The planned unit development is designed to provide for small and large scale developments incorporating a single type or a variety of residential, commercial, industrial and related uses, which are planned and developed as a unit. Such development may consist of individual lots or it may have common building sites. Common land and preservation of open space should be an essential and major element of the plan which is related to, and affects the long term value of, the homes and other development. A planned unit development shall be a separate entity with a distinct character in harmony with surrounding development.

(Prior Code, § 11-10A-1) (Ord. 80-29, passed 12-16-1980)

   (A)   It is the intent of these regulations to encourage unified design of housing, commercial, office, institutional and industrial areas and facilities or combinations thereof and to provide for integrated developments having harmony of design and a variety of functions.

   (B)   The purpose is to provide greater flexibility in the design of buildings, yards, courts and circulation, than would otherwise be possible through the strict application of the general zoning district regulations, and to produce:

      (1)   A maximum choice in the types of environment and living units available to the public;

      (2)   Open space and recreation areas;

      (3)   A pattern of development which preserves trees, outstanding natural topography and geologic features and prevents soil erosion;

      (4)   A creative approach to the use of land and related physical development;

      (5)   An efficient use of land resulting in smaller networks of utilities and streets and thereby lowering housing costs;

      (6)   An environment of stable character in harmony with the surrounding development; and

      (7)   A more desirable environment than would be possible through the strict application of other zoning district regulations.

(Prior Code, § 11-10A-2) (Ord. 80-29, passed 12-16-1980)

   A PUD shall be permitted in any residential, commercial or industrial zoning district or combination of districts.

(Prior Code, § 11-10A-3) (Ord. 80-29, passed 12-16-1980)

   (A)   Development. The proposed PUD shall be designed to provide for the unified development of the area in accordance with the spirit and the purposes of the districts in which it is located.

   (B)   Modifications. Design may provide for modification of yard, setback and height requirements on individual lots; but the density and intensity of the use requirements of the underlying zoning districts as applied to the total area of the PUD shall not be changed, except in accordance with this article.

   (C)   Building Code requirements. Building Code requirement shall not be reduced in the design of the PUD.

(Prior Code, § 11-10A-4) (Ord. 80-29, passed 12-16-1980)

   (A)   Overlay district.

      (1)   The PUD is an overlay district. The underlying zoning and land use plan designations on the property shall continue to establish residential densities, and amount and type of commercial and industrial land uses. The overlay provision permits these uses and densities to be transferred or relocated within the PUD in accordance with this article and the approved master development plan.

      (2)   When a PUD is located within two or more of the following differing general classifications, each classification shall be separately calculated and allocated with the PUD by said general classification:

         (a)   Residential;

         (b)   Office;

         (c)   Commercial; and

         (d)   Industrial.

   (B)   Increasing intensity of use or density. Where a parcel does not possess adequate zoning already in place to permit the desired PUD, the property owner shall include with the PUD request, an application for rezoning to the proper categories. This may be approved as part of the PUD approval process.

   (C)   Time limit. Construction shall be started within one year of the effective date of approval of the subdivision final plat for all or a portion of the PUD. Failure to begin the development within said one year shall automatically void the development plan within said one year, and the City Council may vacate the plat. The developer shall be notified, in writing, of the expiration of the approval within 15 days from the expiration date by the Office of the Code Official. Action shall be taken by the Planning Commission and the City Council to amend the zoning map to repeal the PUD designation, and the land shall remain in the same zoning classification which existed immediately preceding the approval of the PUD.

   (D)   Platting required. No modification of the use, bulk or area requirements of the applicable underlying use district or districts shall be permitted unless a subdivision plat incorporating the provisions and requirements of this article is submitted and approved in accordance with the subdivision regulations and shall further include such covenants as will reasonably assure the continued compliance with the approved master development plan.

(Prior Code, § 11-10A-5) (Ord. 80-29, passed 12-16-1980)

   [Reserved]

   [Reserved]

   Private streets and alleys may be permitted within a PUD if the following criteria are met.

   (A)   Separation from adjacent parcels. The private streets are not connected with an adjacent parcel which is not a part of the PUD.

   (B)   Long term maintenance. The owner/applicant shall clearly demonstrate the existence and capabilities of a property owners’ association to provide the ongoing and long term maintenance of the private street and alley facilities that will not be provided by the City.

   (C)   Compliance with city standards; modifications allowed. The private streets shall be designed and constructed with the City’s standards and specifications for public streets and alleys; provided that modifications may be requested and approved as a part of the master development plan if the following criteria are met.

      (1)   Construction and design shall be adequate to provide a traffic carrying and utility installation capacity related to the design of the overall street system, the function of the individual street and the land use served.

      (2)   Paving cross-sections shall be designed to be adequate to provide acceptable drainage in conformity with the drainage plan for the PUD, to receive loading commensurate with anticipated traffic based on the design of the overall street system, and to be a maintenance level commensurate with that of facilities constructed to regular city standards.

(Prior Code, § 11-10A-8) (Ord. 80-29, passed 12-16-1980)

   (A)   Principal uses.

      (1)   When located in R-1, R-2, R-3, R-4 or R-5 Districts, the development may consist of one or more dwelling unit types permitted in the R-7 District.

      (2)   Mobile home dwellings are permitted uses only within PUDs which are located in whole or in part in an R-3 District or R-6 District. Mobile home developments may be located within the PUD irrespective of the general R-3 or R-6 Zoning District boundaries if such uses are designed and located to be compatible with other uses of the PUD and with the residential use of adjacent properties.

   (B)   Accessory uses. Accessory uses customarily incidental to principal uses within the PUD are permitted. In addition to accessory uses customarily incidental to permitted principal residential uses, accessory commercial facilities may be included within the residential portion of a PUD in accordance with the following standards.

      (1)   The accessory commercial uses may include, but not be limited to, the following uses:

         (a)   Athletic clubs and facilities (public or private);

         (b)   Bakery, retail only;

         (c)   Barbershop;

         (d)   Beauty shop;

         (e)   Bookstore;

         (f)   Cafeteria;

         (g)   Candy store;

         (h)   Dairy store;

         (i)   Delicatessen;

         (j)   Dry cleaning, pick up;

         (k)   Food specialty store;

         (l)   Gift, novelty, souvenir shop;

         (m)   Grocery (other than supermarkets);

         (n)   Health food store;

         (o)   Hobby store;

         (p)   Ice cream store;

         (q)   Laundry, pick up;

         (r)   Liquor store;

         (s)   Newsstand;

         (t)   Office (performing services to residential areas);

         (u)   Pharmacy;

         (v)   Private club;

         (w)   Pro shop;

         (x)   Restaurant (other than drive throughs);

         (y)   Shoe repair shop;

         (z)   Tailor shop;

         (aa)   Tobacco store; and

         (bb)   Uses other than those listed above must be specifically approved by the Planning Commission.

      (2)   In residential PUDs, the aggregate floor area of accessory commercial uses shall not exceed 50 square feet per dwelling unit or a total of 30,000 square feet, whichever is less, exclusive of tennis, swimming, racquetball and health facilities.

      (3)   Each accessary commercial establishment, except private clubs or restaurants, shall be limited to a maximum of 3,500 square feet enclosed floor area.

      (4)   The accessory commercial uses shall be internally oriented, designed primarily for the service, convenience and benefit of the residents of the PUD, and shall be designed and located in such a manner as to be compatible with the residential uses of the PUD and of adjacent properties. No freestanding accessory commercial structure shall be located within 300 feet of the perimeter of the PUD.

      (5)   All unenclosed parking lots within residential PUDs containing more than ten spaces shall contain a minimum of ten foot landscaped strips along all street frontages with shade trees planted in an amount equivalent to one shade tree for every 35 feet of street frontage. In addition, the remaining perimeter of the parking lot shall be planted with a four foot landscaped strip and shade trees in the amount equivalent to one shade tree for every 50 feet of the perimeter which does not abut upon a public street. For the purposes of this article, landscaped strips may include trees, shrubs, flower beds, planted earthen berms and other vegetation as well as ornamental objects such as decorative fences, walls, statues and fountains.

(Prior Code, § 11-10A-9) (Ord. 2015-17, passed 4-14-2015; Ord. 2021-01, passed 1-5-2021)

   In commercial, office, education, medical, industrial and other types of nonresidential PUDs, the permitted uses are the same as those for the district or districts in which the PUD is located, subject to the following limitations.

   (A)   Ground signs. For the purposes of this article, GROUND SIGN shall mean any sign which is attached to, or a 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.

      (1)   No ground sign shall be located within 150 feet of any residential area, either within or abutting the PUD, unless separated by an arterial street.

      (2)   Any ground sign shall maintain a minimum separation of 100 feet from any other ground sign.

      (3)   Ground signs shall not exceed 25 feet in height, measured from the mean curb level of the lot upon which it is erected, except a sign, when located behind the building setback line, may exceed 25 feet but shall not exceed 40 feet in height.

   (B)   Signs; display surface area.

      (1)   The aggregate display surface area for wall or canopy signs shall not exceed two square feet per each linear foot of the building wall to which the sign or signs are fixed.

      (2)   In addition to the wall or canopy signs permitted above, a lot containing one or more business establishments may utilize for business signs an aggregate display surface area of ground signs as follows: If not more than one ground sign is erected, one square foot of display surface area per each linear foot of street frontage; provided that only arterial street frontage shall be used in the computation of display surface area for lots that abut more than one street. If more than one ground sign is erected, five-tenths square foot of display surface area per linear foot of street frontage; provided that only arterial street frontage shall be used in the computation of display surface area for lots that abut more than one street.

