A.

This district is intended to provide an area primarily for protecting and preserving agricultural values, including food production potentials for the near and distant future or the extraction of the various products such as oil, minerals, rock and gravel from the earth. The rural nature and low density of population in this district requires only that uses essential to agriculture, mining, quarrying and earth-extraction endeavors have a reasonable setback of buildings from streets or highways.

B.

It is the purpose of this district to encourage and protect such uses from urbanization until such is warranted and the appropriate change in district classification is made.

A.

Property and buildings in an A-1 General Agricultural District shall be used only for the following purposes:

1.

Dwelling structure for farm owner, operator or employee;

2.

All agricultural land uses, buildings and activities;

3.

Mining, quarrying and earth-extraction industries;

4.

Drilling for and extraction of oil and natural gas;

5.

Transportation pipeline and utility easements and rights-of-way;

6.

Temporary roadside stands for the sale of farm products grown on the premises, provided that up to thirty percent (30%) of the display area for produce may be used for the sale of products not grown on the premises. The temporary structure shall be required to sit back from the roadway only an adequate distance to permit parking and ingress and egress and shall not be constructed in such a location as would create an undue traffic hazard subject to all city, county or state regulations applicable thereto;

7.

All of the following uses:

a.

County use;

b.

Municipal use;

c.

Public stable or riding arena;

d.

Public utility buildings and facilities;

e.

Advertising signs;

f.

School;

g.

Church;

h.

Cemetery;

i.

Park or playground;

j.

Airport or landing field;

k.

Library;

l.

Country club;

m.

Golf course;

n.

Home occupation; and

o.

Plant nursery; and

8.

Medical marijuana growing facility when located a minimum of one thousand (1,000) feet from any non-agriculturally zoned property;

9.

Accessory buildings which are not a part of the main building, including barns, sheds and other farm buildings, private garages and accessory buildings which are a part of the main buildings.

(Ord. No. 18-30, §§ 2, 14, 10-9-2018)

A.

The following uses may be permitted on review in accordance with Section 18-113 of this code:

1.

Medical marijuana growing facility within an enclosed building when located within one thousand (1,000) feet from any non-agriculturally zoned property;

2.

Medical marijuana Tier III processor when associated with a growing facility within the same property.

(Ord. No. 21-23, § 2, 9-28-2021)

A.

All building and mining operations, except temporary roadside stands for the sale of farm products grown on the premises, shall be set back from road and street right-of-way lines to comply with the following front yard requirements:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater;

2.

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater;

3.

On all public roads or streets other than expressway systems, major arterial systems, federal, state or county highways, and section line roads, all buildings shall sit back a minimum of twenty-five (25) feet from the right-of-way or fifty (50) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on the side of the street between two intersecting streets is improved with buildings all of which have observed an average setback line with a variation of not more than six feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet; and

4.

When a yard has double frontage, the front yard requirements shall be complied with on both streets.

Except as provided in Section 18-404.1 of this code, there are no side yard or rear yard setback requirements for either main or accessory buildings except that clusters of three or more dwellings on one parcel of land under one ownership shall be located on the parcel in such a manner that they will comply with the minimum side yard and rear yard requirements of the A-2 Suburban District in the event that one or more of the homesites is conveyed to a second party.

(Ord. 2008-34, Amended, 04/22/2008)

A.

For dwelling sites served by a sanitary sewer approved by the Oklahoma Department of Environmental Quality, there shall be a lot area of not less than five acres for each dwelling and buildings accessory thereto.

B.

For dwelling sites which are not served by a sanitary sewer approved by the Oklahoma Department of Environmental Quality, the lot area shall be determined by a certified soil percolation test, and all plans and specifications shall be submitted to the city-county health department for approval. Such approval shall be based upon the minimum specifications of the Oklahoma Department of Environmental Quality for individual sewage disposal units. In no case shall the required lot area be less than in Subsection A hereof.

C.

Where a lot has less than herein required and all the boundary lines of that lot touch lands under other ownership on November 10, 1964, that lot may be used for any of the uses, except churches, permitted by this article.

D.

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this article, and the off-street parking areas required in Sections 18-801 et seq., of Article 8 of this chapter. However, the lot area for a church shall not be less than twenty-two thousand five hundred (22,500) square feet.

A.

The A-2 district is intended to provide a location for the land situated on the fringe of the urban area that may be either agricultural or urban in character. This area commonly has been subdivided by ownership into variously shaped tracts usually ranging from less than an acre to twenty (20) acres or more in size. The use of land in these areas will represent a variety of urban and rural uses, including the single-family dwelling unit on a small tract, residential uses with farm animals on acreages and agricultural endeavors of a limited scale.

B.

It is the purpose of this district to promote a compatibility between uses and to encourage and provide an orderly transition from agricultural to urban uses.

A.

Property and buildings in an A-2 Suburban District shall be used only for the following purposes:

1.

Detached one-family dwelling;

2.

Church;

3.

Public school or school offering general educational courses the same as ordinarily given in the public schools and having no rooms regularly used for housing or sleeping;

4.

Agricultural crops;

5.

The raising of farm animals in accordance with the regulations of the county-city health department, but this is not to be construed to allow commercial feed lots;

6.

Drilling for the extraction of oil and natural gas;

7.

Home occupation;

8.

All of the following uses:

a.

Country club;

b.

Golf course or driving range;

c.

Library;

d.

Municipal use;

e.

County use;

f.

Park or playground; and

g.

Plant nursery;

9.

