This chapter shall be known as the zoning ordinance or zoning regulations of the city and may be cited as such.

State Law reference— Zoning powers and duties, 11 O.S. Secs. 43-101 to 43-109; 45-101 to 45-105.

A.

The regulations contained herein are necessary to:

1.

Encourage the most appropriate uses of land;

2.

Maintain and stabilize the value of property;

3.

Reduce fire hazards and improve public safety and safeguard the public health;

4.

Decrease traffic congestion and its accompanying hazards;

5.

Prevent undue concentration of population; and

6.

Create a comprehensive and stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities and other facilities.

B.

In interpreting and applying the provisions of this chapter, the provisions shall be held to be necessary for the promotion of the public health, safety, comfort, convenience and general welfare.

A.

This chapter classifies and regulates the use of land, buildings and structures within the city limits. The regulations contained herein shall apply to all the area within the city limits as indicated by the zoning map or maps.

B.

The regulations contained herein are necessary to promote the health, safety, convenience and general welfare of the inhabitants by dividing the city into districts and regulating therein the use of the land and the use and size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, density of population and location of buildings.

C.

Except as otherwise provided, no land shall be used and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in conformity with this chapter.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. There may be other requirements, regulations, ordinances, deed restrictions, or covenants that may apply.

(2000-30, Amended, 09/12/2000)

Whenever the specific district regulations pertaining to one district permit the uses of a more restricted district, such uses shall be subject to the conditions as set forth in the regulations of the more restricted district, unless otherwise specified.

A.

As used in this chapter, unless otherwise specified, the following terms shall have the meanings respectively ascribed to them in this section:

1.

"Accessory building" means a subordinate building, or a portion of the main building located on the same lot as the main building, the use of which is incidental to that of the dominant use of the building or premises;

2.

"Accessory use" means a use customarily incidental, appropriate, and subordinate to the principal use of land or buildings and located upon the same lot therewith;

3.

"Adult entertainment" as defined in Chapter 7 of this Code;

4.

"Alley" means a minor right-of-way dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes;

5.

"Amusement center/arcade" means an indoor establishment or facility primarily for games and coin-operated devices or machines oriented toward persons under the age of twenty-one (21) and family patronage, not to include the sale of alcoholic beverages.

6.

"Automobile" means a self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including but not limited to the following: Passenger cars, trucks, buses, motor scooters and motorcycles;

7.

"Automotive wrecking yard" means the use of any building, lot, portion of lot or tract of land for the storage, keeping, salvaging, or dismantling of automobiles or related automotive vehicles and parts of equipment for the primary purpose of salvaging any part or parts or components thereof, including the processing of such salvaged or salvageable parts or components incidental to such use, and the processing of resultant scrap materials accessory to the above;

8.

"Basement" means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half (½) of its height is above the average level of the adjoining ground; or

9.

"Bed and breakfast establishment" or "short-term rental" means a commercial establishment situated in a residentially designed building which is occupied by the owner and provides overnight lodging, off-street parking, and breakfast for compensation, with a maximum of four (4) guest rooms, with individual or shared bath facilities.

10.

"Blockchain" means data that is shared across a network to create a ledger of verified transactions or information among network participants linked using cryptography to maintain the integrity of the ledger and to execute other functions and distributed among network participants in an automated fashion to concurrently update network participants on the state of the ledger and any other functions;

11.

"Boardinghouse" means a dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three (3) or more, but not exceeding twenty (20) persons on a weekly or monthly basis;

12.

"Building" means any structure intended for shelter, housing or enclosure for persons, animals, or personal property. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building;

13.

"Building height" means the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof;

14.

"Child-care facility" means any public or private residential facility, child placing agency, foster family home, group home, day care center, part day childcare program, or family day care home, providing either full-time or part-time care for children away from their own homes, and which is owned and controlled by a political subdivision, a corporation, an unincorporated organization or association, or individual;

15.

"Convalescent or nursing home" means a health facility where persons are housed and furnished with meals and continuing nursing care for compensation;

16.

"Corner lot" means a lot which has at least two (2) adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of the two (2) sides is less than one hundred thirty-five (135) degrees;

17.

"Coverage" is the total ground area covered by an enclosed building plus the total area of all covered open space at ground level measured from the face of the exterior wall to the main grade level of each building. However, open covered porches, carports and patios shall be included in the coverage;

18.

"Crematorium" is a facility for the cremation of corpses, human or animal, to ashes. Cremation includes resomation, aqua cremation and bio cremation. The term "crematorium" does not include any establishment where incinerators are used to dispose of toxic, hazardous, infectious, or narcotic materials.

19.

"Day-care" means the provision of care and supervision of a child who resides in its own home or with relatives but is in the care of another person for part of the day who is conducting a family day-care home or person conducting a day care center;

20.

"Day-care center" means a city and state licensed or approved facility which provides care and supervision for eight (8) or more children, and which operates for more than thirty (30) hours per week.

21.

"Dental clinic" or "medical clinic" means a facility for the examination and treatment of ill and afflicted human out-patients, provided that patients are not kept overnight except under emergency conditions. Dental clinic or medical clinic means and includes a dental office or doctor's office;

22.

"Digital asset" means virtual currency, cryptocurrencies, natively electronic assets, including stablecoins and non-fungible tokens, and other digital-only assets that confer economic, proprietary, or access rights or powers;

23.

"Digital asset mining" means using electricity to power a computer or node for the purpose of securing a blockchain network;

24.

"Digital asset mining business" means a group of computers working that consume more than one (1) megawatt of energy for the purpose of securing a blockchain protocol;

25.

"District" means any section of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class of building therein;

26.

"Double frontage lot" means a lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot;

27.