      (3)   In addition to the wall or canopy signs permitted in subsection (B)(1) above, and in addition to the business ground signs permitted in subsection (B)(2) above, a lot containing four or more business establishments may erect one ground sign for each arterial street frontage identifying the commercial or industrial complex and individual tenants therein, not exceeding in the aggregate display area one square foot per four feet of linear arterial street frontage.

   (C)   Parking.

      (1)   All unenclosed parking lots within nonresidential PUDs or nonresidential portions of PUDs containing more than ten spaces must have a minimum of ten foot landscaped strip adjacent to their perimeters with shade trees planted in the amount equivalent to one shade tree for every 35 feet of perimeter linear footage. On perimeters adjacent to residentially zoned land, the landscaped strip shall contain seventy-five percent (75%) opaque screening which shall include a solid wall, fence or compact evergreen hedge not less than four feet in height.

      (2)   In addition to the requirements specified in subsection (C)(1) above, unenclosed parking lots with more than 20 spaces shall have a minimum of two percent (2%) of the interior surface area landscaped and shall have a permanent underground watering system.

(Prior Code, § 11-10A-10) (Ord. 80-29, passed 12-16-1980)

   Building heights may exceed the restrictions within the applicable general zoning district when the following requirements are met.

   (A)   Setback distance requirements.

      (1)   Any building height which exceeds 35 feet shall be set back from an abutting property or development in an A, R-1, R-2, R-3, R-4, R-4A or R-5 Zoning District a minimum of 25 feet plus two feet for each one foot of additional height exceeding 35 feet up to and including 55 feet in height.

      (2)   Any structure exceeding 55 feet in height up to and including 75 feet in height shall be set back a minimum of 100 feet from any abutting property or development in an A, R-1, R-2, R-3, R-4, R-4A or R-5 Zoning District.

      (3)   The Planning Commission shall prescribe minimum setbacks for any building exceeding 75 feet in height.

   (B)   Compliance with airport restriction zones. All building and structure heights shall be in compliance with the airport restriction zones of Vance Air Force Base and Woodring Municipal Airport.

(Prior Code, § 11-10A-11) (Ord. 80-29, passed 12-16-1980)

   (A)   Industrial uses. Within a PUD, all industrial uses shall comply with the minimum setback requirements and dimensional standards of the general industrial district or districts in which the PUD is located, subject to the perimeter requirements specified below. There shall be no minimum setback requirements for all other zoning districts within the PUD, except as otherwise provided in this article and the construction code of the City.

   (B)   Perimeter requirements. The building setback from the exterior boundaries of the PUD shall not be less than the minimum yards customarily required for the district or districts in which located; provided, however, that perimeter setbacks along arterial streets shall not be less than the following:

 

 

(Prior Code, § 11-10A-12) (Ord. 80-29, passed 12-16-1980)

   The developer of a PUD shall follow a five-step application and review procedure:

   (A)   Optional preapplication review;

   (B)   Application for rezoning, submission of master development plan and PUD design statement;

   (C)   Preliminary plat and preliminary site development plan;

   (D)   Final plat and final site development plan; and

   (E)   Application for building permit.

(Prior Code, § 11-10A-13) (Ord. 80-29, passed 12-16-1980)

   Prior to submission of an application for rezoning for PUD, the applicant should discuss with the Director of Community Development the procedure for adopting a PUD and the requirements for the general layout of the major roadways and utilities, access to arterials, general design and narrative, the availability of existing services and similar matters. The Director shall also advise the applicant, where appropriate, to discuss the proposed development with those officials who must eventually approve the various aspects of the proposal coming within their jurisdiction. The intent of the preapplication review is to expedite the mandatory design review process and to facilitate the approval of the master development plan.

(Prior Code, § 11-10A-14) (Ord. 80-29, passed 12-16-1980)

   (A)   Filing application. Any person, corporation, partnership, association or combination thereof, owning or possessing a property right or interest in a tract of land may make application for the supplemental district designation PUD. Such application shall be accompanied by a master development plan. An application for the supplemental district designation PUD may be processed simultaneously with an application for an amendment to the underlying general zoning district(s) and made contingent upon approval of said application.

   (B)   Application and master development plan.

      (1)   An application for a PUD shall be filed with the Planning Commission. The application shall be accompanied by a fee in accordance with the following fee schedule to defray the cost of the public notice and investigation:

         (a)   For all proposed R-1, R-2, R-3, R-4, R-4A and R-5 underlying zoning district acreage: $50 plus $2 per acre; and

         (b)   For all other proposed underlying zoning district acreage: $50 plus $5 per acre.

      (2)   Three copies of the master development plan showing the major details of the proposed development at a scale of not less than one inch equals 200 feet shall accompany the filing of the application. The master development plan shall consist of maps and text which contain:

         (a)   A site plan reflecting:

            1.   Proposed location and approximate size in acres or square feet of all uses, including off street parking and building areas in commercial and industrial PUDs or portions of PUDs, open spaces and public uses;

            2.   General development standards for location, height, setback and size of buildings and other structures;

            3.   General design standards for all proposed signs;

            4.   General development standards for proposed landscaping;

            5.   Public and private vehicular and pedestrian circulation systems including major points of access to public rights-of-way;

            6.   Existing and proposed land use intensity designation, density of proposed dwelling units by type and proposed floor area ratios of commercial structures;

            7.   The relationship to adjoining uses and properties, including adjacent land uses, zoning, densities, circulation systems, public utilities and facilities and drainage areas; and

            8.   The existing topography, all floodplain areas, all drainage areas in acres, treed areas and slope and general soil classifications.

         (b)   A written explanation of the character of the PUD:

            1.   A legal description of the PUD;

            2.   A list of all owners and developers of the PUD;

            3.   Title of the PUD and a description of the PUD concept;

            4.   Proposed sequence and schedule of development;

            5.   Statement of improvements to be made to the major transportation system and major utility systems;

            6.   Statement of applicant’s intention to future ownership of all portions of the PUD; and

            7.   Proposed restrictions and covenants which will govern the use and continued maintenance of the development.

   (C)   Project phasing. All information and data required at the master development plan stage must include the entire PUD site. Applications for preliminary plans and plats may be made for any portion of the overall master development plan. Requirements may be made for off site public improvements on a phased project.

   (D)   Public hearing and Planning Commission action.

      (1)   The Director of Community Development, upon filing of an application for the supplemental district designation PUD, shall set the matter for public hearing in accordance with the regular procedures for zoning applications. Within 60 days after the filing of an application, the Planning Commission shall conduct the public hearing and shall determine:

         (a)   Whether the PUD is consistent with the Comprehensive Plan;

         (b)   Whether the PUD harmonizes with the existing and expected development of surrounding areas;

         (c)   Whether the PUD is a unified treatment of the development possibilities of the project site; and

         (d)   Whether the PUD is consistent with the stated purposes of the standards of this article.

      (2)   The Planning Commission shall forward its recommendations, the application and the master development plan to the City Council for further hearing.

   (E)   Action by City Council. Upon receipt of the application, master development plan and Planning Commission recommendation, the City Council shall hold a hearing, review the master development plan and approve, disapprove, modify or return the master development plan to the Planning Commission for further consideration. Upon approval, the zoning map shall be amended to reflect the supplemental designation PUD, and the applicant shall be authorized to process a preliminary plat and preliminary site development plan incorporating the provisions of the master development plan.

(Prior Code, § 11-10A-15) (Ord. 80-29, passed 12-16-1980)

   (A)   Filing of application; fee.

      (1)   Upon approval of the zoning and the master development plan, application may be filed for a preliminary plan and preliminary plat review.

      (2)   Materials pertaining to the preliminary plan and plat must all be submitted to the Community Development Department by the administratively designated deadline at least two weeks prior to the meeting of the Metropolitan Area Planning Commission, at which time the preliminary plan and plat will be considered.

      (3)   Application for preliminary plat and preliminary site development plan approval shall be accompanied by a fee of $50 to defray the cost of administrative review and investigation.

      (4)   After the Community Development Department has received the preliminary plan and plat application in the form herein required, the matter will be placed on the agenda for the appropriate meeting of the Metropolitan Area Planning Commission.

   (B)   Contents of preliminary plans. In addition to the requirements of the city subdivision regulations for preliminary plats, the following shall be submitted either on the preliminary plat or on separate plan sheets to the same scale:

      (1)   The existing site conditions, including contours at two foot intervals; all watercourses; 50-year and 100-year floodplains; unique natural features and vegetative cover, including all existing trees;

      (2)   The tentative location and floor area of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units, density per type and nonresidential structures, including commercial and industrial facilities;

      (3)   Preliminary architectural elevations of the proposed improvements sufficient to relay the basic architectural intent;

      (4)   The general drainage system, including the number of acres in each drainage area and proposed coverage of buildings and structures for the purpose of calculating storm drainage runoffs and storm drainage retention requirements;

      (5)   The location and size in acres or square feet of all areas to be conveyed, dedicated, reserved or otherwise used as common open space, public park, recreational areas, school sites and similar public and semipublic uses;

      (6)   The existing and proposed circulation system of arterial, collector and local streets, including off street parking areas, service areas, loading zones and major points of access to public rights-of-way (including major points of ingress and egress to the development). Notations of proposed ownership (public or private) should be included where appropriate. Right-of-way and paved surfaces for each street shall be shown in accordance with the minimum design standards outlined in this article and the current EMA transportation plan. The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, indicating proposed treatment of points of conflict;

      (7)   The existing and proposed utility systems, including sanitary sewers, storm sewers, water, fire hydrants and trash collection areas;

      (8)   A general landscaping plan indicating the treatment of materials used for private and common open spaces. The details of size and species for intended plantings of vegetation will be required at the final plan phase;

      (9)   A map of the area which surrounds the site within a distance of at least 300 feet, showing surrounding land uses, zoning classifications, densities, circulation systems and public facilities;

      (10)   The proposed treatment of the perimeter of the PUD, including materials and techniques used for screening such as fencing, walls and other landscaping; and

      (11)   Street cross-section schematics shall be submitted for each general category of street to be included within the proposed development (one of local, subcollector, collector streets) to include proposed width, treatment of curbs and gutters, sidewalk systems and bikeway systems. Street designs must be consistent with the minimum street standards contained in this article.