Home beauty shop located in a dwelling provided such shop is conducted within the main dwelling, and is operated only by the inhabitants thereof and does not exceed one operator. The use shall be conducted in such a way that it is clearly incidental to the dwelling use and shall not change the character thereof. No sign shall be permitted except one nonilluminated nameplate not exceeding two square feet in area, attached to the main building;

10.

Accessory buildings which are not a part of the main building, including barns, sheds and other farm buildings, private garages and accessory buildings which are a part of the main building; and

11.

Veterinary medical facility, provided it meets requirements of the health officer and is not more obnoxious or detrimental to the area in which it is located by reason of noise, offensive odor, traffic congestion or danger to life or property than other uses listed herein.

The following uses may be permitted on review in an A-2 Suburban District in accordance with Section 18-113 of this code: sale of fireworks.

A.

All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater;

2.

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater;

3.

On all public roads or streets other than expressway systems, major arterial systems, federal, state or county highways, and section line roads, all buildings shall sit back a minimum of twenty-five (25) feet from the right-of-way line or fifty (50) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not more than six feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet; and

4.

When a yard has double frontage, the front yard requirements shall be complied with on both streets.

A.

For dwellings located on interior lots, there shall be a side yard on each side of the main building of not less than five (5) feet, except as provided in Section 18-404.1 of this code.

B.

For buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case. The side yard setback adjacent to an expressway system, an arterial system, a federal, state or county highway, or a section line road shall be the same as the front yard setback required on these facilities. The interior side yard on a corner lot shall be the same as for dwellings and accessory buildings on the interior lot.

C.

Except as provided in Section 18-404.1 of this code, churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall sit back from all interior side lot lines a distance of not less than twenty (20) feet. The side yard setback from the intersecting street on a corner lot shall be the same as required in subsection B of this section.

(Ord. 2008-34, Amended, 04/22/2008)

A.

Except as provided in Section 18-404.1 of this code, there shall be a rear yard for a main building of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever amount is smaller.

B.

Unattached one-story buildings of accessory use may be located in the rear yard of a main building, but unattached one-story buildings of accessory use shall sit back at least one foot from any utility easement or alley line.

(Ord. 2008-34, Amended, 04/22/2008)

For dwellings in the A-2 Suburban District there shall be a minimum lot width of fifty (50) feet at the front building line. Such lot shall abut on a street for a distance of not less than thirty-five (35) feet.

A.

For dwelling sites served by a sanitary sewer approved by the state health department, there shall be a lot area of not less than two and one-half (2-½) acres for each dwelling and buildings accessory thereto.

B.

For dwelling sites which are not served by a sanitary sewer approved by the Oklahoma Department of Environmental Quality, the lot area shall be determined by a certified soil percolation test and all plans and specifications shall be submitted to the county-city health department for approval. Such approval shall be based upon the minimum specifications of the Oklahoma Department of Environmental Quality for individual sewage disposal units. In no case shall the required lot area be less than required in Subsection A hereof.

C.

Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on November 10, 1964, that lot may be used for any of the uses, except churches, permitted by this article.

D.

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this article and the off-street parking areas required in Sections 18-801 et seq. of this code; however, the lot area for a church shall not be less than twenty-two thousand five hundred (22,500) square feet.

Main and accessory buildings in A-2 Suburban Districts shall not cover more than twenty-five percent (25%) of the lot area on interior lots, and thirty percent (30%) of the lot area on corner lots. Accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

No building shall exceed two and one-half (2-½) stories or thirty-five (35) feet in height except as provided in Section 18-405 of this code.

The R-1 Single-Family Dwelling District is the most restrictive residential district. The principal use of land is for single-family dwellings and lot density town house development and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities, and through consideration of the proper functional relationship of each element.

A.

Property and buildings in an R-1 Single-Family Dwelling District shall be used only for the following purposes:

1.

Detached one-family dwelling;

2.

Church;

3.

Public school or school offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping;

4.

Nonprofit institutions of higher education with all accessory and auxiliary buildings and uses customarily incidental to such institutions;

5.

Public park or playground;

6.

Library;

7.

General purpose farm or garden, but not the raising of livestock;

8.

Home occupation;

9.

Accessory buildings which are not a part of the main buildings, including a private garage or accessory buildings which are a part of the main building, including a private garage;

10.

Family day care home; and

11.

Residential sales.

A.

The following uses may be permitted on review in an R-1 district in accordance with Section 18-113 of this code:

1.

County use, municipal use, public building and public utility;

2.

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

3.

Golf club;

4.

Town houses; and

5.

Nonprofit home nursing management facility.

a.

All required parking must be in accordance with Article 8 of this chapter and shall adhere to an off-street parking requirement of one parking space per two employees.

b.

No parking will be permitted forward of the building limit line other than single-family drives.

A.

All buildings in an R-1 district shall be set back from street right-of-way lines to comply with the following front yard requirements:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater;

2.

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater;

3.

On all public roads or streets other than expressway systems, major arterial systems, federal, state or county highways, and section line roads, all buildings shall sit back a minimum of twenty-five (25) feet from the right-of-way line or fifty (50) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not more than six feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet; and

4.

When a yard has double frontage, the front yard requirements shall be complied with on both streets.

A.

For dwellings, other than town houses, located on interior lots, there shall be a side yard on each side of the main building of not less than five (5) feet, except as provided in Section 18-404.1 of this code.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

C.