"Downtown area" means a defined area bounded by the centerline of West Gore Boulevard on the north, twenty-five (25) feet north of the center line of the main line of the Burlington Northern Railroad on the south, twenty-five (25) feet west of the main line of the Burlington Northern Railroad on the east, and the east right-of-way line of Southwest 11th Street on the west.

28.

"Dwelling" means any building or portion thereof which is designed or used as living quarters for one (1) or more families;

29.

"Encroachment" means any obstruction or unauthorized intrusion into a defined yard space, right-of-way, designated floodway area or adjacent land. Encroachments may consist of, but are not limited to, structures, walls, and fences.

30.

"Fairmont area" means a defined area bounded by the centerline of East Gore Boulevard on the north, the centerline of Southeast F Avenue on the south, the centerline of Southeast Larrance Street on the east, and the centerline of South Railroad Street on the west.

31.

"Family" means one (1) or more persons related by blood, marriage or adoption, or a group of not to exceed five (5) persons not all related by blood or marriage, occupying a boarding house, hotel, short-term rental, club or similar dwelling for group use;

32.

"Family day care home" means a licensed or approved family home, which is operated by no more than one (1) wholly self-employed person residing at and inhabiting the dwelling, and which provides care and protection for seven (7) or fewer children for part of the twenty-four-hour day. The term day care home shall not include informal arrangements which parents make independently with neighbors, friends, and others, or caretakers in the child's own home.

33.

"Front yard" means a yard adjacent to the front elevation of the main building and extending across a lot between the side lot lines and being the horizontal distance between the front property line and the outside wall of the front of the main building;

34.

"Full-time care" means continuous care given to a child beyond a minimum period of twenty-four (24) hours;

35.

"Garage" means:

a.

Private: An accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests of the building to which it is accessory; and

b.

Repair: A building in which are provided facilities for the care, servicing, repair or equipping of automobiles;

36.

"Garage apartment" means a dwelling unit for one (1) family erected above a private garage;

37.

"Garage parking" means any building or portion thereof used for the storage of four (4) or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes and where repair facilities are not provided;

38.

"Gasoline service" or "filling station" means an establishment or place of business primarily engaged in the on-site retail sale of petroleum products with incidental retailing of convenience goods, not limited to pre-packaged food items, tobacco, over-the-counter drugs, periodicals, and other household goods. Other incidental uses may include the sale of prepared foods and beverages for on-or-off premises consumption. May include an automatic carwash if approved through the uses permitted on review (UPOR) process.

39.

"Gross floor area" includes the sum total of all the floor areas of all structures on a lot, less any floor area devoted to mechanical equipment supporting the building, less parking space included within the structure, less the floor area whose respective ceiling is less than four (4) feet in height;

40.

"Half story" means a space under a sloping roof which has the line of intersection of room decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (⅔) of the floor area is finished off for use. A half story containing an independent apartment or living quarters shall be counted as a full story;

41.

"Helistop" means any landing area used for the landing and taking off of private helicopters for the purpose of picking up and discharging of passengers or cargo but not including operations facilities such as maintenance, storage, fueling, or terminal facilities. See Section 18-4-1-412 for regulations.

42.

"Home digital asset mining" means using digital asset mining in an area zoned for residential use;

43.

"Home nursing management facility" means a single-family dwelling used by a nonprofit public organization for the specific purpose of providing off-premises in-home health care which may include the dispatch of home health care volunteers, nurses, and counselors; providing referral services; conducting limited volunteer training; and maintaining records. Specifically excluded from this definition are on-site patient care or treatment, storage of sickroom equipment other than medicines used by home nursing staff, and regularly scheduled support group meetings or other group counseling activities. Additionally, no fund-raising activities such as garage or rummage sales, car washes, or haunted houses may be conducted on the premises.

44.

"Home occupation" means any occupation or activity carried on by the inhabitant of the dwelling, which is clearly secondary to the use of the dwelling for dwelling purposes, which does not change the residential character of the dwelling or neighborhood.

45.

"Hospital" means an institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities and staff offices which are an integral part of the facilities.

46.

"Hotel" means a building or group of buildings under one ownership containing six (6) or more sleeping rooms occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including any trailer court or camp, hospital, asylum, orphanage or building where persons are housed under restraint.

47.

"Institutional use" means a use pertaining to or characteristic of an institution, which is by actual use and function predominantly public in character;

48.

"Interior lot" means a lot other than a corner lot.

49.

"Intersecting street" means any street which joins another at an angle, whether or not it crosses the other street.

50.

"Kennel" means any lot or premises where any combination of eight (8) or more dogs or cats more than six (6) months of age are sheltered, fed or watered and shall be licensed as required in Article 5-4 of this Code.

51.

"Lot" means a parcel or plot of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and yards and other open spaces. Such lot shall have frontage on a public street, and may consist of a:

a.

Single lot of record.

b.

Portion of a lot of record.

c.

Combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; or,

d.

Parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter;

52.

"Lot area" means the total area measured on a horizontal plane, included within lot lines;

53.

"Lot depth" means the mean horizontal distance between the front and rear lot lines;

54.

"Lot frontage" means that dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot;

55.

"Lot lines" mean the lines bounding a lot;

56.

"Lot of record" means a lot which is part of a subdivision recorded in the office of the county clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded;

57.

"Macrobrewery" means an establishment where beer or malt beverages are made on the premises at an annual production rate of over fifteen thousand (15,000) barrels (four hundred sixty-five thousand (465,000) gallons). A macrobrewery may include tasting rooms.

58.

"Main building" means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which it is situated;

59.

"Medical marijuana" means marijuana that is grown, processed, dispensed, tested, possessed, or used for a medical purpose.

60.

"Medical marijuana commercial grower" means a business licensed by the State of Oklahoma to grow, harvest, and package medical marijuana for the purpose of selling medical marijuana to a dispensary, processor, or researcher;

61.