   (C)   Public hearing and Planning Commission action. The Director of Community Development, upon the filing of an application for preliminary plan and preliminary plat approval, shall set the matter for public hearing. The Planning Commission shall conduct the public hearing and shall determine:

      (1)   Whether the preliminary plan and preliminary plat are consistent with the master development plan;

      (2)   Whether the preliminary plan and plat harmonize development with the existing and expected development of surrounding areas;

      (3)   Whether the preliminary plan and plat represent a unified treatment of the development possibilities of the particular project site; and

      (4)   Whether the preliminary plan and plat are consistent with the stated purposes and standards of this article.

   (D)   Final plan and plat. Upon approval by the Planning Commission, the applicant shall be authorized to process a final site development plan and final plat incorporating the provisions of the preliminary site development plan and preliminary plat.

(Prior Code, § 11-10A-16) (Ord. 80-29, passed 12-16-1980)

   (A)   Filing of application; fee.

      (1)   After approval by the Planning Commission of the preliminary plan and plat, application may be made for approval of the final site development plan and the final plat, which shall be in substantial compliance with the requirements of the approved preliminary plan. The final site development plan and final plat shall be deemed in substantial compliance with the preliminary site development plan and preliminary plat; provided that the final site development plan and final plat do not:

         (a)   Involve a reduction of more than five percent (5%) of the area reserved for common open space or useable open space;

         (b)   Increase the floor area proposed for nonresidential use by more than five percent (5%);

         (c)   Increase residential densities; and

         (d)   Increase total ground area covered by buildings by more than five percent (5%).

      (2)   If the final plan is not in substantial compliance with the approved preliminary plan, the revision shall require the same review and public hearing process required for approval of the preliminary plan. All applications for final site development plan and final plat approval shall be accompanied with a $50 filing fee to defray the cost of review and investigation.

   (B)   Contents of final plan. In addition to the requirements of the city subdivision regulations for final plats, the following information shall be submitted with the final plat on a separate final site development plan(s) at the same scale as the final plat:

      (1)   Lot lines;

      (2)   The location and floor area of all existing and proposed buildings, structures, ground signs and other improvements, including maximum height, types of dwelling units, density per type and nonresidential structures, including commercial facilities. All buildings shall be dimensioned with distances shown from clear reference points;

      (3)   The location and size in acres or square feet of all areas to be conveyed, dedicated, reserved or used as common open spaces, public parks, recreational areas, school sites and similar public or semipublic uses;

      (4)   The existing and proposed circulation system of arterial, collector and local streets, including off street parking areas, service areas, loading zones and major points of access to public rights-of-way. Notations of ownership (public or private) shall be included where appropriate. Rights-of-way and paved widths for each street shall be shown in accordance with the minimum design standards of this article;

      (5)   The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system indicating the proposed treatment of points of conflict;

      (6)   Preliminary architectural elevations (perspectives) sufficient to relay the basic architectural intent of the proposed improvements;

      (7)   A landscape plan, including the extent and location of all plant materials and other landscaped features. Plant material must be identified by direct labeling plan or by a clearly understandable legend. Proposed treatment of all ground surfaces must be clearly indicated, including, but not limited to, paving, turf, gravel, grading and flower and shrub beds;

      (8)   The provisions for the ownership and maintenance of the common open spaces as will reasonably ensure its continuity and conservation. Open space may be dedicated to a private association or to the public; provided that a dedication to the public shall not be accepted without the approval of the City Council; and

      (9)   Such covenants as will reasonably ensure the continued compliance with the approved master development plan and the final site development plan. In order that the public interest may be protected, the City may be made beneficiary of covenants pertaining to such matters as location of uses, height of structures, landscaping, drainage, setbacks, screening, parking and access. Such covenants shall provide that the City may enforce compliance therewith, and shall further provide that amendment of such covenants shall require the approval of the Planning Commission and the filing of record of a written amendment to the covenants endorsed by the Planning Commission.

   (C)   Planning Commission hearing and action.

      (1)   The Director of Community Development, upon the filing of an application for final site development plan and final plat approval, shall set the matter for public hearing in accordance with the regular procedures for final plat filing as prescribed in the subdivision regulations. The Planning Commission shall conduct the hearing and shall determine:

         (a)   Whether the final site development plan and final plat are consistent with the preliminary plans previously approved;

         (b)   Whether the final site development plan and final plat harmonize with the existing and expected development of surrounding areas;

         (c)   Whether the final site development plan and final plat are a unified treatment of the development possibilities of the project site; and

         (d)   Whether the final site development plan and final plat are consistent with the stated purposes and standards of this article.

      (2)   The Planning Commission shall forward its recommendation, the application and the final plans to the City Council for further hearing.

   (D)   Action by City Council. Upon receipt of the application, all final plans and the Planning Commission recommendation, the City Council shall hold a hearing, review the final plans and approve, disapprove, modify or return the plans to the Planning Commission for further consideration. Upon approval of the final site development plan and the final plat, the applicant may proceed with the filing of the final plat.

(Prior Code, § 11-10A-17) (Ord. 80-29, passed 12-16-1980)

   After the filing of an approved PUD subdivision plat, and notice thereof to the Code Official, no building permit shall be issued on land within the PUD, except in accordance with the approved plat. In a residential PUD, a building permit for a freestanding or separate accessory commercial structure shall not be issued until building permits have been issued for at least one-half of the number of dwelling units on which the authorization of the accessory commercial use is based.

(Prior Code, § 11-10A-18) (Ord. 80-29, passed 12-16-1980)

   The historic, architectural, cultural and aesthetic features of the City represent some of its finest and most valuable resources and these resources are the embodiment of the City’s heritage. Therefore, the purpose of the Historic Preservation Commission and the Historic Preservation Districts, that this Commission presides over, shall be as follows:

   (A)   To designate, preserve, protect, enhance and perpetuate those structures and districts which reflect outstanding elements of the City’s cultural, artistic, social, economic, political, architectural, historic or other heritage;

   (B)   To foster civic pride in the beauty and accomplishments of the past;

   (C)   To stabilize or improve the aesthetic and economic vitality and values of such structures and districts; and

   (D)   To promote the use of outstanding historic or architectural structures or districts for education, stimulation and welfare of the people of the City.

   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ARCHITECTURAL RESOURCES. Districts, structures, buildings, monuments, sites and landscaping that possess local interest or artistic merit, or which are particularly representative of their class or period, or represent achievements in architecture, engineering technology, design or scientific research and development.

   CERTIFICATE OF APPROPRIATENESS. The official document issued by the Planning Administrator or Historic Preservation Commission approving any application for permission to construct, erect, demolish, move, reconstruct, rehabilitate, restore, stabilize or alter any structure within a historic district.

   COMMISSION. Historic Preservation Commission. The makeup, members, terms and meetings is found in §§ 10-3-1 through 10-3-5 .

   DESIGN GUIDELINES. Statements that are intended to be advisory in nature and serve as a reference for all parties involved in the design review process. GUIDELINES are indicated by statements containing the words “should” or “encouraged”.

   GOOD REPAIR. A condition which not only meets minimum standards of health and safety, but which also guarantees continued attractiveness, continued structural soundness and continued usefulness.

   HISTORIC DISTRICT. A geographically definable area as designated by ordinance of the City Council which may contain one or more significant landmarks and which may have within its boundaries other properties or structures, while not of such historic and/or architectural significance, to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the district.

   HISTORIC RESOURCES. Sites, districts, structures, buildings or monuments that represent facets of history in the locality, state or nation; places where significant historic or unusual events occurred; places associated with a personality or group important to the past.

   LANDMARK. An individual structure, building, site or monument which contributes to the historic, architectural or archaeological heritage of the City and is worthy of rehabilitation, restoration and/or preservation.

   ORDINARY MAINTENANCE AND REPAIR. Any work for which a building permit or any other city permit or certificate is not required, and where the purpose of such work is stabilization and, further, where such work will not noticeably change the exterior appearance of the resource. Any work not satisfying all of the above requirements shall not be considered ORDINARY MAINTENANCE AND REPAIR. The following examples shall not be considered ORDINARY MAINTENANCE AND REPAIR: The application of paint to previously unpainted brick or masonry; the construction or enlargement of a driveway or parking area; the replacement of exterior doors or windows, except for repair of broken glass or screens by use of like glass or screens; and further, there are other types of construction or other work that shall not be considered ordinary maintenance and repair.