For aesthetic and architectural organization purposes, a continuous roofline, walkway or breezeway connecting buildings shall be permitted. This connection could be an overhead, second floor structure which shall not contain a living unit or impair access to the rear of the property. The minimum separation between buildings on a single lot or parcel shall be twenty-five (25) feet. This requirement shall not be applicable to detached accessory buildings associated with a residential use.

D.

For unattached buildings of accessory use on lots less than one and one-half (1½) acre in size, there shall be a side yard of not less than five (5) feet, but unattached one-story buildings of accessory use shall not be required to sit back more than three feet from an interior side lot line when all parts of the accessory building are located not less than sixty-five (65) feet back of the front property line. For unattached buildings of accessory use on lots one and one-half (1½) acre and greater in size, there shall be a side yard of not less than twenty-five (25) feet.

E.

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case; except on lots one and one-half (1½) acre and greater in size, the side yard setback for accessory buildings shall be not less than twenty-five (25) feet. The side yard setback adjacent to an expressway system, a major arterial system, a federal, state or county highway, or a section line road shall be the same as the front yard setback required on these facilities. The interior side yard on a corner lot shall be the same as for dwellings and accessory buildings on an interior lot.

F.

Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall sit back from all interior side lot lines a distance of not less than twenty (20) feet. The side yard setback from the intersecting street on a corner lot shall be the same as required for residential uses in Subsection E hereof.

(Ord. 2002-34, Amended, 09/13/2002)

(Ord. No. 10-19, § 2, 5-25-2010; Ord. No. 12-07, § 2, 2-28-2012)

A.

For main buildings other than town houses, there shall be a rear yard of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever amount is smaller. Unattached one-story buildings of accessory use may be located in the rear yard of a main building as provided in Section 18-404.1 of this code. Additionally, unattached one-story buildings of accessory use shall sit back at least one foot from any utility easement or alley line.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

(Ord. 2002-34, Amended, 09/13/2002)

(Ord. No. 12-07, § 3, 2-28-2012)

A.

For dwellings other than town houses, there shall be a minimum lot width of fifty (50) feet at the front building line. Such lot shall abut on a street for a distance of not less than thirty-five (35) feet.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

(Ord. No. 12-07, § 4, 2-28-2012)

A.

For dwelling sites other than town houses, served by a sanitary sewer approved by the Oklahoma Department of Environmental Quality, there shall be a lot area of not less than six thousand (6,000) square feet for each dwelling and buildings accessory thereto.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

C.

For dwelling sites which are not served by a sanitary sewer approved by the Oklahoma Department of Environmental Quality, the lot area shall be determined by a certified soil percolation test; and all plans and specifications shall be submitted to the county-city health department for approval. Such approval shall be based upon the minimum specifications of the Oklahoma Department of Environmental Quality for individual sewage disposal units. In no case shall the required lot area be less than required in Subsection A of this section.

D.

Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership on November 10, 1964, that lot may be used for any of the uses, except churches, permitted by this article.

E.

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this article and the off-street parking areas required in Sections 18-801 et seq. of this code; however, the lot area for a church shall not be less than twenty-two thousand five hundred (22,500) square feet. Churches existing on or before June 7, 1977, on a lot size of thirteen thousand two hundred fifty (13,250) square feet shall be conforming as to lot size.

(Ord. No. 10-44, § 1, 12-14-2010; Ord. No. 12-07, § 5, 2-28-2012)

A.

Other than town houses, main and accessory buildings shall not cover more than forty-five percent (45%) of the lot area.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

(Ord. 2002-34, Amended, 09/13/2002)

(Ord. No. 12-07, § 6, 2-28-2012)

Editor's note— Ord. No. 12-07, § 7, adopted February 28, 2012, repealed § 18-5-3-527, which pertained to open space. See also the Code Comparative Table and Disposition List.

No building shall exceed two and one-half (2-½) stories or thirty-five (35) feet in height except as provided in Section 18-405 of this code.

The R-2 Two-Family Dwelling District is a residential district to provide for a slightly higher population density but with basic restrictions similar to the R-1 district. The principal use of land is for single-family dwellings, town houses and two-family dwellings and related recreational, religious and educational facilities normally required to provide a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through the consideration of the proper functional relationship and arrangement of each element.

A.

Property and buildings in an R-2 Two-Family Dwelling District shall be used only for the following purposes:

1.

Any uses permitted in the R-1 Single-Family Dwelling District;

2.

Two-family dwelling or a single-family dwelling and a garage apartment;

3.

Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot; and

4.

Residential sales.

The following uses may be permitted on review in an R-2 district in accordance with provisions of Section 18-113 of this code: Any use permitted on review in R-1 Single-Family Dwelling District.

A.

All buildings shall be set back from street right-of-way lines to comply with the following front yard requirements:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater;

2.

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater;

3.

On all public roads or streets other than expressway systems, major arterial systems, federal, state or county highways, and section line roads, all buildings shall sit back a minimum of twenty-five (25) feet from the right-of-way line or fifty (50) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not more than six feet, the minimum depth of the front yard shall be the average setback line established by the existing building. This regulation shall not require a front yard of greater depth than twenty-five (25) feet; and

4.

When a yard has double frontage, the front yard requirements shall be complied with on both streets.

A.

For dwellings other than town houses, located on interior lots, there shall be a side yard on each side of the main building of not less than five (5) feet, except as provided in Section 18-404.1 of this code.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

C.

