-9-2019 by Ord. No. 9193]
Suggested Trees | ||
|---|---|---|
Youpon Holly | Water Oak | Austrian Pine |
Golden Rain Tree | Honey Locust (thornless) | Scotch Pine |
Hackberry | Caddo Maple | Slash Pine |
Japanese Black Pine | London Planetree | Loblolly Pine |
Sycamore | Chinese Pistache | Sweet Gum |
Red Oak | Japanese Zelkova | Carver Juniper |
Shumard Oak | River Birch | Lacebark Elm |
Oklahoma Redbud | ||
(2)
The above list is not an all-inclusive list of street trees which may be planted; however, other selections must be approved by the Community Development Director prior to planting within the street right-of-way.
H.
A landscaping plan is required to be submitted as part of the building permit application. This plan shall show details of all open, landscaped, and natural areas throughout the site. If landscaping is to be used as sightproof screening, the entire plan may be contained in one submission. The plan shall meet the following requirements:
[Amended 4-9-2019 by Ord. No. 9193]
(1)
The type of plant material shall be identified specifically, be either shown on civil drawings or as they relate to civil drawings, and be called out in quantities.
(2)
The total amount of required open, landscaped, and natural areas, and total required trees and shrubs to satisfy this section, as well as screening requirements (§ 361-17), the sensitive border standards (§ 361-77), and/or the Route 66 Overlay District requirements (§ 361-112), as each are applicable, shall be disclosed on the plan.
(3)
The total amount of provided open, landscaped, and natural areas, as well as the total number of provided trees and shrubs, shall be disclosed on the plan.
(4)
The plan shall especially respect sight triangles at intersections and be approved for all elements relating to traffic control.
(5)
The location and type of irrigation shall be shown on the plan.
I.
Irrigation.
[Added 4-9-2019 by Ord. No. 9193[3]]
(1)
The property owner shall be responsible for maintenance and irrigation of all required natural areas and landscaping required in the Code of Ordinances of the City of El Reno. Irrigation shall be in place and operational prior to an inspection for a certificate of occupancy on any project in which landscaping is required. Irrigation shall be of one of the following methods:
(a)
An automatic water-saving irrigation system (drip, porous pipe, soaker hose, etc.) equipped with rain and freeze sensors.
(b)
An automatic underground irrigation system equipped with rain and freeze sensors.
(c)
Xeriscaping without irrigation, or with temporary irrigation, may be permitted if a care plan is signed by the owner and occupant.
(d)
Existing undisturbed natural areas do not require irrigation.
(2)
Irrigation shall not be required for single- and two-family residences.
J.
A certificate of occupancy for any use shall not be issued until the landscaping has been installed in accordance with the plan; and it shall be illegal for any person, firm, or corporation to occupy or operate a business in any new structure for which landscaping, as shown by the plans, is not provided; except that if a structure and all site improvements are complete except for these landscaping requirements and the season of the year will not permit the planting and growing of plants, temporary occupancy may be permitted by the Director until a date certain in the growing season. If the landscaping has not been completed by said date, the property owner shall be in violation of this code, or a temporary extension may be obtained as approved by the Director for a period not to exceed one thirty-day period. If the landscaping has not been completed by this inspection date, the same shall constitute a violation of this section; and upon conviction the person, firm, or corporation granted the temporary occupancy permit shall be fined not more than $130, and each day that landscaping is not completed shall constitute a separate offense.
[Amended 4-9-2019 by Ord. No. 9193]
K.
It shall be the responsibility of the property owner to maintain in good condition all the improvements required by this section. Any required fence or screening which is damaged shall be repaired within 30 days, and any vegetation which dies shall be replaced within 60 days.
[Amended 4-9-2019 by Ord. No. 9193]
L.
When it is determined by the Community Development Director, or the Director's designee, that improvements required by this section are not being maintained, it shall be the Director's or designee's duty to give notice, in writing, to the property owner. Such notice shall specify in what manner the improvements are in need of maintenance and a date for compliance. The property owner shall have not less than 30 days to comply with the notice; provided, however, that any person aggrieved by any such order or disagreeing with any of the requirements of the notice may file an appeal within the thirty-day period to the Board of Adjustment.
M.
Failure to provide the improvements required by this code or failure to maintain required improvements in the manner prescribed by this code shall constitute an offense and violation of this code.
§ 361-26 Satellite receiving stations.
The location, construction, or placement of satellite receiving stations in residential areas is permitted, subject to the following conditions:
A. SATELLITE RECEIVING STATIONS, DISHES OR EARTH STATIONS
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any antenna, dish or other device, the purpose of which is to receive communications or other signals from orbiting satellites or other extraterrestrial sources.
B.
Construction and location requirements.
(2)
When placed on residentially zoned property, said device shall set back from side and rear property lines a distance of no less than that required for accessory buildings within the same zoning district.
(3)
No such device shall be placed within the front yard setback area of a residentially zoned lot or tract of land.
(4)
The height of such devices shall not exceed the height of the principal building upon the lot where said device is placed.
§ 361-27 Wireless telecommunications towers, telecommunications facilities and antenna support structures.
[Added 7-3-2001 by Ord. No. 2921; amended 8-12-2014 by Ord. No. 9061; 9-8-2020 by Ord. No. 9239]
A.
Purpose. The purpose of these regulations is to regulate the placement, construction, and modification of commercial towers and telecommunications facilities in order to protect the health, safety, and welfare of the public, while at the same time providing for future development to improve telecommunications service quality in El Reno.
B. ACT ANTENNA ANTENNA SUPPORT STRUCTURE APPLICANT CO-LOCATION COMMERCIAL COMMUNICATION TOWER LATTICE TOWER MICROCELL MONOPOLE STEALTH TELECOMMUNICATIONS FACILITIES ZERO-FALL RADIUS
Definitions. The following words, terms, and phrases, when used herein, shall have the following meanings:
The Telecommunications Act of 1996, P.L. No. 104-104, to deregulate the telecommunications industry, providing a more competitive environment for wired and wireless telecommunication services in the United States.
Any structure or device used to transmit or receive electromagnetic or optical signals for television, radio, digital, microwave, cellular, telephone, personal communication system (PCS) or similar forms of wireless telecommunication.
Any building or structure other than a tower which can be used for location of telecommunications facilities.
Any person that applies for a building permit, a conditional use permit, a variance, or an exception.
Locating wireless telecommunication facilities owned by more than one provider on a single tower or antenna support structure.
