The purposes of the Central Business District are as follows:

1. To implement the policies of the core area plan;
2. To preserve the older architectural styles, and to encourage a harmonious intermingling of other structures;
3. To provide for an increased variety and intermixture of residential and commercial activities; and
4. To enhance the tree shaded ambience, the pedestrian usage, and the character of the District.

(Prior Code, § 12-8-1) (Ord. 1997-3-1, passed 3-10-1997)

Property in the Central Business District shall be used for the following purposes:

1. Bakeries, where the products are sold exclusively at retail on the premises and/or where operated incidental to a restaurant or other eating establishment;
2. Banks, brokerage firms, and financial institutions;
3. Business and professional offices including medical, dental, legal, financial, architectural, engineering, real estate, insurance, governmental, and manufacturers' representatives;
4. Business service establishments, such as blueprinting, duplicating, and accounting;
5. Colleges, barber and beauty colleges, art schools, and music and dance studios; provided, that all activities shall be enclosed;
6. Florist shops;
7. Making of products sold at retail on premises:
   1. Provided, that:
      1. Such manufacturing is incidental to the retail business or service;
      2. All goods so manufactured are sold on the premises;
      3. The area for such manufacturing occupies less than 30% of the total floor area;
      4. Such manufacturing involves not more than three operators; and
      5. The character of such manufacturing does not create any adverse effects beyond the area occupied for such use.
   2. Specifically excluded are automobile, boat, and farm implement sales and food stores involving the dressing or killing of animals or fowl (refer to standard industrial classification).
8. Newspaper offices or printing establishments;
9. Off-street automobile parking lots and parking garages;
10. Permanently affixed professional or business signs which meet the requirements of § 157.119 of this chapter;
11. Personal service establishments, such as barbershops and beauty shops and shoe repair shops;
12. Pharmacies;
13. Pick up stations for dry cleaning and laundry;
14. Radio and television stations, studios and offices, and wireless transmitting and receiving structures, excluding transmission towers;
15. Restaurants, grills, delicatessens, and similar eating establishments;
16. Snack or sandwich bars;
17. Tailor, dressmaking, and millinery shops;
18. Telephone and telegraph offices, excluding assembly operations or switching stations;
19. Theaters, museums, or cultural facilities; and
20. Travel agencies.

(Prior Code, § 12-8-2) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

The following uses must be reviewed by the Planning Commission for permissive use:

1. Automotive service station;
2. Bus terminal;
3. Drive-ins; and
4. Retail store or service establishment not specifically permitted herein, but which does not adversely affect established uses on adjoining premises.

(Prior Code, § 12-8-3) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

1. Minimum lot size. The minimum lot sizes for the Central Business District are as follows:
   1. Front yard, exterior side yard, or interior side yard. None;
   2. Rear yard. There shall be a rear yard for main buildings of not less than 20 feet, which can include alley or easements. At all times reasonable accessibility, as determined by the Fire Chief or his or her designated representative, shall be provided to all buildings and around all buildings for firefighting and rescue equipment.
2. Setbacks for commercial and mixed uses. No commercial or mixed use shall set back less than 25 feet from single-family detached housing lot lines.
3. Maximum lot coverage. The maximum coverage of any lot in the Central Business District shall not exceed 70% of the net lot area for interior lots or 80% of the net lot area for corner lots.
4. Building height. The height limit of structures in the Central Business District is governed by the floor area ratio as provided in division (E) below. No building or structure shall hereafter be erected or altered in the Central Business District which will exceed two stories or 35 feet in vertical height above the mean lot elevation without the installation of an approved fire protection and suppression system as established in the building code of the town. (Also refer to International Building Code standards.)
5. Floor area ratio. The floor area ratio of any principal structure or its accessory structures in the Central Business District is not to exceed five times that of the net lot area for buildings of more than one story in height.
6. Planning Commission Review. The erection, moving, demolition, reconstruction, restoration, or alteration of any structure within the Central Business District must be reviewed and approved by the Fort Gibson Planning Commission prior to the issuance of a building permit or the commencement of such work; provided, however, work related to the following shall not require Planning Commission approval:
   1. Ordinary maintenance and repair which shall include the removal, installation, or replacement of guttering; the removal or replacement of roof covering with like material.
   2. Interior of buildings or structures.
   3. Portions or parts of buildings or structures, or site not visible from adjoining streets.
   4. Accessory structures or buildings, such as storage sheds, garages, decks, patios, fencing, swimming pools and pool houses which are not part of the primary structure; provided, however, such structures and buildings are not located in front yards.
   5. General landscape maintenance and planting of new organic materials.
   6. Stabilization of a building structure due to damage.
   7. Outside storage of materials or supplies on a permanent basis is prohibited.
7. Maintenance Requirements in Central Business District.
   1. All structures and grounds shall be maintained in good condition in keeping with the historic nature of the site designated.
   2. All interior portions of structures shall be kept in such good repair to the extent necessary to prevent structural deterioration.
8. Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure except exterior change.