   PRESERVATION. The adaptive use, conservation, protection, reconstruction, restoration, rehabilitation or stabilization of sites, buildings, districts, structures, monuments or other resources significant to the heritage of the people of the City, and further:

      (1)   ADAPTIVE USE. The restrained alteration of a historic or architectural resource to accommodate uses for which the resource was not originally constructed, but in such a way so as to maintain the general historic and architectural character;

      (2)   CONSERVATION. The sustained use and appearance of a resource essentially in its existing state;

      (3)   PROTECTION. Maintaining the security and integrity as it exists through the establishment of the mechanisms of this article;

      (4)   RECONSTRUCTION. The process of recreating or reproducing by new construction all or part of the form and detail of a vanished resource as it appeared at a specified period in time;

      (5)   REHABILITATION. The process of returning a historic or architectural resource to the state of efficiency or soundness by repair or alteration designed to encourage its continued use but without noticeably changing the exterior appearance of the resource;

      (6)   RESTORATION. The process of accurately recovering all or a part of the form and detail of a resource and its setting as it appeared at a particular period of time by means of the removal of a later work and the replacement or duplication of missing earlier work; and

      (7)   STABILIZATION. The process of applying measures designed to halt deterioration and to establish the structural stability of an unsafe or deteriorated resource while maintaining the essential form as it presently exists without noticeably changing the exterior appearance of the resource.

   SIGNIFICANT CHARACTERISTICS OF HISTORIC OR ARCHITECTURAL RESOURCES. Those characteristics which are important to, or expressive of, the historic, architectural or cultural quality and integrity of the resource and its setting, and which include, but are not limited to, building materials, detail, height, mass, proportion, rhythm, scale, setback, setting, shape, street accessories and workmanship.

      (1)   BUILDING MATERIALS. The physical components and the manner of their utilization which create the aesthetic and structural appearance of the resource, including, but not limited to, a consideration of the texture, nature and style of the components and their combinations, such as brick, stone, shingle, wood, concrete or stucco.

      (2)   DETAIL. The architectural aspects which, due to particular treatment, draw attention to certain parts or features of a structure.

      (3)   HEIGHT. The vertical dimension of a given structure, building or monument.

      (4)   PROPORTION. The relative physical sizes within and between buildings and building components.

      (5)   RHYTHM. A regular pattern of shapes, including, but not limited to, windows, doors, projections and heights, within a building, structure or monument, or a group of the same.

      (6)   SCALE. The harmonious proportion of parts of a building, structure or monument to one another and to the human figure.

      (7)   SETTING. The surrounding buildings, structures or monuments or landscaping which provides visual aesthetic or auditory quality to the historic or architectural resources.

      (8)   SHAPE. The physical configuration of structures or buildings or monuments and their component parts, including, but not limited to, roofs, doors, windows and facades.

      (9)   STREET ACCESSORIES. Those sidewalks or street fixtures which provide cleanliness, comfort, directions or safety, and are compatible in design to their surroundings, and include, but are not limited to, trash receptacles, benches, advertising, displays, signs, lights, hydrants and landscaping, including, but not limited to, trees, shrubbery and planters.

   STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or which is attached to something having a permanent location on the ground. This includes, but is not limited to, buildings, fences, walls, driveways, sidewalks, parking areas and signs.

   This article shall apply to all areas within the jurisdiction of the City, except those areas which are zoned C-4 Central Business, in which case any property owner located in a C-4 Central Business District may apply for voluntary designation.

   There is hereby created the HP Historic Preservation Zoning District.

   The HP Historic Preservation District and its regulations may be applied to property located in any other zoning district, whether residential, commercial, industrial or agricultural, in accordance with the provisions of this article. This HP District is intended to be an overlay zoning district and the regulations imposed by such district shall be in addition to the regulations of the underlying zoning district applicable to the subject parcel or area. All provisions of this article, including the definitions contained therein, shall be applied to this district.

   Tracts, buildings, sites or areas designated by the City Council as being within the HP Historic Preservation District shall be identified on the official zoning map of the City and in other official writings by the suffix “HP”.

   The designating ordinance shall prescribe the significant exterior architectural features; the types of construction, alteration, demolition and removal, other than those requiring a building or demolition permit that should be reviewed for appropriateness; the design guidelines for applying the criteria for review of appropriateness; permitted uses; special uses; height and area regulations; sign regulation; and parking regulations.

   Nothing in this article shall be construed to prevent ordinary maintenance or repair of any structure, except exterior change.

   Any use permitted in a residential, commercial, business or industrial district while lying adjacent to, or across the street from, structures or areas falling within a HP District shall be screened or designated, as appropriate, so as to minimize its effect upon such structures or area. This required screening or design is specifically made applicable to all properties and uses whether the property or use preceded the HP designation or not.

   (A)   Review. The City may designate tracts and sites for inclusion within the Historic Landmark District or a HP District in the same manner prescribed for the designation of other zoning districts and subject to compliance with this article; however, all designations of tracts and sites for inclusion within a HP District shall be reviewed and considered by the HP Commission. Such Commission shall forward its recommendation regarding a proposed designation to the Metropolitan Area Planning Commission and thereafter to the City Council.

   (B)   Proposal of designation. The initiation of a proposal of designation may be made by the HP Commission, the City Council, the Metropolitan Area Planning Commission or upon the application of any owner or owners of the parcels to be designated or their authorized agents.

   (C)   Notice of consideration of designation.

      (1)   Notice of consideration of a district designation by the HP Commission shall be the same as is required for consideration of the adoption or amendment of zoning district boundaries by the Metropolitan Area Planning Commission.

      (2)   As a part of such notice, the City shall notify the owner or owners of record of affected properties by certified mail with return receipt requested of the proposed designation, including a copy of the proposed designation ordinance, a letter outlining the basis for the designation and the obligations and restrictions which result from such designation.

   (D)   Testimony or documentary evidence. The HP Commission may solicit and present expert testimony or documentary evidence regarding the historic, architectural, archaeological or cultural importance of the property or district proposed for designation.

   (E)   Plans and programs. It shall be the duty of the Planning Administrator, or Administrator’s designee, to report to the HP Commission as to the existence of such plans, programs or authorization which might have application to the property proposed for designation, and further to offer a professional opinion as to whether or not the proposed designation is in accordance with such plans, programs or authorizations.

   (F)   Written findings of Commission. As part of every such proposed designation, or proposed amendment of a designation, the HP Commission shall provide in writing to the Metropolitan Area Planning Commission and to the City Council the attributes of the area or property proposed for designation or the degree to which such attributes relate, and comply with, the review criteria set forth in this article. In addition, the Commission shall state in writing:

      (1)   Whether or not, in its review, designation would be in compliance with prior actions of the City Council approving plans, programs or authorizations for public trusts of the City;

      (2)   The proposed design guidelines for applying the criteria for review of certificates of appropriateness to the districts proposed for designation; and

      (3)   The recommendation as to appropriate permitted uses, uses permitted on review, height and area regulations, sign regulations and parking regulations necessary or appropriate to the preservation of the district proposed for designation.

   (G)   Notice of approvals or disapprovals. The Planning Administrator shall officially notify the HP Commission of the final determination of designation requests at the next meeting of the HP Commission following the City Council action.

   (H)   Amendment or repeal of designation. The HP Commission shall have the authority to amend or repeal any designation of a site, structure, building, district or monument in the same manner and according to the same procedures provided herein for the original designation.

   (A)   Resolution authorizing alteration, removal or demolition. No building permit shall be issue for alteration, construction, demolition or removal of any property or structure within a nominated historic district from the date of the meeting of the HP Commission at which an application form is first presented until its final disposition by the City Council unless such alteration, removal or demolition is authorized by formal resolution of the City Council as necessary for public health, welfare or safety. In no event shall the delay be for more than 180 days, except as provided in § 11-10B-14 .

   (B)   District designation; criteria. A site, structure, building, district or monument may be designated for preservation as a landmark or historic district and thus may be included within the Historic Preservation District if it possesses the following attributes within the categories below.

      (1)   Historic, cultural category.

         (a)   It has significant character, interest or value as part of the development, heritage or cultural characteristics of the locality, state or nation; or is associated with the life of a personality significant to the past.

         (b)   It is the site of a historic event with a significant effect upon the development, heritage or cultural characteristics of the locality, state or nation.

         (c)   It exemplifies a facet of the cultural, political, economic, social or historic heritage of the community.

      (2)   Architectural, engineering category.

         (a)   It depicts accurately an era of history characterized by a distinctive architectural style.

         (b)   It embodies those distinguished characteristics of an architectural type or engineering specimen.

         (c)   It is the work of a designer architect or contractor whose individual work has influenced the development of the locality, state or nation.

         (d)   It contains elements of design, detail, materials or craftsmanship which represents a style unique to the past.

         (e)   It is a part of or related to a square, park or other distinctive area and thus, should be developed and preserved according to a plan based on a historic, cultural or architectural motif.

         (f)   It represents an established and familiar visual feature of the neighborhood, community or skyline owing to its unique location or singular physical characteristics.

      (3)   Archaeological category.

         (a)   It has yielded, based upon physical evidence, information important to the history or prehistory of the area.

         (b)   It is part of, or related to, a distinctive geographical area which should be developed or preserved according to a plan based on cultural, historic or architectural motif.

   (A)   Required in certain instances. A certificate of appropriateness shall be required before the commencement of work upon any structure or site located within a HP District:

      (1)   Whenever such work requires a building permit;

      (2)   Whenever such work includes the application of paint to a previously unpainted brick or masonry exterior surface of the construction or enlargement of a driveway or parking area; and/or

      (3)   Whenever such work includes the construction, erection, moving, demolition, reconstruction, rehabilitation, restoration, stabilization or alteration of the exterior of any structure or site, except when such work satisfies all the requirements for “ordinary maintenance and repair” as defined in this article.

   (B)   Application for building permit. No building permit shall issue for any structure or site located within a HP District until the application for such permit has been reviewed by the HP Commission and a certificate of appropriateness has been approved.