"Medical marijuana dispensary" means a dispensary licensed by the State of Oklahoma to purchase medical marijuana from a licensed processor or licensed grower and sell medical marijuana only to qualified patients and caregivers;

62.

"Medical marijuana processor" means a business licensed by the State of Oklahoma to purchase marijuana from a licensed commercial grower to subsequently prepare, manufacture, package, sell and deliver medical marijuana products to a licensed dispensary or other licensed processor; and who may also process marijuana received from a qualified patient into a medical marijuana concentrate, for a fee; nothing in this code alters state license category requirements for medical marijuana establishments. Applicants may be required to seek multiple state licenses in order to comply with state law.

a.

"Tier I processor" means a facility defined and regulated by Oklahoma state law as a medical marijuana processor, and which engages in only the following activity(ies): the preparation (from medical marijuana grown in compliance with state law) by mechanical means of "prerolled" marijuana cigarettes, "joints" or "blunts" and the use of medical marijuana concentrate(s) (produced off-site in compliance with state law) or medical marijuana plant pieces (produced in compliance with state law) as an additive to products by means that do not include cooking and/or baking. Tier I medical marijuana processor does not include extraction processes of any kind.

b.

"Tier II processor" means a facility defined and regulated by Oklahoma state law as a medical marijuana processor, and which includes processing activities described in Tier I medical marijuana processor and/or: the use of medical marijuana concentrate(s) (created off-site in compliance with state law), as an additive to product by means of cooking and/or baking. Tier II medical marijuana processor does not include extraction processes of any kind.

c.

"Tier III processor" means a facility defined and regulated by Oklahoma state law as a medical marijuana processor, and which includes processing activities described in Tier II and Tier I medical marijuana processor and/or: medical marijuana concentrate extraction processes that use only non-flammable substances.

d.

"Tier IV processor" means a facility defined and regulated by Oklahoma state law as a medical marijuana processor, and which engages in the following activities: any type(s) of medical marijuana processing, consisting of all extraction processes including flammable chemicals such as butane, alcohol, propane, and ethanol.

63.

"Microbrewery" means an establishment in which beer or malt beverages are made on the premises and then sold or distributed, and which produces less than fifteen thousand (15,000) barrels (four hundred sixty-five thousand (465,000) gallons) of beer and malt beverages per calendar year. Where allowed by law, microbreweries may include tasting rooms and direct sales to consumers in addition to other methods of distribution.

64.

"Microdistillery" means a distillery producing distilled spirits in total quantity of no more than forty thousand (40,000) proof gallons per calendar year. Where allowed by law, micro distilleries may include tasting rooms and direct sales to consumers in addition to other methods of distribution.

65.

"Mobile home" is as defined in Section 14-104 of this Code on mobile homes;

66.

"Multiple dwelling" means a detached dwelling designed to be occupied by three (3) or more families living independently of each other;

67.

"Net floor area" means the gross floor area within a building devoted or intended to be devoted to a particular use, with ceiling height of seven (7) feet or more, whether above or below finished grade, excluding:

a.

Elevators, stairways, hallways, walls, and partitions.

b.

Floor space permanently devoted to mechanical equipment, closets, or other items permanently preventing the floor space from being occupied by persons while engaged in use of the building.

68.

"Node" means a computational device which contains and updates a copy of a blockchain;

69.

"Nonconforming uses" means a structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated;

70.

"Official zoning map" means the maps in atlas form dividing the city into zones or districts, as prescribed and set forth in Section 18-108 of this Code. Each separate sheet shall be properly authenticated in the manner prescribed in Section 18-108 of this Code;

71.

"Off-street" means off the right-of-way of a public street or place;

72.

"Package store" or "retail spirits" or "liquor store" means any storefront licensed by the State of Oklahoma to sell wine, beer, and/or spirits for off-premises consumption and that is not a grocery store, convenience store, or drug store, or other retail outlet that is not permitted to sell wine or beer for off-premises consumption by state law;

73.

"Parking space" means an area, enclosed or un-enclosed, sufficient in size to store one (1) automobile together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile;

74.

"Pet day-care center" means an indoor facility that regularly provides care for animals, which may include limited boarding and an outdoor relief area. The outdoor area shall be fully screened, and animals shall not be left unattended;

75.

"Planning commission" means the City of Lawton Municipal Planning Commission (city planning commission);

76.

"Public health center" means a facility primarily utilized by a health unit for providing public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection therewith;

77.

"Public recreation" means and includes such recreation facilities as parks, playgrounds, open space picnic areas, greenbelts, nature trails, boating, fishing and swimming facilities, golf courses and such other recreational activities which are functionally compatible with the character of the district. Private recreation areas for general public use and for which fees are collected shall be included in this definition;

78.

"Rear yard" means a yard extending across the rear of a lot measured between the side lot lines and being the horizontal distance between the rear lot line and the outside wall of the rear of the main building. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard;

79.

"Recreation center" means an indoor establishment which is predominantly in business for the entertainment of its patrons by a combination of the following activities:

a.

The placement of coin-operated amusement devices or machines as defined by this Code;

b.

Dancing activities;

c.

The preparation and serving of food and refreshments; and/or

d.

Live or mechanically reproduced entertainment;

Provided this definition does exclude the above listed activities when a secondary or accessory use to another permitted use. This definition shall not include other permitted uses specifically listed in this chapter.

80.

"Rest home" or "home for the aged" means any home, establishment or institution offering or providing planned continuing care for one (1) or more aged persons not related to the operator, who by reason of advancing age or physical infirmity are partially unable to care for themselves or who occasionally require care incident to old age. The furnishing of board, room and laundry, separately or combined, to any person, regardless of age, shall not in itself be deemed care incident to old age;

81.