A tower constructed and operated primarily for a business purpose or purposes, and which is a self-supporting lattice, guyed, or a monopole structure constructed from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operators' equipment, as licensed by the Federal Communications Commission (FCC).
A self-supporting support structure, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment.
A wireless communication facility consisting of an antenna that is either:
A wireless communication facility which consists of a monopole structure, erected on the ground to support wireless communications antennas and any connecting appurtenances.
Any commercial tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower, such as light poles, power poles, and trees. The term "stealth" does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole tower designs.
Any cables, wires, lines, wave guides, antennas, and any other equipment or facilities, including buildings, shelters, or cabinets that house telecommunications providers' equipment, associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a commercial tower or antenna support structure.
A tower shall be described as having a "zero-fall radius" by the terms of this Code if an engineered plan is submitted detailing that in the event of collapse of the tower, the tower is constructed to snap and fall in a way that the entire tower remains inside the fenced-in lease space.
C.
Applicability. All towers, telecommunications facilities, antenna support structures, and any portion of which are located within the City of El Reno, shall be subject to these regulations, except as follows:
(1)
Amateur radio operators. The requirements of these regulations shall not govern any short-wave radio tower that is owned and operated by a federally licensed amateur radio station or is used exclusively for receive-only purposes.
(2)
Satellite dish antennas. These regulations shall not apply to satellite dishes mounted on the ground, on walls, or on roofs.
(3)
Utility poles. These regulations shall not apply to utility poles which are utilized for the support of electrical, telephone, cable television, or similar cables and wires, located on public rights-of-way or easements for that purpose, and are part of a system of such poles throughout the City of El Reno.
D.
Building permit required.
(1)
No person shall build, erect, or construct a tower and/or telecommunications facilities unless a building permit shall have been issued by the City, and, if necessary, approval by the El Reno Municipal Planning Commission has first been obtained.
(2)
An application for a building permit to construct a tower and/or telecommunications facilities shall include:
(a)
The name, address, and telephone number of the owner and lessee of the parcel of land upon which the tower and/or telecommunications facilities are situated. If the applicant is not the owner of the parcel of land upon which the tower and/or telecommunications facilities are situated, the written consent of the owner shall be evidenced in the application.
(b)
The legal description and address of the parcel of land upon which the tower is situated.
(c)
A map showing the location of other towers or usable antenna support structures within a one-half-mile radius of the proposed new tower and/or telecommunications facilities site, including City-owned property.
(d)
A map showing the target area the tower is proposed to be located in, and the target coverage area of the proposed tower.
(e)
An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or co-locate the applicant's telecommunications facilities on existing towers located within a one-half-mile radius of the proposed tower site.
(f)
Construction drawings stamped by a licensed engineer which meet or exceed the Building Code.
(g)
Towers being constructed with a zero-fall radius shall include the means by which the zero-fall radius is attained on an additional sheet stamped by a licensed engineer within the construction drawings.
(h)
A site plan showing the proposed location, and detailing compliance with the parking, landscaping, and screening requirements of this section.
(i)
The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the City to condition or deny on the basis of RF impacts the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. In order to provide information to its citizens, the City shall make available upon request copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards.
(j)
Payment of a permitting fee of $250 for a telecommunications facility; or $100 for a co-located or stealth designed facility.
(3)
The City may require an applicant to supplement any information that the City considers inadequate or that the applicant has failed to supply. The City may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection. Applications shall be reviewed by the City in a prompt manner, and all decisions shall be supported in writing, setting forth the reasons for approval or denial.
E.
Zoning requirements.
(1)
A tower shall be a conditional use in all commercial and residential zoning districts, including the Mixed Use Business (MUB) Zoning District and Planned Unit Developments (PUDs). No person shall build, erect, or construct a tower upon any parcel of land within any commercial or residential zoning district as described above unless an application for a conditional use permit shall have been made and approved by the Municipal Planning Commission, and a building permit shall have been made and a permit issued by the City. Application shall be made to the City in the manner provided for in these regulations.
(2)
A tower shall be a permitted use by right in the agricultural and industrial zoning districts. A conditional use permit shall only be required within these districts for a special exception, as provided for in Subsection O of this section.
(3)
Antennas supported on antenna support structures, and accessory telecommunication facilities which are designed as an architecturally compatible element, shall be permitted in any nonresidential zoning districts. No person shall build, erect, or construct antennas or accessory telecommunication facilities upon any parcel of land within any nonresidential zoning district unless an application for a building permit shall have been made and a permit issued by the City. Application shall be made to the City in the manner provided for in these regulations.
(4)
Antennas supported on antenna support structures, and accessory telecommunications facilities which are designed as an architecturally compatible element, shall be conditional uses in any residential zoning district. No person shall build, erect, or construct antennas or accessory telecommunication facilities upon any parcel of land within any residential zoning district unless an application for a conditional use permit shall have been made, and approved, by the Municipal Planning Commission, and an application for a building permit shall have been made and a permit issued by the City. Application shall be made to the City in the manner provided for in these regulations.
(5)
Notwithstanding Subsection E(4), antennas supported on municipal facilities, such as water towers, fire stations and other similar buildings or structures, and accessory telecommunications facilities which are designed as an architecturally compatible element, shall be a permitted accessory use in any zoning district. No person shall build, erect, or construct antennas or accessory telecommunication facilities upon any parcel of land as a permitted accessory use within any zoning district unless an application for a building permit shall have been made and a permit issued by the City. Application shall be made to the City in the manner provided for in these regulations.
F.
Tower bulk regulations.
(1)
Maximum height: 150 feet within commercial and residential zoning districts, excluding a lightning rod not to exceed 20 feet in height; 199 feet within all agricultural and industrial zoning districts, with no exclusions.
(2)
Setback restrictions: Towers shall be set back from all property lines a distance equal to the height of the tower, plus any antenna or other structure such as a lightning rod. Guy wire anchors shall be set back at least 20 feet from any property line.
(a)
If proposed tower is a monopole tower and is designed with a zero-fall radius, as defined in this section, the setback shall be administratively lowered to 50 feet from any public right-of-way and 50 feet from any property not under the same ownership as the property upon which the tower is to be constructed.
(3)
Setback restrictions: Accessory structures shall be set back a minimum of 10 feet or as required for structures in the appropriate district, whichever is greater.
(4)
For purposes of measuring setbacks, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall be used for calculations, even though a tower, telecommunications facility, or antenna support structure may be on leased property which only comprises a portion of the lot.