For aesthetic and architectural organization purposes, a continuous roofline, walkway or breezeway connecting buildings shall be permitted. This connection could be an overhead, second floor structure which shall not contain a living unit or impair access to the rear of the property. The minimum separation between buildings on a single lot or parcel shall be twenty-five (25) feet. This requirement shall not be applicable to detached accessory buildings associated with a residential use.

D.

For unattached buildings of accessory use on lots less than one and one-half (1-½) acre in size, there shall be a side yard of not less than five feet; however, unattached one-story buildings of accessory use shall not be required to sit back more than three (3) feet from an interior side lot line when all parts of the accessory building are located not less than sixty-five (65) feet back of the front property line. For unattached buildings of accessory use on lots one and one-half (1½) acre and greater in size, there shall be a side yard of not less than twenty-five (25) feet.

E.

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case; except on lots one and one-half (1½) acre and greater in size, unattached accessory buildings shall sit a minimum of twenty-five (25) feet from the side property line. The side yard setback adjacent to an expressway system, a major arterial system, a federal, state or county highway, or a section line road shall be the same as the front yard setback required on these facilities. The interior side yard on a corner lot shall be the same as for dwellings and accessory buildings on an interior lot.

F.

Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall sit back from all interior side lot lines a distance of not less than twenty (20) feet. The side yard setback from the intersecting street on a corner lot shall be the same as required for residential uses in Subsection E hereof.

(Ord. 2002-34, Amended, 09/13/2002)

(Ord. No. 10-19, § 3, 5-25-2010; Ord. No. 12-07, § 8, 2-28-2012)

A.

For main buildings other than town houses, there shall be a rear yard of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever amount is smaller. Unattached one-story buildings of accessory use may be located in the rear yard of a main building as provided in Section 18-404.1 of this code. Additionally, unattached one-story buildings of accessory use shall sit back at least one foot from any utility easement or alley line.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

(Ord. 2002-34, Amended, 09/13/2002)

(Ord. No. 12-07, § 9, 2-28-2012)

A.

For dwellings, other than town houses, there shall be a minimum lot width of fifty (50) feet at the front building line; and such lot shall abut on a street for a distance of not less than thirty-five (35) feet.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

(Ord. No. 12-07, § 10, 2-28-2012)

A.

For dwelling sites other than town houses, served by a sanitary sewer approved by the Oklahoma Department of Environmental Quality, there shall be a lot area of not less than six thousand (6,000) square feet for each dwelling and buildings accessory thereto.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

C.

For each two-family dwelling and accessory buildings served by a sanitary sewer approved by the Oklahoma Department of Environmental Quality, there shall be a lot area of not less than seven thousand (7,000) square feet. A garage apartment located on the same lot with a single-family dwelling shall have the same area requirements as a two-family dwelling. In all other occasions, a garage apartment shall be provided with the same lot area as required by a single-family dwelling.

D.

For dwelling sites which are not served by a sanitary sewer approved by the Oklahoma Department of Environmental Quality, the lot area shall be determined by a certified soil percolation test; and all plans and specifications shall be submitted to the health officer for approval. Such approval shall be based upon the minimum specifications of the Oklahoma Department of Environmental Quality for individual sewage disposal units. In no case shall the required lot area be less than required in Subsections A. and B. of this section.

E.

Where a lot has less area than herein required and all boundary lines of that lot touch lands under other ownership on November 10, 1964, that lot may be used for any use, except churches, permitted in the R-1 Single-Family District.

F.

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard area required by this article and the off-street parking area required in Sections 18-801 et seq. of this code; however, the lot area for a church shall not be less than twenty-two thousand five hundred (22,500) square feet. Churches existing on or before June 7, 1977, on a lot size of thirteen thousand two hundred fifty (13,250) square feet shall be conforming as to lot size.

(Ord. No. 10-44, § 2, 12-14-2010; Ord. No. 12-07, § 11, 2-28-2012)

A.

Other than town houses, main and accessory buildings shall not cover more than forty-five percent (45%) of the lot area.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

(Ord. 2002-34, Amended, 09/13/2002)

(Ord. No. 12-07, § 12, 2-28-2012)

No building shall exceed two and one-half (2-½) stories or thirty-five (35) feet in height, except as provided in Section 18-405 of this code.

A.

The requirements of Sections 18-540 to 18-543 of this code are intended to provide exception or qualify and supplement, as the case may be, the specific district regulations set forth in this article on the R-2 district.

B.

For the purpose of Section 18-540 to 18-543 of this code "attached housing" is a form of planned housing development whereby residential units are grouped or bunched together in order to provide an improved design, more efficient construction techniques, common open space, shared parking or access, and other amenities that might not be obtainable through conventional development and such residential units may be subdivided.

C.

The purpose of Sections 18-540 to 18-543 of this code is to provide a mechanism that permits more flexible housing development and design within residentially zoned property in an R-2 district. The intent of this regulation is to allow deviations from certain development regulations of the R-2 zoning district without increasing the overall permitted density, thereby providing the owner/applicant with a variety of housing types and design alternatives.

D.

Application for use permitted on review of an attached housing development, as permitted in an R-2 zoning district, shall be accompanied by the payment of the required fee (Appendix A, Schedule of Fees and Charges), and submission of the following information:

1.

For proposed units, a site plan drawn to scale containing:

a.

All proposed structures, including walls and fences, as they will be located on the parcel;

b.

Location of all proposed driveways, sidewalks, utility lines and easements;

c.

A description of all interior yard areas proposed to be modified; and

d.

A list of all property owners within three hundred (300) feet of the parcel in conformance with Section 18-113 of this code;

2.

For existing units:

a.