"Self-service laundry" or "dry cleaning establishment" means any attended or unattended place, building or portion thereof available to the general public for the purpose of washing, drying, extracting moisture from or dry-cleaning wearing apparel, cloth, fabrics and textiles of any kind by means of mechanical appliance which is operated primarily by the customer;

82.

"Setback" means the minimum allowable horizontal distance from a given point or line of reference, such as a street right-of-way, to the nearest vertical wall or other element of a building or structure;

83.

"Side yard" means a yard between the building and the side line of the lot and extending from the front yard to the rear yard and being the horizontal distance between a side lot line and the outside wall of the side of the main building;

84.

"Single-family dwelling" means a detached dwelling erected and secured on a permanent foundation designed to be occupied by one (1) family;

85.

"Special exception" means a use that would not be appropriate generally or without restriction through the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare.

86.

"Story" means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it;

87.

"Street" means any public or private thoroughfare which affords the principal means of access to abutting property;

88.

"Street categories" means and includes the following:

a.

"Expressway:" This class of facilities is devoted entirely to the task of traffic movement and performs little or no land service function. Thus, it is characterized by at least some degree of access control. Except in rare instances, this classification should be reserved for multilane, divided roads with few, if any, intersections at grade. Expressways provide for large volumes of traffic at relatively high speed and are primarily intended to serve long trips;

b.

"Major arterial:" This class of streets brings traffic to and from the expressway and serves those major movements of traffic within or through the metropolitan area not served by expressways. Major arterials interconnect the principal traffic generators within the city and the important different areas of the city and should form a reasonably integrated system. The length of the typical trip on the system should exceed one (1) mile. Major arterials mainly serve to move traffic, but they normally also perform a secondary land service function. Thus, although abutting property will have free access, parking and loading may have been restricted or prohibited altogether to improve capacity;

c.

"Collector:" This class of streets serves the internal traffic movement within an area of the city such as a subdivision and connects this area with the major arterial system. They do not handle long, through trips and are not, of necessity, continuous for any great length. In gridiron patterns, however, a street of several miles in length may be serving as a collector rather than a major arterial if the predominant use is to reach the next junction with a major arterial and there turn off. The collector street is intended to supply abutting property with the same degree of land service as a local street while at the same time serving local traffic movement. This may necessitate a wide roadway-wider than that of many major arterials if the traffic volumes are high, as they would be in the vicinity of the Central Business District;

d.

"Local:" Local streets are those streets whose sole function is to provide access to immediately adjacent land. They make up a large percentage of the total street mileage of the city but carry a small proportion of the vehicle-miles of travel. In and around the Central Business District, local streets may carry traffic volumes measured in the thousands of vehicles; but this is an exception to the rule;

e.

"Major streets:" Expressways, principal and minor arterials, and collectors as shown on the Federal Highway Administration Functional Classification Map are referred to collectively as "major streets";

89.

"Street line" means the right-of-way line of a street;

90.

"Structural alterations" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or in the exterior walls;

91.

"Townhouse" means a building on its own separate lot containing one (1) single-family dwelling unit that occupies space from the ground to the roof and may be attached to no more than nine (9) other townhouse dwelling units with each unit having a front and rear entrance, a private outdoor area, and access to common open space;

92.

"Theater, indoor" means a building or part of a building devoted to showing motion pictures or for dramatic, dance, musical, or other live performances. This definition does not include an adult theater as defined and regulated by Article 7-13, Chapter 7, of this Code.

93.

"Theater, movie, drive-in" means an outdoor movie theater where patrons view movies on a screen from their vehicles and shall adhere to Division 16-4-2 of this Code. A drive-in movie theater as an accessory use to an indoor theater shall be allowed when permitted in Article 7-34, Chapter 7 of this Code. This definition does not allow the viewing of adult motion pictures as defined in Article 7-13, Chapter 7 of this Code.

94.

"Theater, outdoor" means an establishment for the performing live action arts with open-air seating for audiences.

95.

"Tourist court" means an area containing one (1) or more buildings designed or intended to be used as temporary sleeping facilities of one (1) or more transient families and intended primarily for automobile transients;

96.

"Townhouse" means a building on its own separate lot containing one (1) single-family dwelling unit that occupies space from the ground to the roof and is attached to at least one (1) but no more than nine (9) other townhouse dwelling units by at least one (1) common wall with each unit having a front and rear entrance, a private outdoor area, and access to common open space;

97.

Reserved.

98.

"Trailer space" or "mobile home space" means a plot of ground within a trailer court designed for the accommodation of one (1) mobile home;

99.

"Trailer court" or "mobile home park" means land or property utilized for or intended to be used or rented for occupancy by two (2) or more trailer houses or mobile homes;

100.

"Trailer, hauling" means a vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats;

101.

"Trailer home" or "mobile home" means a portable or mobile living unit used or designed for human occupancy on a permanent basis;

102.

"Travel trailer" or "camping trailer" means a portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants, and containing less than one hundred seventy-five (175) square feet of floor area;

103.

"Two-family dwelling" means a detached dwelling designed to be occupied by two (2) families living independently of each other;

104.

"Used" or "occupied" means and includes the words intended, designed or arranged to be used or occupied;

105.

"Variance" means a lessening of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.

106.

"Yard" means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter that any accessory building or structure may be located in a portion of the yard of a main building.