(5)
For purposes of measuring overall height, the tower height shall be measured from the natural undisturbed ground surface at the center of the base of the tower, and shall be measured to the top of the tower structure.
G.
Structural requirements.
(1)
All towers must be designed and certified by an engineer to be structurally sound and must, at a minimum, be in conformance with the Building Code, and any other standards outlined in these regulations herein. All commercial towers in operation shall be fixed to land.
(2)
No new tower shall be designed and built, constructed, or erected in the City unless the tower is capable of co-location. All new towers in excess of 100 feet in height shall provide space for at least two additional telecommunications facilities comparable in weight, size, and surface area to the telecommunications facilities installed by the applicant. All towers in excess of 150 feet in height shall provide space for at least three additional telecommunications facilities comparable in weight, size, and surface area to the telecommunications facilities installed by the applicant.
(3)
Sufficient anticlimbing measures shall be incorporated into the tower, as needed, to reduce the potential for trespass or injury. No portion of any exterior climbing apparatus may extend below a point 15 feet above grade level.
H.
Method of determining tower height. Measurement of tower height for the purpose of determining compliance with all requirements of these regulations shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend more than 20 feet over the top of the tower structure itself. Tower height shall be measured from the natural undisturbed ground surface beneath the center of the base of the tower.
I.
Illumination.
(1)
Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA).
(2)
Security lighting may be installed around the base of a tower or an accessory structure and shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.
J.
Exterior finish. Towers not requiring FAA painting or marking may have a natural galvanized metal finish. Other colors may be approved, by City staff, which minimize the contrast of the tower against the horizon. Colors shall minimize the visibility of the tower to the greatest extent feasible.
K.
Screening, landscaping, and parking. Telecommunications towers permitted under this section shall provide at least one off-street parking space on site, and shall comply with the parking and loading, screening, and landscaping sections of this article.
L.
Stealth design. A reasonable effort shall be made to design and construct towers and telecommunications facilities to minimize their visibility. Equipment placed on rooftops, mounted, or within buildings or structures shall be screened or camouflaged with architectural devices that are visibly opaque in order to blend in with the character and environment of the area in which they are located.
M.
Signs. No advertising or other sign shall be permitted on a tower or antenna, except as may be required by the FCC or FAA, or other state or federal agency, subject to the requirements of § 361-23, Signs.
N.
Telecommunications facilities on antenna support structures. Any telecommunications facilities which are not attached to a tower may be permitted on any antenna support structure, subject to Subsection E(3) and (4) herein. The owner of such structure shall, by written certification to the City, establish the following at the time plans are submitted for a building permit:
(1)
That the height from grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure, and in no case be greater than the maximum permitted structure height of the zoning district in which the telecommunications facilities will be located; and
(2)
That any telecommunications facilities and their appurtenances located above the primary roof of an antenna support structure are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances located above the primary roof of an antenna support structure if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the City. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof, but which do not protrude more than 18 inches from the side of such an antenna support structure.
O.
Special exceptions.
(1)
Notwithstanding the tower requirements provided for herein, a special exception of setback, height, or co-location requirements may be granted by the Municipal Planning Commission as a conditional use permit. If a special exception is requested with a conditional use permit, the following items shall be required in addition to those required in Subsection P of this section:
(a)
In the case of a request for a special exception of the setback requirement, that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the person is to locate the tower at another site which is closer in proximity to residentially zoned land.
(b)
In the case of a request for a special exception of the height limit for towers, telecommunications facilities, or antenna support structures, that the exception is necessary to:
[1]
Facilitate co-location of telecommunications facilities in order to avoid construction of a new tower; or
[2]
Meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer(s) that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved.
P.
Conditional use.
(1)
The Municipal Planning Commission shall consider a conditional use permit application subject to the requirements set out in Article XXII, and shall also take into account the following additional standards:
(a)
Whether or not there are existing or approved towers, or antenna support structures, located within the geographic area necessary to meet the applicant's engineering needs.
(b)
Whether or not there are existing or approved towers or antenna support structures within the applicant's required geographic area that are of sufficient height to meet the applicant's system engineering requirements.
(c)
Whether or not there are existing or approved towers or antenna support structures that are of sufficient structural strength to support the applicant's proposed antenna.
(d)
Whether or not the costs, fees, or other contractual terms required by the owners of existing or approved towers or antenna support structures within the applicant's required geographic area, or to retrofit an existing or approved tower or antenna support structures, are reasonable. Costs exceeding that of a new tower are considered unreasonable.
(e)
Whether or not there are other factors that render existing or approved towers, buildings or structures within the applicant's geographic area unsuitable.
(2)
An application for a conditional use permit shall require the submittal of the following information:
(a)
A map and list of other towers or antenna support structures within a one-half-mile radius of the proposed tower location that can accommodate the proposed needs of the applicant. If existing towers are available, then the applicant shall demonstrate that an alternative location is due to one or more of the following:
[1]
Topographic limitations of the alternative location; or
[2]
Adjacent impediments or physical site constraints that preclude the construction of a tower; or
[3]
Technical limitations of the alternative location; or
[4]
Planned equipment which would exceed the structural capacity of an existing or approved tower, based on existing and planned uses of the applicant; or
[5]
Existing or approved towers do not have space on which proposed equipment can be placed so it can function effectively and reasonably; or
[6]
The applicant demonstrates that there are other limiting factors that render existing or approved towers unusable.
(b)
A description of the proposed tower and the number and type of antennas the tower can accommodate.
(c)
Map of the service area of the tower.
(d)
Minimum height required to serve the desired service area of the proposed tower.
(e)
A color photo simulation of the proposed tower from affected residential properties and public rights-of-way.
(f)
A conceptual site plan and section view of the proposed tower and telecommunications facilities, with particular reference being given to the design characteristics that have the effect of reducing or eliminating visual impacts on adjacent properties.
(g)
The legal description and address of the parcel of land upon which the tower is, or will be, located.
(h)
An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or co-locate the applicant's telecommunications facilities on existing towers or usable antenna support structures located with a one-mile radius of the proposed tower site.
(i)
In order to assist the Municipal Planning Commission in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower or antenna as it would appear viewed from the closest residential property and from adjacent roadways.
(j)
Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate by submitting written evidence from the FCC that the proposed power density meets FCC standards.
(k)
The City, or Municipal Planning Commission, may require an applicant to supplement any information that the City, or Municipal Planning Commission, considers inadequate or that the applicant has failed to supply. The City or Municipal Planning Commission may deny, or table, an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection. Applications shall be reviewed by the City in a prompt manner, and all decisions shall be supported in writing, setting forth the reasons for approval or denial.