Survey by licensed surveyor showing location of all structures, including walls and fences, driveways, sidewalks and easements; and

b.

Certificate of licensed architect certifying compliance with fire wall requirement of not less than one hour fire resistive rating; and

3.

A copy of restrictive covenants and other documents relating to insurance and maintenance of common areas.

A.

Uses permitted through use permitted on review procedure are:

1.

In the R-2 zoning district, the LMAPC may designate areas, tracts or sites for attached housing development by the issuance of a use permitted on review; and

2.

Application, public hearing, review and approval procedures shall be conducted in the same manner prescribed in Section 18-113 of this code authorizing uses permitted on review, subject to the additional requirements contained herein.

B.

Development, partition, and sale of individual dwelling units in two-family structures are permitted upon issuance of a use permitted on review. These attached housing regulations shall permit the sale of an individual dwelling unit which is attached by a party wall to a similar dwelling unit which is constructed in conformance with the use and development regulations pertaining to the two-family dwelling provided the units meet the provisions outlined in Section 18-542 of this code.

A.

As to uses permitted, an attached housing development shall be subject to the district use regulations of the R-2 zoning district.

B.

Development regulations are as follows:

1.

To be eligible for an attached housing development in the R-2 district, a parcel shall contain at least a total of seven thousand (7,000) square feet or at least three thousand five hundred (3,500) square feet of lot area for each dwelling unit;

2.

The original parcel to be subdivided will have an identifiable lot and is part of an approved subdivision plat which has been filed of record. The subdivision approval for each parcel shall be completed in accordance with Sections 21-101 et seq., on subdivisions, of this code;

3.

Yard requirements shall be the same provisions specified in an R-2 district;

4.

Attached housing shall not exceed height provisions specified in an R-2 district;

5.

The party wall separating the two dwelling units shall have a fire resistive rating of two hours. However, units constructed prior to the adoption of these regulations on May 27, 1986, shall be separated by a wall with a fire resistive rating of one hour; and

6.

Each unit shall have individual water and sewer connections and separate private utility connections.

C.

Where property within an attached housing development is to be held in common ownership, such development shall comply with provisions in Section 18-543 of this code.

D.

Accessory buildings shall be subject to the regulations of the R-2 district.

E.

Attached housing development shall comply with all applicable provisions of Sections 18-801 et seq. of Article 8 of this chapter on parking, loading and access.

F.

Adequate insurance for replacement in case of fire shall be included as a restrictive covenant filed in the county clerk's office.

A property owners association shall be created or other satisfactory arrangement such as restrictive covenants for improving, operating and maintenance of common facilities, including drives, services and parking areas; private recreation and open space area; and any accessory structures designed for joint use. Such instrument shall be filed in the county clerk's office.

The R-3 Multiple-Family Dwelling District is a residential district to provide for medium and high population density. The principal use of land can range from single-family uses and town houses to multiple-family and garden apartment uses. Certain uses which are functionally more compatible with intensive residential uses than with commercial uses are permitted, as are recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

A.

Property and buildings in an R-3 Multiple-Family Dwelling District shall be used only for the following purposes:

1.

Any use permitted in an R-2 Residential District;

2.

Multiple-family dwelling, apartment house; however, a structure to be used as a dwelling for more than four families shall be of new construction, originally designed for the number of dwelling units contained in or proposed for the structure;

3.

Rooming house or boardinghouse;

4.

Home for the aged or rest home; and

5.

Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

(Ord. 2007-32, Amended, 05/11/2007)

A.

The following uses may be permitted on review in accordance with provisions contained in Section 18-113 of this code.

1.

Any use permitted on review in an R-1 or R-2 residential district;

2.

Medical facility;

3.

Trailer court or mobile home park; and

4.

An off-street parking lot associated with a C-Commercial use as required under the provisions of Article 8 of this chapter.

5.

Day care center provided the building design and signage shall match the character of the nearby residential area; and

6.

Bed and breakfast establishment with the following conditions and requirements:

a.

There shall be a maximum of four guest rooms plus the living quarters for the owner/occupant managing the establishment and located in the principal building. Detached accessory building and garage apartments may not be converted into guest rooms.

b.

The establishment must maintain the residential character of the neighborhood and not detract from abutting properties. Any modification of the building to comply with codes shall not change the residential appearance of the building.

c.

One sign shall be permitted, not to exceed four square feet in area and may be lighted by no more than two fifty (50) watt light bulbs. Flashing and blinking lighting shall be prohibited. The terms "hotel" or "motel" shall not be allowed.

d.

There shall be off-street parking provided and shall be located in the rear of the building and conform to Article 8 of this chapter. The main parking requirement shall be no less than one space for each guest room and two spaces for the owner/occupant managing the establishment.

e.

The building containing the establishment shall meet all applicable codes; provided however, the kitchen shall not be required to meet commercial kitchen codes.

f.

The principal building shall have a minimum of two thousand, five hundred (2,500) square feet of habitable living area and a minimum of one bath room for every two guest rooms.

g.

Guests only, may be provided a morning meal by the establishment, but no other meal may be served and no cooking shall be permitted in the guest rooms.

h.

The owner/occupant that manages the establishment shall live on the property either in the principal or accessory building and no more than one person shall be employed other than the members of the owner/occupant family.

(Ord. 2007-32, Amended, 05/11/2007)

A.

All buildings in an R-3 district shall be set back from street right-of-way lines to comply with the following front yard requirements:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater;

2.

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater;

3.