Penalties

Any person who violates any provision of this ordinance, upon conviction, shall be subject to a fine not exceeding Two Hundred Dollars 9$200.00) plus assessment and administrative costs, up to thiry (30) days imprisonment in the Muskogee County Jail or both fine and imprisonment.

(Prior Code, § 12-8-4) (Ord. 1997-3-1, passed 3-10-1997)

1. All signs in the Central Business District shall be erected upon private property and shall not encroach upon any public street or walk, and then they must overhang at a height of not less than nine feet and shall have a maximum projection of 72 inches.
2. Any projection sign shall not exceed 50 square feet in size, nor will it exceed the height of the building if the building exceeds 300 square feet in size.
3. The use of red, green, or amber illumination in connection with any sign shall not be permitted within 100 feet of an intersection. Any use of red, green, or amber illumination in connection with any sign must be so located that it in no way creates a confusion with any traffic signal or may be interpreted by any motorist as a signaling device.

(Prior Code, § 12-8-5) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

1. Height above walkways; distance from curb. Canopies and awnings may project into the walkway area, provided they are a minimum of eight feet above the walking elevation and are a minimum of two feet from the curb or edge of the normally traveled way or curb parking area.
2. Construction materials. Material for canopies and awnings shall consist of fabric or wood materials that meet existing codes.

(Prior Code, § 12-8-6) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999

The following limitations shall apply within this zoning district.

1. All business and service activities shall be confined, contained, and conducted wholly within completely enclosed buildings.
2. Incidental activities related to permitted uses such as outdoor sale of plants, outdoor eating areas, and similar outdoor activities may be unenclosed subject to approval upon review.
3. A majority of all goods produced or processed on the premises shall be sold at retail on the premises.
4. Any uses and operations which may be objectionable due to unsightliness, odor, dust, smoke, noise, glare, heat, vibration, and other similar causes shall be prohibited.
5. If replacement of the storefront is a part of the project, buildings undergoing renovation in the Central Business District must complete installation within 90 days from the date existing storefront is removed. Temporary construction barriers installed in front of building may not extend more than two feet and may not remain for more than 90 days.
6. Buildings renovated within the Central Business District are required to install storefront lighting controlled by a timer to remain on from dusk to 12:00 midnight.
7. It is unlawful to alter, demolish, remove, or cover any portion of the sidewalks in the Central Business District as a part of a building renovation.

(Prior Code,§ 12-8-7) (Ord. 1997-3-1, passed 3-10-1997; Ord. 2011-010, passed 11-14-2011) Penalty, see § 157.999

All structures hereinafter erected in the Central Business District shall be made of brick and consistent with surrounding architecture of existing historic buildings. Buildings that are only interior buildings must have brick facades where noticeable from the street (this means metal construction is appropriate for the building if the facade matches the existing historic structures).

(Prior Code, § 12-8-8) (Ord. 1997-3-1, passed 3-10-1997) Penalty, see § 157.999