Q.
Certifications and inspections. All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the City's Code and federal and state law. For new towers, such certification shall be submitted with an application. The tower owner may be required by the City to submit more frequent certifications, should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.
R.
Maintenance.
(1)
Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
(2)
Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in compliance with the requirements of the National Electrical Code, and all FCC, state, and local regulations, and in such a manner that will not interfere with the use of other property.
(3)
All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.
(4)
All maintenance or construction of towers, telecommunications facilities, or antenna support structures shall be performed by licensed maintenance and construction personnel.
(5)
All towers shall maintain compliance with current RF emission standards of the FCC.
(6)
In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued.
S.
Nonconforming uses and nonconforming structures and modifications. Preexisting towers, telecommunications facilities, and antenna support structures shall not be required to meet the requirements of these regulations, except upon expansion or reconstruction.
T.
Abandonment. Any commercial tower that is no longer in use for its original communication purpose shall be removed at the owner's expense. The owner and/or licensee shall provide the City a copy of its notice to the FCC of intent to cease operations and shall be given 180 days from the date of ceasing operations to remove the obsolete tower and telecommunications facilities. In the case of multiple operators sharing a single tower, this section shall not be effective until all users cease operations. The owner shall restore the site as nearly as practical to its previous condition.
§ 361-28 Exterior finishes.
[Added 6-15-2004 by Ord. No. 2986; amended 12-11-2018 by Ord. No. 9170]
A.
This section shall be known as the "El Reno Veneer Ordinance."
B. ARCHITECTURAL METAL PANEL BRICK FOOTPRINT GUTTERING UNFINISHED VENEER WAINSCOT
Definitions. The following are definitions of words and terms as they are used in this section. Any term not contained within this list shall be construed in this section as defined in the latest edition of Webster's Unabridged Dictionary.
[Amended 1-12-2021 by Ord. No. 9238]
Metal panels used as a veneer for a structure which create a flush appearance along the surface of the panel. By definition, fasteners for architectural metal panel are concealed from view from the exterior of the building.
Any vitrified clay masonry unit that measures at least two inches across and in depth at any point.
Enclosed floor space.
An appurtenance used to divert stormwater from a structure that does not exceed 30 inches in girth at any point.
Not having a coating of weatherproof paint or other similar finish.
A durable protective or ornamental facing; specifically, of stone, brick, stucco, siding, or other like material. Metal is explicitly not included as a veneer by this definition. Architectural metal panel is allowed where provided for in this section.
The lowest four feet of the exterior wall of any structure extending upward from grade.
C.
Regulations.
(1)
General requirements.
(a)
Any exposed metal that is allowed in Multifamily Residential (R-3) or any commercial zoning district must have a painted, baked-on finish.
(2)
(3)
Single-Family (R-1) and Combined (R-2) Residential Zoning Districts.
[Amended 1-12-2021 by Ord. No. 9238]
(5)
All other commercial zoning districts.
[Amended 1-12-2021 by Ord. No. 9238]
D.
Exemptions; appeals.
(1)
Buildings that are undergoing remodeling or renovation do not have to comply with the provisions of this section, provided the footprint of the building is not being expanded and no canopy is being enclosed.
(a)
Any canopy that is being enclosed must meet code.
(2)
Metal roofing is allowed, provided that it is of standing seam construction or a functional architectural equivalent thereof.
(a)
Roofs being replaced or repaired with like materials on existing buildings are exempt from this requirement.
(3)
Light fixtures, door frames, window frames, signs and guttering that meet code are exempt.
(4)
Any appeal for relief from this section shall be filed with the Board of Adjustment.
§ 361-29 Sidewalks required.
[Added 11-2-2004 by Ord. No. 2994; amended 7-10-2018 by Ord. No. 9151]
A.
Sidewalks shall be installed parallel to dedicated public streets within all commercial and industrial zoning districts, and the R-1, R-2, R-3 and R-4 Zoning Districts prior to a certificate of occupancy being issued for a new primary structure, addition, or remodel which increases the total square footage of buildings on the parcel by at least 25%. All public sidewalks and walkways to be constructed after the effective date of this section shall be no less than five feet in width, and no less than six feet in width if adjacent to a curb line.
B.
Sidewalk improvements shall be depicted in the preliminary plat for all subdivisions, and improvements shall be completed prior to acceptance of a final plat, or a performance bond for the same shall be obtained by the developer.
C.
Sidewalks shall be constructed in accordance with the most recent version of the ADA Standards for Accessible Design, in accordance with the Americans with Disabilities Act.
D.
The installation of a new sidewalk shall not be required on lots where there is an existing sidewalk, provided that the sidewalk is in acceptable condition according to the City Manager or his designee.
E.
In certain instances, City staff may administratively approve a fee in lieu of sidewalk development. Said fee, which shall be established by resolution, shall be reserved for municipal sidewalk improvements. Said improvements could include, but are not limited to the placement and maintenance of sidewalks, the placement and maintenance of sidewalk amenities, such as landscaping and benches, funding matches for sidewalk improvement grants, and/or the acquisition of rights-of-way for the purpose of expanding the sidewalk infrastructure. Residential and commercial subdivisions are not allowed to request a fee in lieu of sidewalk. A fee in lieu of sidewalks may be allowed should any of the following sets of criteria be met:
(1)
(a)
The street frontage is not in the City's adopted sidewalk master plan, which shall be established by resolution; AND
(b)
The development is not expected to generate retail traffic; AND
(c)
The development is not expected to generate significant pedestrian traffic; AND
(d)
No existing sidewalk pattern is established; OR
(2)
An alternative pedestrian way or multi-use path is proposed or existing; OR
(3)
The development is located outside of the Sidewalk Prioritization District, which shall be established by resolution.
F.
In addition to the sidewalks required otherwise in this section, all buildings with a public entrance shall be required to provide a walkway from the required sidewalk to said public entrance. This walkway shall be constructed in accordance with the most recent version of the ADA Standards for Accessible Design, in accordance with the Americans with Disabilities Act, and shall include striped crosswalks at any crossing with vehicular traffic (i.e. parking lots).
§ 361-30 Wind energy structures and equipment.
[Added 8-2-2011 by Ord. No. 9006]
A.
Title. This section shall be known as the "Wind Energy Ordinance."