On all public roads or streets other than expressway systems, major arterial systems, federal, state or county highways, and section line roads, all buildings shall sit back a minimum of twenty-five (25) feet from the right-of-way line or fifty (50) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not more than six feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet; and

4.

When a yard has double frontage, the front yard requirements shall be complied with on both streets.

A.

For dwellings other than town houses, located on an interior lot, a side yard of not less than five (5) feet shall be provided on both sides of the main dwelling for the first two (2) stories or part thereof, and an additional three (3) feet shall be provided for each additional story or part thereof beyond the first two (2) stories, except as provided in Section 18-404.1 of this code.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

C.

For aesthetic and architectural organization purposes, a continuous roofline, walkway or breezeway connecting buildings shall be permitted. This connection could be an overhead, second floor structure which shall not contain a living unit or impair access to the rear of the property. The minimum separation between buildings on a single lot or parcel shall be twenty-five (25) feet. This requirement shall not be applicable to detached accessory buildings associated with a residential use.

D.

For unattached buildings of accessory use on lots less than one and one-half (1½) acre in size, there shall be a side yard of not less than five (5) feet, but unattached one-story buildings of accessory use shall not be required to sit back more than three (3) feet from an interior side lot line when all parts of the accessory building are located not less than sixty-five (65) feet back of the front property line. For unattached buildings of accessory use on lots one and one-half (1½) acre and greater in size, there shall be a side yard of not less than twenty-five (25) feet.

E.

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case; except on lots one and one-half (1½) acre and greater in size, unattached accessory buildings shall sit at least twenty-five (25) feet from the side property line; however, the side yard setback adjacent to an expressway system, a major arterial system, a federal, state or county highway, or a section line road shall be the same as the front yard setback required on these facilities. The interior side yard on a corner lot shall be the same as for dwellings and accessory buildings on an interior lot.

F.

Trailer courts shall be planned in such a manner that no trailer or related building shall be located closer than five (5) feet to any side lot line.

G.

Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings and trailers, shall sit back from all interior side lot lines a distance of not less than twenty (20) feet. The side yard setback from the intersecting street on a corner lot shall be the same as required for residential uses in subsection E hereof.

(Ord. 2002-34, Amended, 09/13/2002)

(Ord. No. 10-19, § 4, 5-25-2010; Ord. No. 12-07, § 13, 2-28-2012)

A.

Except as provided in Section 18-404.1 of this code, for main buildings other than town houses and garage apartments, there shall be a rear yard of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of another dwelling but shall not be located closer than five (5) feet to the rear lot line. Unattached one-story buildings of accessory use may be located in the rear yard of a main building as provided in Section 18-404.1 of this code. Additionally, unattached one-story buildings of accessory use shall sit back at least one foot from any utility easement or alley line.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

(Ord. 2008-34, Amended, 04/22/2008)

(Ord. No. 12-07, § 14, 2-28-2012)

A.

There shall be a minimum lot width of fifty (50) feet at the front building line for one-family, two-family and three-family dwelling units, other than town houses. For each additional family over three and up to and including eight families, there shall be added ten (10) feet to the minimum width. For over eight families, the minimum width at the front building line shall be one hundred (100) feet.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

(Ord. No. 12-07, § 15, 2-28-2012)

A.

For dwelling sites other than town houses, served by a sanitary sewer approved by the Oklahoma Department of Environmental Quality, there shall be a lot area of not less than six thousand (6,000) square feet for a single-family dwelling, not less than seven thousand (7,000) square feet for a two-family dwelling, and for a multifamily dwelling, there shall be a lot area of not less than nine thousand (9,000) square feet plus an additional area of not less than two thousand (2,000) square feet for each family more than three (3) occupying the dwelling.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

C.

For dwelling sites served by a sanitary sewer approved by the Oklahoma Department of Environmental Quality, there shall be a lot area of not less than seven thousand (7,000) square feet where a garage apartment is located on the same lot with a single-family dwelling. When a garage apartment is located in the rear yard of a two-family or multifamily dwelling, the lot area shall be not less than two thousand (2,000) square feet more than is required for the two-family or multifamily dwelling.

D.

For dwelling sites which are not served by a sanitary sewer approved by the Oklahoma Department of Environmental Quality, the lot area shall be determined by a certified soil percolation test; and all plans and specifications shall be submitted to the health officer for approval. Such approval shall be based upon the minimum specifications of the Oklahoma Department of Environmental Quality for individual sewage disposal units. In no case shall the required lot area be less than required in Subsections A. and B. of this section.

E.

Where a lot has less area than herein required and all boundary lines of that lot touch lands under other ownership on November 10, 1964, that lot may be used for any use, except churches, permitted in the R-1 Single-Family Dwelling District.

F.

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this article and the off-street parking areas required in Sections 18-801 et seq. of this code; however, the lot area for a church shall not be less than twenty-two thousand five hundred (22,500) square feet. Churches existing on or before June 7, 1977, on a lot size of thirteen thousand two hundred fifty (13,250) square feet shall be conforming as to lot size.

(Ord. No. 10-44, § 3, 12-14-2010; Ord. No. 12-07, § 16, 2-28-2012)

A.

Other than town houses, main and accessory buildings shall not cover more than forty-five percent (45%) of the lot area.

B.

For townhouses refer to Section 18-4-1-418 of this code.

(Ord. 2002-34, Amended, 09/13/2002)

(Ord. No. 12-07, § 17, 2-28-2012)

No building in an R-3 district shall exceed three and one-half (3-½) stories or forty-five (45) feet in height, whichever be greater, except as provided in Section 18-405 of this code.