   (C)   Copies of plans and specifications. When applying for such a permit, the applicant shall furnish two copies of all detailed plans, elevations, perspectives and specifications. The Planning Administrator shall forward to the HP Commission such application for a building permit within five days of receipt thereof. Any applicant may request a meeting with the HP Commission before submitting an application and may consult with the HP Commission during the review of the permit application.

   (D)   Approve or disapprove certificate. Upon review of the application, the HP Commission shall determine whether the proposed work is of a nature which will adversely affect any historic or architectural resource and whether such work is appropriate and consistent with the spirit and intent of this article. The HP Commission shall apply the criteria established by this article and based thereon shall approve or disapprove such certificate of appropriateness. If the Commission disapproves a certificate of appropriateness, no permit shall be issued and the applicant shall not proceed with the proposed work.

   (E)   Guidelines to supplement regulations. The HP Commission shall develop such guidelines as it may find necessary to supplement the provisions of this article and to inform owners, residents and the general public of those techniques which are considered most proper for undertaking work relating to historic and architectural resources. The Commission shall have the opportunity to advise the City Council concerning provisions in the building, electrical, plumbing, heat and air and housing codes and other codes which affect preservation work.

   (F)   New construction; reasons for disapproval.

      (1)   It is not the intent of this article to limit new construction to any one period or architectural style, but to preserve the integrity of the historic and architectural resources and to ensure the compatibility of new work constructed in the vicinity.

      (2)   In the case of the disapproval of plans by the HP Commission, it shall state in writing the reasons for such disapproval and it may include suggestions for the applicant to consider that might secure the subsequent approval of the HP Commission.

   (G)   Archaeological resources. With regard to the development of a property containing a designated archaeological resource, a certificate of appropriateness shall be required prior to the issuance of the permit for which the applicant has applied; and further, the following requirements shall be satisfied.

      (1)   Archaeological resources shall be protected from inappropriate or improper digging by demonstration by the applicant that the appropriate permits and standards are met as set out by the Oklahoma Historical Society.

      (2)   Any discovered materials shall be properly recorded, reported, stored or exhibited according to the standards set by the Oklahoma Historical Society.

      (3)   All development affecting the designated archaeological resource shall provide for the permanent preservation of the resource or provide for the completion of the necessary work as recommended by the qualified archaeologist.

      (4)   Prior to the hearing by the HP Commission for issuance of the certificate of appropriateness, the applicant or the Commission shall cause to have presented the comments and recommendations of a qualified archaeologist with respect to the resource under consideration and the application which would affect it.

   (H)   Review by Commission; criteria.

      (1)   The Commission may approve a certificate of appropriateness subject to certain conditions. Work performed pursuant to the issuance of a certificate of appropriateness shall conform to the requirements of such certificate, if any. It shall be the duty of the Planning Administrator and the Code Enforcement Department to inspect any work performed pursuant to a certificate of appropriateness to assure such compliance.

      (2)   In the event that such work is not in compliance, the Planning Administrator shall issue a stop work order. The HP Commission may request by resolution that the Planning Administrator inspect the work and issue a stop work order.

      (3)   The Commission shall be guided by the following review criteria:

         (a)   The purpose and intent of this article;

         (b)   The degree to which the proposed work may destroy or alter all or part of a resource;

         (c)   The degree to which the proposed work would serve to isolate the resource from its historic or architectural surroundings, or would introduce visual, audible, vibratory or polluting elements that are out of character with the resources and its setting, or that adversely affect the physical integrity of the resource;

         (d)   The compatibility of the building materials with the aesthetic and structural appearance of the resource, including, but not limited to, the consideration of texture, style, color or the components and their combinations of elements such as brick, stone, concrete, shingle, wood or stucco; and

         (e)   The compatibility of the proposed design to the significant characteristics of the resource, including, but not limited to, a consideration of a harmony of materials, details, height, mass, proportion, rhythm, scale, setback, shape, street accessories and workmanship.

   (I)   Authority of Planning Administrator. The HP Commission, at its discretion, may authorize the Planning Administrator to administer the provisions of this section. Any decision by the Planning Administrator regarding the review and approval of a certificate of appropriateness may be appealed to the HP Commission. The Planning Administrator may approve a certificate of appropriateness for the following areas without prior approval from the HP Commission:

      (1)   Any changes to exterior paint when the applicant is using a paint color from a designated historic palette from any major paint company. If it is the intention of the applicant to paint masonry material, the application must be taken to the HP Commission;

      (2)   Any changes to a fence when the applicant is applying for a wrought iron, picket or brick fence. If a solid wood or stockade fence is applied for, there must be a decorative feature proposed to be included in the design. Chainlink fencing is not allowed within a historic district;

      (3)   Any replacement of the driveway that is not changing the current size or location of the current driveway;

      (4)   Any changes to the roof or shingles when the same color and style of shingle is being used to replace the current shingles; and

      (5)   Any changes to any nonhistoric features of the home that are not visible from the street as long as there is not a greater impact on the house or neighborhood.

   (A)   Application. Application on forms prescribed by the Commission for a certificate of economic hardship may be made by the owner or his agent who has been denied a certificate of appropriateness for any work.

   (B)   General requirements and procedures. The Commission may require that the applicant for a certificate of economic hardship make submissions concerning any or all the following information before it makes a determination on the application:

      (1)   An estimate of the cost of the proposed construction, alteration, demolition or removal, and estimate of any additional cost that would be incurred to comply with the recommendations of the Commission for changes necessary for the issuance of a certificate of appropriateness;

      (2)   A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;

      (3)   The estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the Historic Preservation Commission and, in the case of a proposed demolition, after renovation of the existing property for continued use;

      (4)   In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility or rehabilitation or reuse of the existing structure on the property;

      (5)   Amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

      (6)   If the property is income producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

      (7)   Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;

      (8)   All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property;

      (9)   Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years; and

      (10)   Assessed values of the property according to the two most recent assessments.

   (C)   Public hearing required. After the application for certificate of economic hardship has been submitted, the Commission shall hold a public hearing at which any person may testify concerning economic hardship.

   (D)   Determination of economic hardship. The Commission shall review all the evidence and information required of any applicant for a certificate of economic hardship and make a determination within 45 days of receipt of the application, whether the denial of a certificate of appropriateness has deprived, or will deprive, the owner of the property of reasonable use of, or economic return on, the property. If the Commission disapproves such a certificate of economic hardship, the applicant shall proceed with work only when issued a certificate of appropriateness as provided in § 11-10B-12 .

   (A)   Approval; certification required. No structure or site within any HP District shall be demolished or removed unless such demolition shall be approved by the HP Commission and a certificate of appropriateness for such demolition is granted.

   (B)   Procedure and postponement orders.

      (1)   The HP Commission shall hold a public hearing for the purpose of considering a certificate of appropriateness for demolition or removal. After such hearing, the Commission may approve the certificate of appropriateness thereby authorizing the demolition or the Commission may deny the certificate of appropriateness and postpone the demolition or removal for a period not to exceed 180 days.

      (2)   At the conclusion of such period of postponement as specified, the Commission, within 45 days thereafter, shall hold a second public hearing for the purpose of considering whether or not the Commission should recommend to the City Council that an additional postponement of demolition be ordered.

      (3)   In the event the HP Commission should make such recommendation of additional postponement to the City Council, the City Council shall hold a public hearing for the purpose of considering an additional postponement of demolition.

      (4)   At such public hearing, the City Council may enter an order approving the demolition or may enter an order postponing demolition for an additional period not to exceed 120 days from the date of such order. At the conclusion of this final period of postponement, the Planning Administrator shall issue a permit approving the demolition.

   (C)   Criteria for review of demolition. The HP Commission and the City Council shall be guided by the following criteria in considering certificates of appropriateness and authorizations for demolition of structures or sites within a HP District:

      (1)   The purposes and intent of this article;

      (2)   The degree to which the proposed removal of the historic resources would serve to destroy the integrity and continuity of the Historic Preservation District of which it is a part;

      (3)   The nature of the resource as a representative type or style of architecture, socioeconomic development, historic association or other element of the original designation criteria applicable to such structure or site;

      (4)   The condition of the resource from the standpoint of structural integrity and the extent of work necessary to stabilize the structure; and

      (5)   The alternatives available to the demolition applicant, including:

         (a)   Donation of the subject structure or site to a public or benevolent agency;

         (b)   Donation of a part of the value of the subject structure or site to a public or benevolent agency, including the conveyance of development rights and facade easements;

         (c)   The possibility of sale of the structure or site, or any part thereof, to a prospective purchaser capable of preserving such structure or site;

         (d)   The potential of such structure or site for renovation and its potential for continuing use;

         (e)   The potential of the subject structure or site for rezoning in an effort to render such property more compatible with the physical potential of the structure; and

         (f)   The ability of the subject structure or site to produce a reasonable economic return on investment of its owner; provided, however, that it is specifically intended that this factor shall not have exclusive control and effect, but shall be considered along with all other criteria contained in this article.

   (A)   Minimum requirements; file resolution. Designated landmarks, or structures, buildings or monuments within HP Districts shall be maintained to meet the minimum requirements of codes and ordinances governing the public health, safety and welfare. The Commission, on its own initiative, may file a resolution with the appropriate codes to require correction of defects or initiation of repairs.

   (B)   Repair; landscaping. All persons in charge of a landmark, or structure, building or monument within a HP District shall keep in good repair all of the exterior portions of such resources, including appropriate landscaping.