B. ACCESSORY WIND GENERATOR APPLICANT NONPARTICIPATING LANDOWNER OCCUPIED BUILDING OWNER PROJECT LANDOWNER TURBINE HEIGHT WIND ENERGY FACILITY WIND TURBINE
Definitions. The following are definitions of words and terms as they are used in this section. Any term not contained within this list shall be construed to be used in this section as defined in the latest edition of Webster's Unabridged Dictionary.
A mechanical device used to convert wind to electrical power that is attached to a structure serving a primary use other than supporting the generator or its equipment.
The person or entity filing an application under this section.
Any landowner other than a project landowner.
A residence, school, hospital, church, or other building used for public gathering that is occupied or in use when the building permit application under Subsection C(1) is submitted.
The entity or entities having an equity interest in the wind energy facility, including their respective successors and assigns.
Any landowner on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the owner.
The distance from the rotor blade at its highest point to the top of the surface of the tower foundation.
An electric-generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, operations and maintenance buildings, meteorological towers, electrical infrastructure, transmission lines and other related structures and facilities.[1]
A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
C.
Application and permit requirements.
(1)
A building permit shall be required prior to construction of a wind energy facility or accessory wind generator.
(2)
Application and permit fees shall be set by the City Council via resolution.
(3)
The building permit application shall demonstrate that the proposed wind energy facility or accessory wind generator will comply with this section.
(4)
Application contents for a final permit to construct a wind energy facility shall include three copies of the following:
(a)
A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers; and a description of ancillary facilities.
(b)
A written statement, memorandum of lease, or similar evidence of agreement between each prospective project landowner and the owner demonstrating that the owner has the permission of each prospective project landowner to apply for a building permit for the construction and operation of the wind energy facility.
(c)
The name, address, and telephone number of the applicant, owner and all prospective project landowners.
(d)
A site plan demonstrating compliance with Subsection E(1)(a) below, showing property lines (including identification of adjoining properties), setback lines, occupied buildings, and the planned location of each wind turbine, access roads, substations, electrical cabling, transmission lines, ancillary equipment, buildings and structures.
(e)
Any required studies, reports, certifications, and approvals, as reasonably necessary to demonstrate compliance with the provisions of this section.
(5)
Prior to submission of a final permit application as described in Subsection C(4), applicants may apply for a preliminary permit to construct a wind energy facility. Application contents for a preliminary permit shall consist of, at a minimum, the items described in Subsection C(4)(a) and (d). The City shall review the submittal and issue a preliminary permit to the applicant within 30 days after receipt of the submittal if the submitted items comply with the applicable requirements of Subsection C(3) and (4), provided that any items required by Subsection C(3) and (4) and not included the submittal must be delivered in form and substance as required by this section as a condition to issuance of a final permit to construct a wind energy facility. After receipt of a preliminary permit, the applicant may revise items included in the preliminary permit application and submit those revised items as part of the final permit submittal. The City shall review the final permit submittal and issue a final building permit within 30 days after receipt of the submittal if the submittal meets the requirements of this section.
(6)
Preliminary permit approval is valid for one year.
D.
Zoning. Installations shall be allowed as described in the following districts:
(1)
Wind energy facilities and accessory wind generators shall be allowed as a use by right in the Wind Energy Overlay (WEO) District.
(2)
Accessory wind generators and wind energy facilities with a total output of less than 50,000 watts shall be allowed as a use by right and wind energy facilities may be allowed via conditional use permit in the Rural Agricultural (A-1) and industrial districts.
(3)
Accessory wind generators shall be allowed via conditional use permit in the residential and commercial districts.
E.
Specific requirements for wind turbine towers.
(1)
Site design.
(a)
Setbacks.
[1]
Roads. Wind turbines shall be set back a distance of at least 1.1 times the turbine height from public roads, third-party transmission lines, and communication towers. The City may waive this setback requirement.
[2]
Nonparticipating landowner property lines. Wind turbines shall be set back a distance of at least 1.1 times the turbine height from adjacent nonparticipating landowner property lines. The affected nonparticipating landowner may waive this setback requirement.
[3]
Occupied buildings. Wind turbines shall be set back a distance of 1,000 feet from any occupied building. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building. The owner of the occupied building may waive this setback requirement, but in no case shall a wind turbine be located closer to an occupied building than 1.1 times the turbine height.
[4]
Any waiver of any setback requirement shall be recorded in the Canadian County Clerk's office. The waiver shall advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land.
(b)
Height restrictions. Total turbine height cannot exceed 600 feet without a variance from the Board of Adjustment.
(c)
Climb prevention/locks.
[1]
Tower: The tower must be equipped with anticlimbing devices, and no portion of any exterior climbing apparatus may extend below a point 15 feet above grade level.
[2]
Site access: All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
(d)
Signage, including corporate logos, advertisements, graphics or other nonessential markings, is prohibited. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(e)
Local emergency services. The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire department(s). Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facility.
(f)
Lighting. Security lighting is allowed, provided that it is installed at a point not over 30 feet above grade and a ground-lighting-type fixture is used.
(g)
Wiring. High-voltage collection cables less than 34,500 volts in capacity must be buried a minimum of three feet below grade.
(h)
Environmental.
[1]
Noise. Audible noise from an operating wind energy facility shall not exceed 55 decibels (dBA), as measured at the exterior of any occupied building on a nonparticipating landowner's property, for any period of time.
[2]
Shadow flicker. Should shadow flicker adversely affect any occupied building on a nonparticipating landowner's property, which occupied building is located within a distance from the base of any wind turbine in the wind energy facility equal to 10 times the rotor diameter of such wind turbine, the owner shall use commercially reasonable efforts to remedy the problem on a case-by-case basis by undertaking measures such as planting trees or vegetation or installing awnings.
[3]
Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals. If, after construction of the wind energy facility, the owner receives a written complaint related to signal interference, the owner shall take reasonable steps to respond to the complaint and mitigate any interference determined to be caused by the wind energy facility.
(2)
Wind turbine design. Wind turbines with a total output of more than 50,000 watts shall conform to the following requirements:
(a)
Design safety certification. Wind turbines shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters' Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energie, or an equivalent third party.
(b)
Appearance. Towers and blades shall be painted white, off-white, gray or another nonreflective, unobtrusive color.
(c)
Clearance. No portion of any rotor or airfoil may be less than 50 feet above grade.
(d)
Lighting. Only minimum lighting required by the Federal Aviation Administration is allowed.
(3)
Decommissioning and restoration. The owner shall comply with the State of Oklahoma decommissioning and restoration requirements set forth in the Oklahoma Wind Energy Development Act (17 O.S. § 160.11 et seq.), as may be amended from time to time.