(Ord. 2003-03, Amended, 02/14/2003; 2000-30, Amended, 09/12/2000; 99-13, Amended, 02/09/1999; 96-14, Amended, 03/26/1996; 95-52, Amended, 10/24/1995; Ord. 2008-43, Amended, 07/24/2008; Ord. 2008-02, Amended, 02/08/2008; Ord. 2006-64, Renamed, 10/12/2006)

(Ord. No. 10-19, § 1, 5-25-2010; Ord. No. 14-35, §§ 1, 3, 11-11-2014; Ord. No. 15-24, § 1, 9-8-2015; Ord. No. 16-30, §§ 1, 3, 11-22-2016; Ord. No. 18-29, § 1, 9-25-2018; Ord. No. 18-30, §§ 1, 14, 10-9-2018; Ord. No. 21-08 § 1, 3-23-2021; Ord. No. 21-15, § 1, 7-13-2021; Ord. No. 21-23, § 1, 9-28-2021; Ord. No. 22-22, § 1, 8-23-2022; Ord. No. 24-037, § 1, 5-28-2024; Ord. No. 24-058, § 1, 9-10-2024)

A.

The following districts are established for the city:

(Ord. No. 11-59, § 1, 12-13-2011)

A.

The city is divided into zones or districts, as shown on the official zoning map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter with the same force and effect as if set out in full herein.

B.

The official zoning map shall be identified by the signature of the mayor, attested to by the clerk, and bear the seal of the city under the following words: "This is to certify that this is the Official Zoning Map and/or Sheet No. ___ of the Official Zoning Map referred to in Section 18-108 and Section 18-109 of the Code of the City of Lawton," together with the date of the adoption of this chapter.

C.

If changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the council, together with an entry on the official zoning map as follows: "On (date), by official action of the city council, the following (change) changes were made in the Official Zoning Map: (brief description of nature of change)." Such entry shall be signed by the mayor and attested by the clerk.

D.

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this chapter and punishable as provided under Section 1-119 of this code.

E.

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the planning department shall be the final authority as the current zoning status of land and water areas, buildings and other structures in the city.

In the event the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions, the council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor and attested to by the clerk and bear the seal of the city under the following words:

"This is to certify that this Official Zoning Map supersedes and replaces The Official Zoning Map adopted (date of adoption of map being replaced) as part of Chapter 18 of the Code of the City of Lawton, Oklahoma."

A.

As of December 1, 2024, all land annexed into the city prior to January 1, 2007, with a temporary zoning district classification shall be grandfathered as permanent with the same zoning district classification as the underlying zoning district designated at the time of annexation.

B.

All new additions and annexations of land to the city shall be in a zoning district that is recommended by the planning commission upon the holding of a public hearing to promote the general welfare of the area and in accordance with adjacent land uses. Proper notice of the zoning shall be given in accordance with Lawton City Code Section 18-1-1-114.

(Ord. No. 24-070, § 1, 10-22-2024)

A.

The mayor and council shall by resolution establish a schedule of fees, charges and expenses for building permits, certificates of zoning compliance and other matters pertaining to this chapter not specifically covered elsewhere in this chapter.

B.

No permit, certificate, special exception or variance shall be issued unless or until such costs, charges, fees or expenses as set forth above have been paid in full.

A.

Upon submission of an application for a planned unit development (PUD) there shall be paid to the city a filing fee as provided in the fee schedule.

B.

Upon submission of an application for a special subdivision certificate there shall be paid to the city a filing fee as provided in the fee schedule.

A.

For the purposes of interpreting the city's zoning code and development regulations, the term "Use Permitted on Review" shall have the same meaning as the term "specific use permit" as cited in 11 O.S. § 43-113. The uses listed under the various districts herein as "Uses Permitted on Review" are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district. The nature of such uses may make it desirable that they be permitted to locate therein. The following procedure is established to integrate properly the uses permitted on review with the other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedures:

1.

Application. An application shall be filed with the secretary of the planning commission not less than twenty-five (25) days prior to the planning commission meeting at which the initial public hearing will be held. Applications shall include the application form provided by the planning department, proof of ownership of the land included in the application or power of attorney to make application on behalf of the property owner, fee, ownership list, and site plan.

a.

Application Form. The application form and a brochure explaining the use permitted on review procedure are available in the planning department and on the city's website.

b.

Fee. Upon submission of an application for a use permitted on review by others than the city council or city planning staff, there shall be paid to the city a filing fee as set forth in the fee schedule. When a request for a use permitted on review is submitted at the same time and in conjunction with an application for rezoning, there shall be no fee charged for the use permitted on review request; however, the applicable fee for the rezoning shall apply.

c.

Ownership List. Each application for use permitted on review shall include a list of names and addresses of all property owners of record within a three-hundred-foot-radius of the exterior boundary of the requested property. The ownership list shall have been prepared no more than sixty (60) days prior to submission and certified by a registered professional engineer, a registered land surveyor, an attorney, a bonded abstractor, or the county assessor. A map delineating the notice area will be furnished to the applicant by the planning department.

d.

Site Plan. The application shall be accompanied by a site plan, drawn to scale with labels and dimensions shown, which meets the requirements of this code and reflects the following:

(1)

The legal description of the property;

(2)

The exterior property lines of the property included in the application;

(3)

The location, gross floor area, height and use of all existing and/or proposed structures and any outside display area;

(4)

The location of all easements, rights-of-way, and setbacks;

(5)

The location of existing and/or proposed parking spaces and drive openings;

(6)

The location of existing and/or proposed screening fences and signage;

(7)

The location of existing and/or proposed landscaping; and

(8)

The floodplain as shown on the Flood Insurance Rate Map if any portion of the property is within the floodplain;

(9)

All existing and/or proposed sidewalks; and

(10)

Location, size and screening of all garbage dumpsters.

However, if an application for a use permitted on review is submitted in conjunction with an application for rezoning requiring a detailed site plan, no additional site plan is required for the use permitted on review.

2.

Review and Evaluation Criteria. The planning commission shall review and evaluate applications using the following criteria:

a.

Conformance with applicable zoning regulations;

b.

Compatibility with existing or permitted uses on abutting property;

c.

Potentially unfavorable effects or impacts on other existing or permitted uses on abutting property to the extent such impacts exceed those which reasonably may result from use of the land by a permitted use;

d.

Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses authorized and anticipated in the area, considering existing zoning and land uses in the area;

e.

Modifications to the site plan which would result in increased compatibility or would mitigate potentially unfavorable impacts or would be necessary to conform to applicable regulations and to protect the public health, safety, morals, and general welfare; and

f.

Any conditions applicable to the approval are considered to be the minimum necessary to minimize potentially unfavorable impacts on nearby uses and to ensure compatibility of the proposed use with existing or permitted uses in the surrounding area.

3.

Public Hearings. Each application for a use permitted on review requires a public hearing by the planning commission and a public hearing by the city council.

a.

For the planning commission public hearing, notice shall be given by the secretary of the planning commission by mailing written notice not less than twenty (20) days prior to the public hearing to all property owners included in the ownership list and by publication in a newspaper of general circulation not less than fifteen (15) days prior to the public hearing. The notice shall contain a map of the area to be affected which indicates street names, legal description of the property, the street address or approximate location in the city, the present zoning, the proposed use, and the date, time, and place of the public hearing. The written notice to property owners shall also include a copy of the proposed site plan.

b.

For the city council hearing, notice shall be given by the city clerk by mailing written notices not less than twenty (20) days prior to public hearing to all property owners included in the ownership list and by publication in a newspaper of general circulation not less than fifteen (15) days prior to the public hearing. The notice shall contain a map of the area to be affected which indicates street names, legal description of the property, the street address or approximate location in the city, present zoning, the proposed use, and the date, time and place of the public hearing. The written notice to property owners shall also include a copy of the proposed site plan.

4.

Planning Commission Action. The secretary of the planning commission shall place on the planning commission agenda the use permitted on review request. The planning commission shall hold a public hearing and review the proposed use and the site plan and make a recommendation to the city council. The planning commission may recommend additional conditions which in the opinion of the planning commission are necessary to protect health, safety or public welfare.

5.

City Council Action. After the planning commission has held its public hearing and made a recommendation to the council, the secretary of the planning commission shall schedule a public hearing before the council. After holding a public hearing, the council may approve the request, approve with conditions, or deny the request. Should the city council approve the request, the proposed site plan, as amended by the city council and any additional conditions required by the city council, shall become a permanent part of the application and record; and building or other permits shall not be issued except in complete conformity therewith.

6.

Expiration for Non-Use. The authority to issue a building permit or other permit pursuant to the approval of a use permitted on review shall expire five (5) years after the council approval of the use permitted on review, unless a different time limit is included in the approval. The time period to initially establish a use permitted on review may be extended for a maximum of an additional two (2) years by the city council upon receipt of a request from the owner of the property prior to expiration of the use permitted on review approval when the city council determines that conditions have not substantially changed since the time of original approval. In any case where the use permitted on review is not activated within the specified time limit or where the use permitted on review has been discontinued for one year, then authority for such use permitted on review ceases to exist, and the owner must reapply in order to establish or re-establish said use permitted on review.

B.

Certificate of Occupancy. Prior to occupancy of any building or land for the permissive use granted, the applicant shall apply to the code official for a certificate of occupancy. Such certificate of occupancy shall not be granted unless the applicant has completely complied with the site plan and any additional conditions.

(2002-08, Amended, 02/26/2002)

(Ord. No. 19-06, § 1, 3-26-2019)

A.

The zoning regulations, restrictions and district boundaries included in this chapter and the official zoning maps and the land use plan may from time to time be amended, supplemented, changed, modified or repealed by the council in the manner provided herein.

1.

Applications. Petitions to amend the zoning code, applications for amendment to the land use plan, or applications for rezoning shall be submitted to the secretary of the planning commission not less than twenty-five (25) days prior to the planning commission meeting at which the public hearing will be held. Applications shall include the application form, a copy of the deed(s) for the subject property and if the applicant is not the owner of record, the applicant shall submit power of attorney to make application on behalf of the property owner, application fee, ownership list, and any required site plan.

a.

Application Form. The application forms and brochure explaining the amendment procedure are available in the planning department;

b.

Fee. For each petition for amendment to the zoning code, application for amendment to the land use plan, or application for rezoning submitted by applicants other than the city council or the city planning staff, a fee shall be paid as provided in the fee schedule. However, when an application for an amendment to the land use plan is submitted at the same time and in conjunction with an application for rezoning, there shall be no fee charged for the amendment to the land use plan request; however, the applicable fee for rezoning shall apply;

c.

Ownership List. Each application for rezoning shall include a list of names and addresses of all property owners of record within a three hundred foot (300′) radius of the exterior boundary of the requested property. Each application for rezoning involving the use of treatment facilities, multiple family facilities, transitional living facilities, halfway house and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to Section 3-403 of Title 43A of the Oklahoma Statues, shall include a list of names and addresses of all property owners of record within an one-quarter (¼) of a mile radius of the exterior boundary of the requested property. The ownership list shall have been prepared no more than sixty (60) days prior to submission and certified by a registered professional engineer, a registered land surveyor, an attorney, a bonded abstractor, or the county assessor. A map delineating the notice area will be furnished to the applicant by the planning department.

d.

No application for rezoning will be accepted which includes a request to rezone or leaves a tract of land or any portion thereof that does not meet the minimum area and/or lot requirements for the proposed zoning district.

e.

Site Plan. Each application for rezoning which includes a request to rezone any area to a district other than A-1 General Agricultural District, A-2 Suburban District, RE Residential Estate, and R-1 Single-Family Dwelling District shall include submission of a site plan as described in paragraph 2 below.

2.

Site Plan Requirements.

a.

Site plans shall be prepared to a scale of not less than one inch equals fifty feet (1″= 50′) for tracts of land twenty (20) acres or less in area, and not less than one inch equals one hundred feet (1″= 100′) for tracts of land greater than twenty (20) acres in area. The size of a plan sheet shall be eleven inches by seventeen inches (11″ × 17″) or twenty-four inches by thirty-six inches (24″ × 36″) as required to clearly delineate the proposed development.

b.