A.

All development other than single-family or two-family residential to be located on lots adjoining, adjacent, or abutting an R-E, R-1, or R-2 district or an existing single-family or two-family residential use shall be required to provide screening by an opaque ornamental fence or wall not less than six (6) feet nor more than eight (8) feet high.

1.

When separated from the adjoining, adjacent, or abutting R-E, R-1, or R-2 district or existing single-family or two-family residential use by a public alley, screening may be placed on the opposite side of the alley when a screening or fencing easement is obtained from the adjacent residential property owner. This officially recorded easement shall be submitted with the building permit application. If no easement can be obtained from the adjacent residential property owner, the screening shall be located on the subject property. The screening or fencing shall not be located on a dedicated alley.

2.

When an R-3 district abuts an R-E, R-1, or R-2 district at the centerline of a street right-of-way or a street separates an existing single-family or two-family residential use from the R-3 district, screening shall not be required along that portion of the development.

B.

Screening fences or walls shall not display advertising except the name of the development may be displayed under the following provisions:

1.

The maximum display area shall be sixty-four (64) square feet.

2.

A maximum of two (2) such display areas shall be permitted.

3.

Each display area may have indirect illumination only.

4.

Each display area must be located on private property and be maintained by the property owner.

(Ord. No. 10-31, § 1, 8-24-2010)

A.

The requirements of Sections 18-556 and 18-557 of this code are intended to provide exception or qualify and supplement, as the case may be, the specific district regulations set forth in this article.

B.

For the purpose of Sections 18-556 and 18-557, of this code, "quadraplex" is defined as an "attached house with common walls between the units, designed for and occupied exclusively as the residence of not more than four families, each living as an independent housekeeping unit, having separate water and sewer lines for new construction and separate water lines for existing construction, common open space, shared parking or access and which may be subdivided so as to have separate ownership of the individual units by different persons or entities".

C.

The purpose of this section is to provide a mechanism that permits the subdivision of a quadraplex in an R-4, C-1, C-4 or C-5 zoning classification as a "permitted use" and in an R-3 district, subject to approval of a "use permitted on review".

D.

Application for a "use permitted on review", in an R-3 zoning district, shall be accompanied by the payment of the fee provided in the fee schedule and submission of the following information:

1.

For proposed units.

a.

A site plan drawn to scale containing:

(1)

All proposed structures, including walls and fences, as they will be located on the parcel; and

(2)

Location of all proposed driveways, sidewalks, utility lines and easements; and

(3)

A description of all interior yard areas proposed to be modified; and

(4)

A list of all property owners within three hundred (300) feet of the parcel in conformance with Section 18-113 of this code.

b.

For existing units:

(1)

Survey by licensed surveyor showing location of all structures, including walls, and fences, driveways, sidewalks and easements; and

(2)

Certificate by a licensed architect certifying compliance with fire wall requirements of not less than one hour fire resistive rating; and

(3)

A copy of proposed restrictive covenants and other documents relating to insurance and maintenance of common areas.

E.

Uses allowed through the "use permitted on review" procedure are:

1.

In the R-3 zoning district, the LMAPC may designate areas, tracts or sites for quadraplex by the issuance of a "use permitted on review"; and

2.

Application, public hearing, review and approval procedures shall be conducted in the same manner prescribed in Section 18-113 of this code authorizing uses permitted on review, subject to the additional requirements contained thereon.

F.

Development, partition, and sale of individual dwelling units in quadraplex structures upon approval of a record plat for R-4, C-1, C-4 and C-5 zoning classification are permitted and upon issuance of a "use permitted on review" and approval of a record plat in a R-3 zoning district.

G.

These quadraplex regulations shall permit the sale of an individual dwelling unit which is attached by a party wall to similar dwelling units upon issuance of a use permitted on review and approval of a record plat in a R-3 zoning classification which is constructed in conformance with the use development regulations pertaining to the R-3 Multiple Family Dwelling District, provided the units meet the provisions outlined in Section 18-557 of this code.

H.

These quadraplex regulations shall permit the sale of an individual dwelling unit which is attached by a party wall to similar dwelling units upon approval of a record plat in a R-4, C-1, C-4 and C-5 zoning classification which is constructed in conformance with the use development regulations pertaining to the R-4 zoning district, provided the units meet the provisions outlined in Section 18-557 of this code.

A.

As to uses allowed, a proposed quadraplex in a R-3 zoning classification shall be subject to the regulations of the R-3 zoning district.

B.

As to uses allowed, a proposed quadraplex in a R-4, C-1, C-4 and C-5 zoning classification shall be subject to the regulations of the R-4 zoning district.

C.

Development Regulations:

1.

To be eligible for a quadraplex in the above described zoning districts, the parcel shall contain at least a total of nine thousand (9,000) square feet or at least two thousand two-hundred fifty (2,250) square feet of lot area for each dwelling unit; and

2.

The original parcel to be subdivided will have an identifiable lot and is part of an approved subdivision plat which has been filed of record. The subdivision approval for each parcel shall be complete in accordance with Sections 21-101 et seq., of this code; and

3.

In an R-3 zoning district yard requirement shall be the same provisions specified in an R-3 district; and

4.

In an R-4, C-1, C-4 and C-5 zoning districts yard requirement shall be the same provisions specified in an R-4 district; and

5.

Quadraplex housing shall not exceed height provision specified in an R-3 district; and

6.