§ 361-31 Driveway design standards.
[Added 6-10-2014 by Ord. No. 9057]
A.
Purpose. The purpose of establishing guidelines for streets, avenues, and highways is to provide for safe and efficient operation of public roadways. Road users have the right to travel on a street with relative safety and freedom from unreasonable delays due to traffic interference. Interference is generally the result of vehicles entering, leaving or crossing at intersecting streets or driveways. Traffic safety depends on proper site design and traffic controls. To minimize accidents and assure the best overall use of the road by citizens, it is necessary to regulate traffic on all public streets, including the ingress to and egress from public and private properties.
B.
Authority. The City of El Reno has jurisdiction over public thoroughfares and is given responsibility in regards to driveway location, design and operation. Property owners have certain rights of access to abutting streets. When conflicts of interest between motorists and property owners cannot be resolved to a reasonable degree, preference should be given to the safe and efficient use of the street after the property owner's minimum rights of ingress and egress have been addressed.
C. CURB RADIUS DRIVEWAY TYPES(1) (2) (3) FIRE LANES FROM THE FIRE DEPARTMENT HIGH-VOLUME VERSUS LOW-VOLUME DRIVEWAY STATE OR U.S. HIGHWAY STREET CLASSIFICATION(1) (2) (3) (4) (5) (6) URBAN AREA
Definitions. As used in this section, the following terms shall have the meanings indicated:
Governed by the paths that vehicles follow when making turns. The minimum radius possible is used to reduce the amount of area required for a driveway. Large vehicles must "swing" into adjacent lanes if the curb radius is too small. The radius starts at the point of curvature on the street curbline.
RESIDENTIALA driveway providing access to a single-family residence, duplex or an apartment building containing fewer than four dwelling units.
COMMERCIALA driveway that provides access to a school, office, retail or institutional property or a residential multifamily dwelling that has four or more dwelling units. Heavy trucks usually serve such sites as an incidental use but these driveways typically provide access for heavy automobile and light-duty truck traffic. Driveways that serve administrative, employee or customer parking at industrial sites are also considered commercial applications.
INDUSTRIALA driveway that directly serves substantial heavy truck traffic to and from loading docks of an industrial facility. A shopping center or any other retail facility where heavy deliveries are received should have at least one driveway specifically designed to accommodate such traffic as well.
A hard-surface, all-weather road to provide access for fire apparatus. These lanes must be constructed of concrete or asphalt and must be at least 15 feet in width with the road edge closest to the building but no closer than 10 feet from the structure. Fires lanes are mandated for any building exceeding 4,000 square feet in gross floor area. Fire lanes shall not dead end unless provided with a cul-de-sac at the end with a diameter of not less than 90 feet.
A low-volume driveway creates relatively little conflict on the adjoining street. A high-volume driveway can create severe interference on an adjoining street. A high-volume driveway can create severe interference on an adjoining street with certain movements; such as the left-turn entry in the absence of an exclusive left-turn lane. Another movement which is sensitive to the spacing of driveways, relative to the nearest traffic control on the abutting streets, is the left-turn exit movement. Such movements are also relatively hazardous due to the potential for accidents with oncoming traffic. The right-turn entry into a driveway is the second most sensitive movement. This movement can also impede traffic. A high-volume driveway is defined as a drive with a peak-hour volume, either into or out of the drive, which exceeds 100 vehicles per hour.
Roadways designated as state or federal highways require application for direct access through the State of Oklahoma Department of Transportation with the consent of the City of El Reno.
The street system is classified into groups of facilities whose traffic purposes complement one another and can be thought of as a hierarchy of network relationships within the overall transportation system (see Comprehensive Plan).
FREEWAYA multilane divided highway having a minimum of two lanes for exclusive use of traffic in either direction and full control of ingress and egress. A freeway provides the highest level of mobility along the street categories and is not intended to for direct land access. Access and egress is provided by an integrated system of ramps. (Example: Interstate 40)
PRIMARY ARTERIALServes principally as a route for through traffic and is used for accessing abutting properties as a secondary function. Arterials provide continuity of several miles, generally connecting with intercity routes and providing a system to distribute traffic from the freeway system. (Example: U.S. 81 and S.H. 66)
SECONDARY ARTERIALStreets that augment the primary arterial system and provide a lower level of mobility and distribute traffic to smaller geographic areas. These streets are typically "section line" roads. (Examples: S. Country Club Road, Shepard Road, Foreman Road, Elm Street and 27th Street)
COMMERCIAL AND INDUSTRIAL COLLECTORSurface streets that provide land access and traffic circulations service within commercial and industrial areas. These collectors are designed to handle traffic volumes loading to and from local and arterial streets.
RESIDENTIAL COLLECTORDesigned to carry traffic volumes traveling to and from local and arterial streets. These are usually continuous for two miles or less with stop signs being used as the primary traffic control devices. "Back out" drives should be minimized.
LOCAL STREETProvides direct access to residential, commercial or other abutting property uses. Through traffic should be discouraged, as the local street must he designed for the safety of all road users. Local streets should not carry more than 1,500 daily trips.
An area is defined as "urban" if the developed area is within the El Reno City limits and is designated as either "existing" or "future" urban area by the Comprehensive Plan (see development timing).
D.
Administration.
(1)
Access to any public street within City limits requires a written driveway permit approved by the Community Development Director or designee(s).
(2)
Application for driveway permits shall be submitted to the Community Development Department, and driveway permits may be applied for at the time a building permit application is submitted. Plans shall meet all criteria established by the Department for obtaining a building permit and shall be specific to the types of materials to be utilized in constructing any improvements within the right-of-way.
(3)
Any approach onto a state highway must first be reviewed by the Community Development Department before being submitted to the Oklahoma Department of Transportation. Once the application has state approval, a permit will then be issued by the Community Development Department.
(4)
The cost of the driveway permit will be established by City Council.
(5)
All driveways abutting public streets must be inspected.
(a)
All initial inspections must be requested through the Community Development Department at least before 12:00 noon on the day that they are needed. A reinspection fee will be charged should the job not be ready within 15 minutes of the time requested.
(b)
Initial inspections will consist of inspecting the driveway's base, curb and driveway forms.
(c)
A final inspection shall be called for once the concrete is installed.
E.
Driveway design and construction requirements. The fewer driveways present on an urban street, the more effectively the street will serve its crucial function of moving traffic. Spacing between driveways and intersections should be appropriate to the character of the driveway and street. These design guidelines should be used, recognizing that the Community Development Department may need to adapt requirements for a particular driveway based on traffic conditions.