   (C)   Parking certain vehicles on private property. It shall be unlawful and an offense for any person to park any “private passenger vehicle”, “commercial vehicle” or “recreational vehicle”, as defined in § 11-14-8 A, in the front yard or exterior side yard of any residence within a HP District, unless such vehicle is parked within a designated parking area such as a garage, carport or driveway.

   (A)   Review. All matters regarding property or sites situated within a HP District shall be reviewed and considered by the Commission prior to final action by the Metropolitan Area Planning Commission, the Board of Adjustment, or the City Council.

   (B)   Right to appeal. Any person aggrieved by a decision of the HP Commission may appeal such decision to the City Council. Such appeal shall be made in writing and filed with the Planning Administrator within seven days of the date of the decision. The City Council may affirm, overrule or modify the decision of the HP Commission. The City Council shall be guided by the review criteria specified in §§ 11-10B-11 and 11-10B-13 .

   Nothing in this article shall be construed as reason for an increased valuation of property for purposes of ad valorem taxation because of historic designation.

   The requirements, provisions and purposes of this article shall apply to all property owned by the City or any other public agency; provided, however, designation pursuant to this article shall not affect the validity of prior actions of the City Council approving plans, programs or authorizations for public trusts without an express amendment of such plan, program or authority.

   (A)   Purpose and intent. The Kenwood and Waverley Historic District designations are intended to promote the health, safety, economic, cultural and general welfare of the public by encouraging the conservation and enhancement of the Kenwood Addition and Waverley Addition. The purposes of the district designations are:

      (1)   To safeguard their heritage by preserving these districts which reflect elements of cultural, social, economic, political and architectural history;

      (2)   To stabilize and improve property values through protective zoning and land use policies; and

      (3)   To foster civic improvement through private property improvement design guidelines.

   (B)   District designations.

      (1)   Boundaries.

         (a)   Boundaries of the Kenwood Historic District shall include the south half of Blocks 13, 14, 15 and all of Blocks 26, 27, 28, 30, 31, 32, 41, 43, Lots 5 through 24, Block 29 and Lot 1, Block 42, inclusive, Kenwood Addition to the City as shown by the recorded plat thereof, and any replats which have been filed of record.

         (b)   The boundaries of the Waverley Historic District shall include the south half of Blocks 5 and 6 and all of Blocks 11, 12, 13, 14, 15, Waverley Addition; the south half of Block 2 and all of Blocks 3, 4, 5, 6, 7, 8, Waverley 2nd Addition; the south half of Blocks 3 and 4 and all of Blocks 5, 6, 7, 8, Waverley 3rd Addition; Lots 1 through 8, Block 3, Lots l through 6, Block 4, Lots 1 through 6, Block 5, Lots 1 through 6, Block 6, Lots 1 through 6, Block 7, Lots 1 through 6, Block 8, Waverley 4th Addition to the City, as shown on the recorded plat thereof, and any replats which have been filed of record.

      (2)   Overlay zoning districts established.

         (a)   The Kenwood Historic District and Waverley Historic District shall each be an overlay zoning district. The underlying zoning on the property designated by the regular zoning district regulations of this title shall continue to regulate the use and development of land unless expressly modified by this article.

         (b)   Areas, tracts or sites within these districts shall henceforth be identified on the official zoning map and in other official writings by the attachment of the suffix “HP” for the underlying zoning district classification.

         (c)   Regulations established in this article shall take precedence over all the regulations in this title whether they are more or less restrictive.

      (3)   Historic districts. The Kenwood and Waverley Historic Districts shall be those areas shown and bounded as such on the official zoning map of the City, entitled “Kenwood Historic District” and “Waverley Historic District” each of which is incorporated by reference herein as if fully set out.

   (C)   Architectural and historic significance of each district.

      (1)   The City finds and designates the Kenwood Historic District due to its cultural, economic and architectural history.

      (2)   In particular, the Kenwood Historic District, platted in 1894, contains some of the finest examples of prairie and Victorian cottage architectural styles. The district contains certain residential structures designed by the best architects in the area and which served as homes for prominent early day citizens. The original architectural and structural integrity of many of the residences still exists.

      (3)   The City finds and designates the Waverley Historic District due to its cultural, economic and architectural history. In particular, the Waverley Historic District, platted in 1902 and 1907, contains fine examples of a variety of architectural styles including bungalows, colonial revival, medieval period revival, Spanish, prairie and neoclassical styles. The district contains certain residential structures designed by the best architects in the area and which served as homes for prominent early day citizens. The original architectural and structural integrity of many residences still exists.

   (D)   Regulation of structures. No exterior of any structure or site shall be regulated, erected, moved, demolished, reconstructed, rehabilitated, restored, stabilized or altered within the Kenwood and Waverley Historic Districts unless such action complies with the requirements of this section.

      (1)   Land use regulations. The zoning provided in Ordinances 86-13 and 86-17 is in accordance with either the current use being made of the property or the original intended use of the property, whichever is more consistent with the overall character of the district. The primary use of the Kenwood and Waverley Historic Districts is single-family residential and the City shall strive to preserve and protect this character. In certain instances there may be structures deteriorated to the extent that they cannot be feasibly used as originally intended. If adaptive reuse is not allowed in these cases, the only alternative is “nonuse” which results in increased deterioration or pressure for demolition. If an owner submits substantial evidence indicating that a last resort to saving the structure is an alternative use, the Historic Preservation Commission may recommend to the Zoning Board of Adjustment that a use variance be granted. A use variance may be permitted when the resulting conversion of the structure to an alternative use would not compromise the historic, cultural or architectural integrity of the structure or the district. If a use variance is granted, it shall be for the particular property involved and shall be for that use only. Should the use discontinue for a period of 90 days, such discontinuance shall establish a presumption of intent to abandon, and then the property may only be used in accordance with the zoning of the property.

      (2)   Design guidelines.

         (a)   New construction. The design guidelines for new construction in the Kenwood and Waverley Historic Districts are applicable to the following types of activity:

            1.   Types of activity:

               a.   Construction of a new building or auxiliary structure;

               b.   Any addition to or alteration of an existing structure which increases the square footage in that structure or otherwise alters its size, height, contour or outline;

               c.   Addition or removal of one or more stories; or

               d.   Alteration of rooflines.

            2.   Guidelines for new construction:

               a.   Intent; technical assistance. These guidelines are not intended to discourage contemporary design. Imitation and duplication of architecturally significant details compromises the integrity of both the old and the new. Nevertheless, the guidelines are adopted in order to integrate new construction with existing structures in such a way that they harmonize with the surrounding environment of the Historic District. Technical assistance is available to the public through the City’s Historic Preservation Commission when specific projects are affected by new construction guidelines.

               b.   Specific guidelines.

                  i.   The height of new buildings or additions to existing structures must be no greater than the cornice height of the highest contributing structure within the same block on the same side of the street.

                  ii.   The building setbacks and rhythm of spacing of buildings along the same side of a street within a block must be maintained when new construction is proposed.

                  iii.   The directional expression and sense of entry of buildings along the street facade must be maintained when new construction is proposed. Further, garages should be set back behind the house if that is the prevailing pattern in the area.

                  iv.   The materials, colors and textures of new construction must be consistent and compatible with the existing contributing structures within the same block on the same side of the street.

                  v.   The scale (the proportion between two sets of dimensions) of new construction must be consistent and compatible with the existing contributing structures within the same block on the same side of the street.

                  vi.   New construction within a historic district shall be consistent and compatible with existing and prevailing elements of contributing structures in the block with regard to all of the following design elements:

                     (A)   Rhythm of solids and voids on the front facade, which is the rhythm of masses to openings;

                     (B)   Rhythm and proportion of window and door openings, including the width and height relationships of windows and doors;

                     (C)   Rhythm of entrance and/or porch projections;

                     (D)   Relationship of architectural details, including shutters;

                     (E)   Relationship of ground cover and landscaping, primarily mass and continuity;

                     (F)   Relationship of roof shapes; i.e., gable, hip or mansard; and

                     (G)   Walls of continuity which involves the physical ingredients which form continuous walls of enclosure along the streets, including walls, facades, fences, trees or a combination of these.

               c.   Waiver. Some sites may have their own unique problems and may require special consideration. A strict interpretation of these guidelines may be waived on a case by case and item by item basis by the HP Commission.

         (b)   Rehabilitation. The design guidelines for rehabilitation in the Kenwood and Waverley Historic Districts are as follows:

            1.   Guidelines for rehabilitation.

               a.   Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.

               b.   The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

               c.   All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historic basis and which seek to create an earlier appearance shall be discouraged.

               d.   Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

               e.   Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

               f.   Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

               g.   The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be permitted.

               h.   Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

               i.   Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.

               j.   Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

            2.   Interpretation. The Secretary of the Interior has prepared guidelines for rehabilitating historic buildings. The City will use these guidelines as a reference when interpreting the guidelines listed above.

         (c)   Technological advancements. The design guidelines for technological advancements relate to certain accessory appurtenances to development which may compromise the integrity of the Kenwood and Waverley Historic Districts. For this reason, the following standards shall be used when addressing technological advancements that have occurred since the district was developed. Any technological advancements visible from the street facade require a certificate of appropriateness prior to installation. Examples of same technological advancements are as follows.

            1.   Synthetic siding.

               a.   Synthetic clapboard siding may be permitted in the construction of a new building if the dimensions, colors and textures match that of the contributing structures on the same block.

               b.   Synthetic siding may be permitted when proposed for any addition to, or alteration of, an existing structure if such siding is consistent with the dimensions, colors and textures of the contributing structures on the same block.

            2.   Satellite dishes. Satellite dishes shall be located in the rear yard and screened so that they are not visible from any street.