Site plans shall be submitted in three (3) clearly legible blue or black line copies and one (1) reduced copy to fit on an 8½″ × 11″ sheet.

c.

Basic Site Plans. Basic site plans shall include the following:

(1)

The name, address, and telephone number of the owner/developer, north arrow, date, scale of drawing.

(2)

The legal boundary of the property, including dimensions, existing easements, rights-of-way, and setbacks.

(3)

Any existing structures.

(4)

Location of the tract, with references to names of adjoining streets, railroads, subdivisions, or other landmarks sufficient to clearly identify the location of the property.

d.

Detailed Site Plans. In addition to those requirements enumerated above for basic site plans, detailed site plans submitted with applications for rezoning for tracts of land less than five (5) acres in total area included in the application for rezoning or adjacent to any existing RE or R-1 zoning district or any existing single-family residential use shall also include the following:

(1)

All existing and proposed streets and sidewalks.

(2)

Any flood hazard areas as identified on current Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps.

(3)

Location, type, and dimension of vehicular entrances to the site and all off-street parking and loading areas in accordance with off street parking requirements as specified in Article 18-8 of this chapter.

(4)

The approximate building footprint, number of stories, height and gross floor area for each building and any outside display areas.

(5)

The proposed use as listed for the requested zoning district.

(6)

Location, height, and type of fencing or screening.

(7)

Location and size of all garbage dumpster area and screening.

(8)

Location and height of all freestanding signs.

(9)

Identification of all landscaping areas.

e.

A detailed site plan shall not be required for any tract of land or portion thereof which has been requested for rezoning to the RE or R-1 zoning district or for tracts of land which are five (5) acres or more in total area included in the application for rezoning and meet at least one of the following requirements:

(1)

The tract of land to be rezoned is separated from all adjacent R-E or R-1 zoning districts or existing single-family residential uses by a railroad right-of-way, a drainage easement or right-of-way for a primary channel, or the right-of-way of an arterial street, section line road, federal, state or county highway, or expressway.

(2)

The rezoning application includes areas proposed for the RE or R-1 zoning district with a minimum width of one hundred feet (100′) and those areas constitute all that area which is adjacent to an existing RE or R-1 zoning district or existing single-family residential use.

f.

The detailed site plan submitted with an application for rezoning for tracts of land less than five (5) acres in total area included in the application for rezoning or adjacent to any existing RE or R-1 zoning district or any existing single-family residential use shall be made a part of the rezoning ordinance. Any changes to a detailed site plan which was included as an attachment to a rezoning ordinance shall follow the provisions of Section 18-1-1-114.1.

3.

Public Hearings. Each petition to amend the zoning regulations, application for amendment to the land use plan, and/or application for rezoning requires public hearings by the planning commission and the council. No change in regulations, land use designation, or district boundaries shall become effective until after public hearings have been held at which parties in interest and citizens shall have an opportunity to be heard. The parties in interest and citizens shall be notified of the public hearings in the following manner:

a.

Zoning regulations and restrictions:

(1)

For the planning commission hearing, notice shall be published by the secretary of the planning commission in a local newspaper of general circulation not less than fifteen (15) days prior to the hearing; and

(2)

For the city council hearing, notice shall be published by the city clerk in a newspaper of general circulation not less than fifteen (15) days prior to the public hearing;

b.

Amendments to the land use plan:

(1)

For the planning commission hearing, notice shall be published by the secretary of the planning commission in a newspaper of general circulation not less than fifteen (15) days prior to the hearing. The notice shall contain a map of the area to be affected which indicates street names, legal description of the property, the street address or approximate location in the city, present land use designation of the property, the land use designation sought by the applicant, and date, time, and place of the public hearing;

(2)

For the city council hearing, notice shall be published by the city clerk in a newspaper of general circulation not less than fifteen (15) days prior to the hearing. The notice shall contain a map of the area to be affected which indicates street names, legal description of the property, the street address or approximate location in the city, present land use designation of the property, the land use designation sought by the applicant, and date, time and place of the public hearing.

c.

Rezonings:

(1)

For the planning commission hearing, notice shall be given by the secretary of the planning commission by mailing written notices not less than twenty (20) days prior to public hearing to all property owners included in the ownership list and by publication in a newspaper of general circulation not less than fifteen (15) days prior to the public hearing. The notice shall contain a map of the area to be affected which indicates street names, legal description of the property, the street address or approximate location in the city, present zoning of the property, the zoning sought by the applicant, and date, time and place of the public hearing. The written notice to property owners shall also include a reduced copy of the detailed site plan, if required.

(2)

For the city council hearing, notice shall be given by the city clerk by mailing written notices not less than twenty (20) days prior to public hearing to all property owners included in the ownership list and by publication in a newspaper of general circulation not less than fifteen (15) days prior to the public hearing. The notice shall contain a map of the area to be affected which indicates street names, legal description of the property, the street address or approximate location in the city, present zoning of the property, the zoning sought by the applicant, and date, time and place of the public hearing. The written notice to property owners shall also include a reduced copy of the detailed site plan, if required.

(3)

For zoning change requests for the use of treatment facilities, multiple family facilities, transitional living facilities, halfway house and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to Section 3-403 of Title 43A of the Oklahoma Statues, notice shall be given by the city clerk by mailing written notices not less that thirty (30) days prior to the public hearing to all property owners included in the ownership list and by publication in a newspaper of general circulation not less than fifteen (15) days prior to the public hearing. The notice shall contain a map of the area to be affected which indicates street names, legal description of the property, the street address or approximate location in the city, present zoning of the property, the zoning sought by the applicant, and date, time and place of the public hearing. The written notice to property owners shall also include a reduced copy of the detailed site plan, if required.