(1)
Driveway to intersection separation.
(a)
Separation requirements shall be based on the following configuration:
Contiguous Frontage Owned (feet) | Driveways Allowed |
|---|---|
0 to 200 | 1 |
201 to 500 | 2 |
501 to 900 | 3 |
NOTE: An additional driveway shall be allowed for each 250 feet or portion thereof in excess of 900 feet. | |
(b)
Driveway spacing should be allowed to allow reasonable deceleration of vehicles approaching on the street and acceleration by vehicles entering the street. Median breaks for driveways should not be considered unless there is there is a high-occupancy application such as a major office building, shopping center, or industrial site that would create a significant traffic count. Median breaks must be approved by the Public Safety Committee, City Engineer and Public Works Director and should be located so that traffic signal progression patterns are not disrupted.
(c)
The City of El Reno requires that adjacent commercial, industrial, or institutional properties interconnect parking lots to provide a fire lane easement. If such properties are granted two or more driveways, and the adjacent property owners have interconnected parking lots, then the developed properties must connect parking lots at a grade that allows for automobile traffic to traverse between the two properties at a width that conforms to this section. Additional fire lane access easements may be required in accordance with Fire Department policies and the International Building Code.
(2)
Driveway to intersection separation.
Driveway-Intersection Separation Guidelines | |||||
|---|---|---|---|---|---|
Street on Which the Driveway will be Located | |||||
Street | Primary Arterial (feet) | Secondary Arterial (feet) | Commercial Industrial Collector (feet) | Residential Collector (feet) | Local (feet) |
Freeway frontage road | N/A | N/A | 150 | 150 | 200 |
Secondary Arterial | 150 | 150 | 100 | 100 | 100 |
Commercial Industrial Collector | 100 | 100 | 75 | 60 | 60 |
Residential Collector | 100 | 100 | 60 | 50 | 50 |
Local Street | 100 | 100 | 50 | 50 | 50 |
(3)
Existing driveways across the street from proposed driveway. In order to ensure smooth egress and ingress, proposed driveways shall be located directly across the street from existing driveways where possible.
(4)
Driveway widths and curb radius. The radius of a driveway curb return is a critical element in the efficient operation of a driveway, especially for traffic making right turns. The following table indicates the minimum and maximum allowable driveway dimensions:
Driveway Dimension Guidelines | ||||
|---|---|---|---|---|
A-1, A-2, RE, R-1, R-2, R-4 Zoned Areas (feet) | R-3 and All Commercial Zoned Areas (feet) | Industrially Zoned Areas (feet) | ||
Width | ||||
Minimum | 10(a) | 24(b) | 24(b) | |
Maximum | 30 | 35 | 40 | |
Radius | ||||
Minimum | 5 | 15 | 20 | |
Maximum | 15 | 20 | 25 | |
(a)
All single-family dwellings must still have two sealed, paved parking spaces at least eight feet wide and 10 feet in length. Duplexes must have at least two spaces per unit of said dimensions.
(b)
One-way drives may be a minimum of 20 feet in width, provided there is adequate signage and marked paving to indicate such usage.
(5)
Driveway structural design. All work in the right-of-way shall be constructed of 3500-psi fiberglass mesh reinforced concrete with a minimum thickness of six inches. An expansion joint shall be installed at the approximate location of the property line. No rebar shall be allowed in this area. The driveway's base shall be a minimum of six inches of screened sand or aggregate acceptable to the Community Development Department.
(6)
Curb design and requirements.
(a)
Whenever a driveway installation requires a curb cut, then the driveway radii should be integrated to accommodate a smooth transition between the two surfaces.
(b)
Curb extensions are required where the subject property's frontage abuts any neighboring property where a curb is present. In such instance, the curb shall be extended across the entire frontage for which a driveway permit has been submitted.
F.
Variances. Under special circumstances, this policy may not be pertinent to a proposed driveway. The City Engineer and/or the Board of Adjustment may approve a driveway if it does not conform with this section and is determined to not conflict with issues of health, safety, or welfare. Additionally, if a proposed driveway does not conform with this section, the applicant may supply a traffic impact analysis conducted by a certified engineer to show its impact on the roadway.
§ 361-31.1 Table of Permitted Uses.
[Added 4-9-2024 by Ord. No. 9344; amended 8-13-2024 by Ord. No. 9352; 1-14-2025 by Ord. No. 9364; 5-13-2025 by Ord. No. 9374]
The permitted uses in all districts are set forth in the table below. Where the letter "X" appears on the line of a permitted use and in the column of a district, the listed use is permitted in that district, subject to the general provisions of Chapter 361. Where the letter "P" appears instead of the letter "X," this use is permitted subject to acquiring a conditional use permit as set forth in Article XXII. If a use is not found in this table, then the uses listed in §§ 361-39, 361-43, 53, 361-57, 361-61, 361-68, 361-81, 361-111, and 361-114 shall prevail.