            3.   Solar panels and skylights. Solar panels and skylights are permitted if they are constructed parallel to, and project no more than eight inches from, the surface of the roof. Solar panels shall not be visible from any street.

            4.   Fences. Walls of continuity (subsection (D)(2)(a)2.b.vi. above under design guidelines for new construction) addresses this concern. However, it should be emphasized that fence materials should enhance rather than detract from the property they protect. The Commission suggests wrought iron, picket fencing or brick walls to add to the historic spirit of the neighborhood. Chainlink fences are prohibited unless properly screened by foliage.

            5.   Window air conditioners. Window air conditioners should not be placed in the front facade. Any remote or exterior mechanical equipment should be placed behind the front yard setback and be screened so that they are not visible from any street.

            6.   Storm windows and doors. Storm windows and doors are not permitted in the construction of a new building. Storm doors and windows may be permitted on the exterior of existing contributing structures if such doors or windows are consistent with the original structural design.

      (3)   Certificates of appropriateness.

         (a)   Required; prerequisite. A certificate of appropriateness is required in the following instances before the commencement of work upon any structure or site located within the historic district:

            1.   Whenever such work requires a building permit issued by the City. No building permit shall be issued by the Code Official for any structure or site located within a Historic District until the application for such permit has been reviewed by the Historic Preservation Commission and a certificate of appropriateness is approved by the Commission;

            2.   Whenever such work includes the application of paint to previously unpainted brick or masonry exterior surface or the construction or enlargement of a driveway or parking area; and

            3.   Whenever such work includes the construction, erection, moving, demolition, reconstruction, rehabilitation, restoration, stabilization or alteration of the exterior of any structure or site, or the installation of a technological advancement, except when such work satisfies all the requirements for ordinary maintenance and repair.

         (b)   Certificate of appropriateness application procedure.

            1.   When applying for such certificate, the applicant must furnish two copies of all detailed plans, elevations, perspectives and specifications, and the Planning Administrator shall forward to the Commission such application for a certificate within five days of receipt thereof. Any applicant may request a meeting with the Commission before submitting an application and may consult with the Commission during the review of the application.

            2.   Upon review of the application, the Commission will determine whether the proposed work is of a nature which will adversely affect any historic or architectural resource and whether such work is appropriate and consistent with the spirit and intent of the designating ordinance. The Commission will apply the criteria listed below and, based thereon, shall approve or disapprove the certificate of appropriateness. If the Commission disapproves the certificate of appropriateness, no permit will be issued and work cannot proceed.

         (c)   Certificate review procedure. The Historic Preservation Commission will use the following criteria when reviewing the application. The Commission shall determine whether or not the application complies with:

            1.   The purpose and intent of the designation ordinance;

            2.   The degree to which the proposed work may destroy or alter all or part of a resource;

            3.   The degree to which the proposed work would serve to isolate the resource from its historic or architectural surroundings or would introduce visual, audible, vibratory or polluting elements that are out of character with the resource and its setting, or that adversely affect the physical integrity of the resource;

            4.   The compatibility of the building materials with the aesthetic and structural appearance of the resource, including, but not limited to, the consideration of texture, style, color or the components and their combinations of elements such as brick, stone, concrete, shingle, wood or stucco; and

            5.   The compatibility of the proposed design to the significant characteristics of the resource, including, but not limited to, the consideration of a harmony of materials, details, height, mass, proportion, rhythm, scale, setback, shape, street, accessories and workmanship.

   This overlay district encompasses the core of the central business district and serves as the primary shopping and employment area for the community and surrounding area. The district is intended to provide for general business uses such as retailing of all kinds, professional offices, financial institutions, residential facilities and limited wholesaling. Land uses deemed as incompatible to the desired commercial mix are prohibited uses. The underlying zoning provisions shall prevail, unless the provisions contained in this article are more restrictive, in which case, the overlay district shall prevail.

(Prior Code, § 11-10C-1) (Ord. 80-29, passed 12-16-1980)

   The creation of the Enid Town Square Overlay District is intended to promote the historical, architectural, cultural, economic and aesthetic features of the Central Business District. Therefore, it is hereby declared that the purposes of this district shall be as follows:

   (A)   To preserve, protect, enhance and perpetuate those structures which reflect the outstanding elements of the City’s cultural, artistic, social, economic, political, architectural and historic heritage;

   (B)   To stabilize and improve the aesthetic and economic vitality and values of such structures;

   (C)   To sustain the character and integrity of the Central Business District by focusing special attention on the maintenance of the physical environment;

   (D)   To prevent economic obsolescence and to promote reinvestment by fostering stable property values; and

   (E)   To foster the harmonious and orderly growth, development and redevelopment of the Central Business District.

(Prior Code, § 11-10C-2) (Ord. 80-29, passed 12-16-1980)

   The ENID TOWN SQUARE OVERLAY DISTRICT shall be defined as that portion of the Central Business District bounded by Elm Street on the north, the Union Pacific railroad tracks on the east, Adams Street on the west from Elm Street to Cherokee Avenue, Washington Street on the west from Cherokee Avenue to the half-block south of Garriott Road and a line contiguous with the centerline of the east-west alley in Block 4, Southside Addition, extending from Washington Street east to the UP railroad tracks.

(Prior Code, § 11-10C-3) (Ord. 80-29, passed 12-16-1980)

   (A)   Uses permitted. Property and buildings located in the Enid Town Square District shall be used only for the following uses: Any use permitted in the C-3 General Commercial District.

   (B)   Uses permitted by review. The following uses may be permitted after review in accordance with § 11-14-1 :

      (1)   Light manufacturing;

      (2)   Warehousing, general; and

      (3)   Any other similar business or service, which is consistent with the general description of the district, and meets the conditions for authorization as specified in § 11-14-1.

(Prior Code, § 11-10C-4) (Ord. 80-29, passed 12-16-1980)

   The following uses shall be prohibited in the Enid Town Square Overlay District:

   (A)   “Adult entertainment uses”, as defined in § 11-1-7;

   (B)   Alcohol and drug treatment centers, residential;

   (C)   Bingo parlors;

   (D)   Blood banks;

   (E)   Detention centers, forced;

   (F)   Mental health facilities, transitional;

   (G)   Metal buildings, either premanufactured or site built, unless the exterior of such building is constructed of a masonry or similar material that is compatible with the character and integrity of the architectural style prevalent in the overlay district. This determination shall be made by the Code Official;

   (H)   Mobile home sales and service;

   (I)   Pari-mutuel betting, either as a primary use or an accessory use;

   (J)   Shelters, emergency, domestic violence, dependent and neglected children; and

   (K)   Medical marijuana dispensary, commercial grower or processor.

(Prior Code, § 11-10C-5) (Ord. 80-29, passed 12-16-1980; Ord. 2023-09, passed 7-6-2023)

   The Airfield Environs Overlay District is an overlay zone established to accommodate a range of land uses that are compatible with airfield accident hazard and noise exposure areas and to prohibit incompatible uses that are detrimental to the public health, safety and welfare in the airfield environs. The Airfield Environs Overlay District supplements the regulations of the underlying zoning districts. The regulations of the Airfield Environs Overlay District prevail if there is a conflict.

(Prior Code, § 11-10D-1) (Ord. 2006-27, passed 12-5-2006)

   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCIDENT POTENTIAL ZONE (APZ)

      (1)   APZ I. Is described as being 3,000 feet wide (1,500 feet to each side of the runway centerline) and extending outward from the end of the CZ an additional 5,000 feet. This zone has a reduced accident potential.

      (2)   APZ II. Is described as being 3,000 feet wide (1,500 feet to each side of the runway centerline) and extending outward from the end of the APZ I an additional 7,000 feet. This zone has a further reduced, although still significant, accident potential.

   AIRFIELD. Vance Air Force Base, Enid, Oklahoma.

   AIRFIELD ENVIRONS OVERLAY DISTRICT. The area within the Vance Air Force Base vicinity, which is impacted by the combined effects of aircraft noise and accident potential and therefore, must be protected from the noise and safety hazards associated with aircraft operations.

   AIRSPACE CONTROL SURFACES PLAN. The standards which determine the approach and departure slopes and imaginary surfaces surrounding Vance AFB. The standards are specified in 14 C.F.R. (Code of Federal Regulations) part 77.21, chapter 1, and are hereby adopted by reference. 14 C.F.R. § 77.21 (military airport imaginary surfaces) reads as follows:

 

 

   CLEAR ZONE (CZ). Two thousand feet wide (1,000 feet to each side of the runway centerline) and extending outward from the end of all active runway surfaces. The CZ starts at the end of the runway and extends outward 3,000 feet. This zone has the highest accident potential.

   CLEAR ZONE, ACCIDENT POTENTIAL ZONES AND NOISE ZONES MAP. The official map adopted by reference with this title, designating clear zones, accident potential zones and noise zones per March 2003, Air Installation Compatible Use Zone (AICUZ) Study.

   DECIBEL (dB). The physical unit commonly used to describe noise levels; the unit of level such as the sound pressure level.

   NOISE ZONES (NZ). Areas subject to a degree of exterior noise created by airfield operations. There are four NZs as follows:

      (1)   65<70 dB;

      (2)   70<75 dB;

      (3)   75<80 dB; and

      (4)   80+ dB.

   NONCONFORMING USE. Any structure or use of land which is lawfully in existence at the time a regulation is prescribed in an ordinance or an amendment thereto becomes effective.

   OVERLAY DISTRICT. A set of zoning requirements that are imposed in addition to those of the underlying district.

   STRUCTURE. An object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines.