4.

Planning Commission Action. The secretary of the planning commission shall place on the planning commission agenda the proposed amendments to the zoning code, amendments to the land use plan, and/or rezoning. After holding a public hearing, the planning commission shall make a recommendation to the city council for approval or denial of the request. The recommendation may include modifications to the detailed site plan recommended by the planning commission as conditions for approval.

5.

City Council Action. After the planning commission has held its public hearing and formulated a recommendation to the council, the secretary of the planning commission shall schedule a public hearing before the council. After holding a public hearing, the council may, by resolution, amend the land use plan, and may, by ordinance, amend, supplement, change, modify or repeal the zoning code or change district boundaries. The detailed site plan, as submitted with the application for rezoning for tracts of land less than five (5) acres in total area or adjacent to any existing RE or R-1 zoning district or any existing single-family residential use, shall be included as an attachment to the zoning ordinance. The council shall not hold its public hearing or take action until it has received the final recommendations of the planning commission.

B.

Protests. In cases of a protest against a rezoning filed at least three (3) days before the time of said council public hearing by owners of twenty percent (20%) or more of the area in the requested area or by the owners of fifty percent (50%) or more of the area of the lots within a three hundred-foot (300′) radius of the exterior boundary of the territory included in a proposed rezoning, such rezoning shall not become effective except by a favorable vote of three-fourths (¾) of all the members of the council.

C.

In the event that the rezoning request is denied by the council, the secretary of the planning commission shall not accept another application for rezoning the same tract of land or any portion thereof to the same zoning classification as was originally requested or a less restrictive zoning classification for a period of not less than six months from the date of denial by the council or the date of withdrawal by the applicant.

D.

The planning commission may waive the six-month waiting period and authorize the secretary of the planning commission to accept an application for rezoning which meets one (1) of the following criteria:

1.

If the requested rezoning is to a more restrictive zoning classification than was originally requested;

2.

Documentation by the applicant showing that the public interest will be served by approval of the requested change or that significant changes have occurred since the prior denial by the council, or withdrawal of the application, including but not limited to the following:

a.

The granting of a rezoning or use permitted on review of a more intensive nature for a tract of land within three hundred (300) feet of the exterior boundaries of the tract of land in question; or

b.

A change in classification to arterial, as contained in the approved Functional Classification Map for the City of Lawton, of a street abutting the tract in question; or

3.

New applicant is a party at interest who demonstrates to the planning commission that his interest was not in any way considered in the withdrawal or denial of the previous application.

(Ord. 2008-37, Amended, 06/16/2008)

(Ord. No. 24-069, § 1, 10-22-2024)

A.

All amendments to an approved detailed site plan must be presented to the planning director who will make a determination whether or not the changes constitute a significant change. A significant change shall be one that, in the opinion of the planning director, increases the potential impact of the development on the surrounding properties or on the community in general, to possibly include but not be limited to a change in the use, building footprint, height, driveway/entrance locations, and/or traffic circulation pattern.

1.

If the applicant disagrees with the determination of the planning director, the applicant may appeal the determination to the planning commission. The planning commission shall consider the appeal at the next regularly scheduled meeting.

2.

If the changes are not determined to be significant by either the planning commission or the planning director, the planning director shall approve the amended detailed site plan.

3.

If the changes are determined to be significant, the amended detailed site plan must be submitted to the planning commission and the city council for public hearing and action in accordance with the procedure set out below. No building permit shall be issued or, if a building permit has been issued, all building activity relating to the changes in the detailed site plan shall cease until such time as council has approved the amended detailed site plan.

B.

Applications for significant amendments to an approved detailed site plan shall follow the process set out in Section 18-1-1-114 for applications for rezoning and include the following:

1.

Explanation of Changes. A written statement shall be submitted listing changes made to the previously approved detailed site plan and reasons for said changes.

2.

Fee. The fee shall be paid as provided in the fee schedule.

3.

Ownership list as required in Section 18-1-1-114.

4.

Amended Detailed Site Plan. The detailed site plan shall meet the requirements of Section 18-1-1-114 of this code.

C.

Public Hearings. Each request for approval of a significantly amended detailed site plan shall require public hearings before the planning commission and the council. Notices and public hearings shall follow the requirements for rezoning in Section 18-1-1-114 of this code.

D.

Planning Commission Action. The secretary of the planning commission shall place on the planning commission agenda the amended detailed site plan. After holding a public hearing, the planning commission shall make a recommendation to the city council for approval or denial of the amended detailed site plan.

E.

City Council Action. After the planning commission has held its public hearing and formulated a recommendation to the council, the secretary of the planning commission shall schedule a public hearing before the council. After holding a public hearing, the council shall either:

1.

Approve an ordinance amending the original ordinance establishing the current zoning of the subject property, with the amended detailed site plan included as an attachment;

2.

Deny the amended detailed site plan.

F.

Protests against a proposed amended detailed site plan shall follow the requirements of Section 18-1-1-114 of this code.

G.

There shall be no required waiting period between applications for amended detailed site plans.

(Ord. 2008-37, Add, 06/16/2008)

A.

This chapter shall be enforced by a building official, acting at the direction of the city manager. He may be provided with the assistance of such other persons as the city manager may direct.

B.

If the building official shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures, removal of illegal buildings or structures or of additions, alterations or structural changes thereto, discontinuance of any illegal work being done, or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

A.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

2.

Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines;

3.

Boundaries indicated as approximately following city limits shall be construed as following city limits;

4.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

5.

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines;

6.

Boundaries indicated as parallel to or extensions of features indicated in 1 through 5 above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map; and

7.

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered in this section, the board of adjustment shall interpret the district boundaries.

Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint stating fully the causes and basis thereof with the building official. He shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.