Use Type | A-1 | A-2 | R-1 | R-2 | R-3 | R-E | R-M | R-C | CO | CC | CR | CSC | CAR | CBD | I-1 | I-2 | I-3 | Use Standards | Definition |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Transportation Uses | |||||||||||||||||||
Automobile Paid Parking Lot/Garage | X | X | X | X | X | P | X | X | X | An area or structure where a fee is charged for parking automobiles and which serves as the primary use on the lot. This use does not include the storage of gasoline. | |||||||||
Automobile Parking Lot/Garage (Accessory) | X | X | X | X | X | X | X | X | P | X | X | X | An area or structure where the parking of automobiles serves as the accessory use on the lot. This use does not include the storage of gasoline. | ||||||
Automobile Parking Lot/Garage (Primary) | P | An area or structure where the parking of automobiles serves as the primary use on the lot. This use does not include the storage of gasoline. | |||||||||||||||||
Cargo Truck Terminal | P | X | X | An area and building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis, including facilities for the temporary storage of loads prior to shipment. | |||||||||||||||
Recreational Vehicle/Boat Rental, Parking Lot or Garage, or Storage | X | X | X | An area or structure designed for the short- or long-term rental, parking or storage of recreational vehicles or boats. | |||||||||||||||
RV, Camper, and/or Travel Trailer Sales and Display Facilities | P | P | P | P | An area or site where RVs, campers, or travel trailers are displayed and/or stored. This use may also include service, repair, and washing, that takes place on-site in conjunction with this use. | ||||||||||||||
Truck Parking Lot or Garage (Accessory) | X | X | X | An area or structure designed for the short- or long-term parking or storage of trucks, buses, or heavy load vehicles as an accessory use. | |||||||||||||||
Truck Parking Lot or Garage (Primary) | X | X | X | An area or structure designed for the short- or long-term parking or storage of trucks, buses, or heavy load vehicles. | |||||||||||||||
Warehousing and Storage | |||||||||||||||||||
Mini-Warehouse/Self-Storage | X | X | X | A building(s) containing separate, individual self-storage units for rent or lease. The conduct of sales, business, or any activity other than storage shall be prohibited within any individual storage unit. | |||||||||||||||
Office/Warehouse/Distribution Center | X | X | X | A building primarily devoted to storage, warehousing, and distribution of goods, merchandise, supplies, and equipment. Accessory uses may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas. | |||||||||||||||
Storage or Wholesale Warehouse | X | X | X | A building used primarily for the storage of goods and materials. | |||||||||||||||
Vehicle Impound Lot | P | A parcel of land used as temporary storage; maximum 30 days for vehicles, including damaged vehicles. No dismantling or disassembling of vehicles is permitted. | |||||||||||||||||
Wholesaling, Storage and Distribution: Farm Products | X | X | Open-air storage, distribution and handling of materials and equipment associated with farming activities. Typical uses include grain, hides, skins, raw furs, livestock, petroleum products (bulk station or terminal), scrap or waste materials. | ||||||||||||||||
Wholesaling, Storage and Distribution: General | X | X | X | Open-air storage, distribution and handling of materials and equipment. Typical uses include monument or stone yards; oil field pipe storage; and outdoor storage yards where activity may generate noise and dust. | |||||||||||||||
Wholesaling, Storage and Distribution: Restricted | X | X | X | Wholesaling, storage and warehousing services within enclosed structures. Typical uses include wholesale distributors; storage warehouses or moving and storage firms; and meat or food lockers. | |||||||||||||||
Wrecker Service (No Impound Yard) | X | X | X | An establishment for the removal of a motor vehicle by towing, carrying, hauling or pushing from public or private property when such vehicle is inoperable or has been ordered to be impounded to a public or private impound lot. | |||||||||||||||
Food & Beverage Service Uses | |||||||||||||||||||
Bar/Tavern | X | X | X | A structure or part of a structure used primarily for the sale or dispensing of alcoholic beverages or liquor by the drink. | |||||||||||||||
Bar/Tavern (Accessory Use for Restaurants) | X | X | X | X | X | A place within a restaurant or other business building for the service of alcoholic beverages and associated snacks for on-site consumption that shares common space (opening, entryway or interior space) and/or ventilation with the restaurant or other business. | |||||||||||||
Catering Service | P | X | X | X | An establishment that prepares food for service at a remote site. | ||||||||||||||
Restaurant, Drive-In | X | X | X | X | X | A restaurant where customers purchase and consume prepared food on the premises in their automobiles. | |||||||||||||
Micro-Food & Beverage Production | X | X | X | X | X | An establishment that produces, bottles, and/or distributes small quantities of food or beverages that are not part of a restaurant type use. Typical examples include, but are not limited to microbreweries, nanobreweries, brewpubs, wine blending, chocolatiering, coffee bean roasting, bakeries, confectioneries, delicatessens, and limited food production. | |||||||||||||
Restaurant, Without Drive-Thru | X | X | X | X | An area or structure in which the principal use is the preparation and sale of food and beverages. Operations may or may not include outdoor seating areas or outdoor food service, but the operation does not include a drive-through or drive-in facility. | ||||||||||||||
Restaurant, With Drive-Thru | X | X | X | X | X | An eating/drinking establishment in which the principal business is the sale of foods or beverages to the customer in a ready-to-consume state and in which the design or method of operation of all or any portion of the business allows food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. | |||||||||||||
Medical Marijuana Uses | |||||||||||||||||||
Medical Marijuana Retailer/Dispensary | X | X | X | X | X | An establishment licensed by the Oklahoma Medical Marijuana Authority, which allows the dispensary to purchase medical marijuana or medical marijuana products from a licensed processor, grower, or dispensary; to sell medical marijuana and medical marijuana products to a licensed patient, to the licensed patient's parent(s) or legal guardian(s) if licensed patient is a minor, and a licensed caregiver | |||||||||||||
Medical Marijuana Commercial Growing/Cultivation | An establishment licensed by the Oklahoma Medical Marijuana Authority, which allows the entity to grow, harvest, and package medical marijuana for the purpose of selling medical marijuana to a dispensary, processor or researcher | ||||||||||||||||||
Medical Marijuana Processor | An establishment licensed by the Oklahoma Medical Marijuana Authority, which allows the entity to purchase marijuana from a commercial grower; prepare, manufacture, package, sell to and deliver medical marijuana products to a dispensary licensee or other processor licensee | ||||||||||||||||||
Medical Marijuana Laboratory | An establishment licensed by the Oklahoma Medical Marijuana Authority, which allows the entity to analyze harvested and processed medical-use marijuana for the presence of harmful contaminants | ||||||||||||||||||
Medical Marijuana Transporter | An establishment licensed by the Oklahoma Medical Marijuana Authority, which allows the entity to transport medical marijuana and medical marijuana products between other licensed businesses | ||||||||||||||||||
Medical Marijuana Waste Disposal Facility | An establishment licensed by the Oklahoma Medical Marijuana Authority, which allows the entity to dispose of medical marijuana | ||||||||||||||||||
Mobile Home (as a Dwelling, Single-Family or Accessory) | X | P | P | X | Moveable equipment having over 400 square feet of habitable space that is designed and/or manufactured for human occupancy, to which customarily there are attached or may be attached wheels for mobility, and which does not conform to the International Residential Code. | ||||||||||||||
Modular/Manufactured Home (Primary or Accessory) | X | P | P | X | A relocatable living unit manufactured off-site and transported on an independent carrier unit, to a permanent site which has been constructed in accordance with an Engineering Bulletin issued by the Office of Technical Standards, Department of Housing and Urban Development, Washington, D.C. | ||||||||||||||
Mobile Home Parks | P | Any plot of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for the accommodations | |||||||||||||||||
Mobile, Modular, and/or Manufactured Home Sales and Display Facilities | P | P | P | P | An area or site where mobile, modular, and/or manufactured homes/buildings are displayed and/or stored. | ||||||||||||||