(Prior Code, § 11-10D-2) (Ord. 04-01, passed 1-6-2004)

   Within the Airfield Environs Overlay District, there are areas affected similarly by the combined characteristics of noise, flight tracks, altitude and accident potential. These areas are designated as Clear Zones (CZs), Accident Potential Zones (APZs) and Noise Zones (NZs). These areas are consistent with Air Force and local community land use guidelines. These areas are subdistricts within the Overlay District.

(Prior Code, § 11-10D-3) (Ord. 04-01, passed 1-6-2004)

   This subdistrict is the most severely impacted by the operations of the adjacent airfield, which possesses a significant risk factor for aircraft accidents. The placement of structures is not compatible and is therefore prohibited. CZ also encompasses portions of Noise Zones Ldn 75<80 and 80+. Therefore, noise sensitive uses are not compatible without the incorporation of extensive noise attenuation construction techniques. Exposure to outside noise could be a health hazard to persons and animals. It is intended that the principal use of land shall remain for agriculture production of crops and other miscellaneous agriculture services. Residential uses are not permitted, unless otherwise specified in table 1, § 11-10D-13.

   (A)   District use regulations.

      (1)   Uses permitted. Property in CZ shall be utilized only for those uses permitted in the underlying zoning districts, unless otherwise specified in table 1, § 11-10D-13 .

      (2)   Uses permitted by review. Property in CZ shall be utilized only for those uses permitted by review in the underlying zoning districts, unless otherwise specified in table 1, § 11-10D-13 .

   (B)   Site development standards.

      (1)   Standards of underlying district. Property shall be developed in accordance with the development standards of the underlying district.

      (2)   Height. Buildings and structures are prohibited, unless otherwise specified in table 1, § 11-10D-13 . No building or structure shall exceed 25 feet in height or the maximum height specified by the airspace control surfaces plan, whichever is less.

(Prior Code, § 11-10D-4) (Ord. 04-01, passed 1-6-2004)

   This subdistrict is severely impacted by the operations of the nearby airfield. Due to the number of flight tracks over this subdistrict, a risk factor for aircraft accidents does exist, although not as great as CZ. APZ I encompasses portions of Noise Zones Ldn 65<70, 70<75, 75<80 and 80+. Therefore, noise sensitive uses are not compatible without the incorporation of extensive noise attenuation construction. Exposure to outdoor noise could be a health hazard to persons and animals. It is intended that the primary use of land in this district remain for agriculture production of crops and other agriculture services. Residential uses are not compatible with United States Air Force (USAF) recommendations and are not permitted, unless otherwise specified in table 1, § 11-10D-13.

   (A)   District use regulations.

      (1)   Uses permitted. Property and buildings in APZ I shall be utilized only for those uses permitted in the underlying zoning districts, unless otherwise specified in table 1, § 11-10D-13 .

      (2)   Uses permitted by review. Property and buildings in APZ I shall be utilized only for those uses permitted by review in the underlying zoning districts, unless otherwise specified in table 1, § 11-10D-13 .

   (B)   Site development standards.

      (1)   Standards of underlying district. Property shall be developed in accordance with the development standards of the underlying district.

      (2)   Height. No building or structure shall exceed 35 feet in height or the maximum height specified by the airspace control surfaces plan, whichever is less.

(Prior Code, § 11-10D-5) (Ord. 04-01, passed 1-6-2004)

   This subdistrict is heavily impacted by the operations of the nearby airfield, which possess a significant risk factor for aircraft accidents. Residential uses, other than low density single-family dwellings, are not compatible. Density in this area is restricted to one dwelling unit per acre, and commercial areas are limited to 50 persons per acre. APZ II encompasses portions of Noise Zones Ldn 65<70 and 70<75. Therefore, noise sensitive uses are not compatible without the incorporation of noise attenuation construction. Most outdoor uses are only marginally compatible. It is intended that the principal use of undeveloped lands within the district remain for agriculture production of crops and other miscellaneous agriculture services until such time as development is warranted. This subdistrict is also intended to accommodate the wholesale, light industrial and retail uses that are permitted in the underlying zoning districts, which do not concentrate large numbers of people.

   (A)   District use regulations.

      (1)   Uses permitted. Property and buildings in APZ II shall be utilized only for those uses permitted in the underlying zoning districts, unless otherwise specified in table 1, § 11-10D-13 .

      (2)   Uses permitted by review. Property and buildings in APZ II shall be utilized only for those uses permitted by review in the underlying zoning districts, unless otherwise specified in table 1, § 11-10D-13 .

   (B)   Site development standards.

      (1)   Standards of underlying district. Property shall be developed in accordance with the development standards of the underlying zoning district.

      (2)   Height. No building or structure shall exceed the height specified in the underlying zoning district, or the maximum height specified by the airspace control surfaces plan, whichever is less.

(Prior Code, § 11-10D-7) (Ord. 04-01, passed 1-6-2004)

   This subdistrict is the most severely impacted by the operations of the adjacent airfield. Noise sensitive uses are not compatible without the incorporation of extensive noise attenuation construction techniques. NZ 80+ also encompasses portions of the Clear Zone, and APZ I. Exposure to outside noise could be a health hazard to persons and animals. It is intended that the principal use of land shall remain for agriculture production of crops and other miscellaneous agriculture services. Residential uses are not permitted unless otherwise specified in table 1, § 11-10D-13.

   (A)   District use regulations.

      (1)   Uses permitted. Property in NZ 80+ shall be utilized only for those uses permitted in the underlying zoning districts, unless otherwise specified in table 1, § 11-10D-13 .

      (2)   Uses permitted by review. Property in NZ 80+ shall be utilized only for those uses permitted by review in the underlying zoning districts, unless otherwise specified in table 1, § 11-10D-13 .

   (B)   Site development standards.

      (1)   Standards of underlying district. Property shall be developed in accordance with the development standards of the underlying district.

      (2)   Height. Buildings and structures are prohibited, unless otherwise specified in § 11-10D-13 , table 1. No building or structure shall exceed 25 feet in height or the maximum height specified by the airspace control surfaces plan, whichever is less.

(Prior Code, § 11-10D-10) (Ord. 04-01, passed 1-6-2004)

   Within the boundaries of the Airfield Environs Overlay District, there are particular land uses, which are considered airfield hazards and therefore, shall be prohibited:

   (A)   Uses which release into the air any substance, such as, but not limited to, steam, dust, smoke, fumes or gases, unless such substance is generated from agricultural use, which would impair visibility or otherwise interfere with military operations including ground operations;

   (B)   Uses which produce light emissions, either direct or indirect (reflective), which would interfere with pilot vision and aerial or ground based night vision training;

   (C)   Uses which produce electrical emissions which would interfere with military ground and aircraft communication and navigational equipment;

   (D)   Uses which attract birds or waterfowl, such as, but not limited to, operation of sanitary landfills and maintenance of feeding stations;

   (E)   Uses which endanger the approach, departure or maneuvering of aircraft by providing structures within ten feet of a defined aircraft approach, departure or transitional surfaces or 100 feet beneath a low level military training route; and

   (F)   Uses which detract from the aesthetic appearance or otherwise create or promote an unsightly, unsanitary or unhealthy appearance of any entrance into a military installation, including, but not limited to, automobile or truck salvage yards, equipment storage sites or solid waste or disposal sites.

(Prior Code, § 11-10D-11) (Ord. 2006-27, passed 12-5-2006)

   (A)   Continuance. A nonconforming use lawfully existing at the time this section became effective may be continued except as provided otherwise.

   (B)   Discontinuation. If a nonconforming use of any building, structure or land is discontinued or its normal operation slops for a period of five years, the use shall thereafter conform to a use permitted in conformance with these regulations. For purposes of this section, a BUILDING is defined as a structure with a common roof and may include more than one business or use, that are contiguous or adjoining, such as Oakwood Mall, Neilson Square or Sunset Plaza.

   (C)   Destruction by calamity. Any nonconforming use which has been damaged or destroyed by fire or other causes may be repaired or rebuilt to its original condition without regard to these regulations; provided, however, noise attenuation construction shall be required if specified in § 11-10D-13 , table 1.

   (D)   Expansion or enlargement. A nonconforming use may not be expanded, increased, enlarged or extended. However, the size or square feet of a nonconforming building or structure, that is nonconforming due to the concentration of persons (density), may be increased if by doing so the density of the use is decreased by twenty-five percent (25%).

   (E)   Single-family dwellings permitted. Any lot or tract of record or combination of lots of record existing as of the effective date hereof may be utilized for the placement of a single-family dwelling, if so permitted in the underlying zoning district; provided, however, noise attenuation construction shall be required.

   (F)   Change of use. A nonconforming use of a building or structure or land may be changed to an equal or less objectionable use within or outside of the same classification. Once changed, the nonconforming use may not revert back to the original use. For purposes of this section, less OBJECTIONABLE USES will primarily refer to uses that result in a less dense concentration of persons.

(Prior Code, § 11-10D-12) (Ord. 2008-17, passed 8-19-2008)

   Table 1 of this section specifies those land uses which are not permitted within the airfield environs overlay district, as well as those uses which may be permitted if certain conditions are met such as low density or noise attenuation as long as the uses are permitted in the underlying zoning district. Table 2 of this section provides an alternative method of determining the compatibility of land uses, but does not address noise attenuation. On density issues, either chart can be used to determine whether the use is allowed. If either one of the charts would permit the use, the use is allowed. On noise attenuation issues, table 1 of this section must be used. These tables must be used in conjunction with the underlying zoning to ensure a use is permitted.