The party wall separating the four dwelling units shall have a fire resistive rating of two hours. However, units constructed prior to the adoption of these regulations on January 11, 1994, need only be separated by a wall with a fire resistive rating of one hour, unless the units are substantially altered or reconstructed after the date of adoption of this ordinance on January 11, 1994; and

7.

Each unit constructed, substantially altered or reconstructed after adoption of this ordinance on January 11, 1994, shall have individual water and sewer connections and separate private utility connections; and

8.

Each existing unit shall have individual water connections and shall be metered separate from all other units.

D.

Where property within a quadraplex is to be held in common ownership, such development shall comply with the provisions in Section 18-557 (H), of this code.

E.

Accessory buildings shall be subject to the regulations of the R-3 district.

F.

Quadraplexes shall comply with applicable provision of Sections 18-801 et seq. of Article 8 of this chapter on parking, loading and access.

G.

The requirement of adequate insurance for each dwelling unit for replacement in case of fire or other catastrophes as a result of actions by the occupants of the other units shall be included as a restrictive covenant associated with the property.

H.

A property owners association shall be created or in the alternative some other satisfactory method of controlling common areas shall be implemented for improving, operating and maintaining common facilities and providing access to each unit not directly accessible to a public street or right-of-way, including: drives; services and parking areas; private recreation and open space area; and any accessory structures designed for joint use. A set of restrictive covenants shall be deemed adequate to meet this requirement. Such instrument shall be filed in the county clerk's office.

I.

The provisions of this section shall only apply to structures existing on the date of the adoption of this section on January 11, 1994. No structure completed after the date of adoption of this ordinance on January 11, 1994 shall be considered under the provisions of this section as a quadraplex unless all Building Code requirements for attached single family dwellings are met.

A.

The R-4 High-Density Apartment District is a residential district to provide for a high population density. This district will consist mainly of:

1.

Areas containing multifamily dwellings, including two-family dwellings, apartments, town houses, and some single-family dwellings which are centrally located and are appropriate to ultimate multifamily and high-density apartment development; and

2.

Open areas where future multifamily and high-density apartment development appears desirable.

B.

Certain uses which are functionally compatible with high population density development are permitted, as are recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

Property and buildings in an R-4 High-Density Apartment District shall be used only for the following purposes:

1.

Any use permitted in an R-3 Multiple-Family Dwelling District;

2.

Multiple-family dwelling, apartment house, rooming house or boardinghouse; however, a structure to be used as a dwelling for more than four families shall be of new construction, originally designed for the number of dwelling units contained in or proposed for the structure; and

3.

Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

(Ord. 2007-32, Amended, 05/11/2007)

A.

The following uses may be permitted on review in accordance with provisions contained in Section 18-113 of this code:

1.

Any use permitted on review in an R-3 Multiple-Family Dwelling District;

2.

Limited retail trade and personal services to meet the regular needs and designed specifically for the convenience of the occupants of the adjacent apartment units. The retail trade or personal service shall have no greater access thereto than would be had if the retail trade or personal service were located within the apartment structure itself, but under no condition shall vehicular access be directly in front of retail trade. No sign shall be permitted except one nameplate not exceeding four square feet in area, attached to the main building. Any illumination of the sign shall not be visible beyond the confines of apartment units.

A.

All buildings in an R-4 district shall be set back from street right-of-way lines to comply with the following front yard requirements:

1.

All buildings shall sit back from the right-of-way line of a federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater;

2.

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater; and

3.

On all public roads or streets other than expressway systems, major arterial systems, federal, state or county highways, and section line roads, all buildings shall sit back a minimum of twenty-five (25) feet from the right-of-way line or fifty (50) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not more than six feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet.

A.

Except as provided in Section 18-404.1 of this code, for dwellings other than town houses, located on an interior lot, a side yard of not less than five (5) feet shall be provided on both sides of the main dwelling for the first two (2) stories or part thereof and an additional three (3) feet shall be provided for each additional story or part thereof beyond the first two (2) stories not to exceed thirty-five (35) feet.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

C.

For aesthetic and architectural organization purposes, a continuous roofline, walkway or breezeway connecting buildings shall be permitted. This connection could be an overhead, second floor structure which shall not contain a living unit or impair access to the rear of the property. The minimum separation between buildings on a single lot or parcel shall be twenty-five (25) feet. This requirement shall not be applicable to detached accessory buildings associated with a residential use.

D.

Except as provided in Section 18-404.1 of this code, for unattached buildings of accessory use on lots less than one and one-half (1½) acre, there shall be a side yard of not less than five (5) feet, but unattached one-story buildings of accessory use shall not be required to sit back more than three (3) feet from an interior side lot line when all parts of the accessory building are located not less than sixty-five (65) feet back of the front property. For unattached buildings of accessory use on lots one and one-half (1½) acre and greater in size, there shall be a side yard of not less than twenty-five (25) feet.

E.

For buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case; except on lots one and one-half (1½) acre and greater in size, unattached accessory buildings shall sit a minimum of twenty-five (25) feet from the side property line; however, the side yard setback adjacent to an expressway system, an arterial system, a federal, state or county highway, or a section line road shall be the same as the front yard setback required on these facilities.

F.

The interior side yard on a corner lot shall be the same as for dwellings and accessory buildings on an interior lot.

G.

Trailer courts shall be planned in such a manner that no trailer or related building shall be located closer than five (5) feet to any side lot line.

H.

Except as provided in Section 18-404.1 of this code, churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings and trailers, shall sit back from all interior side lot lines a distance of not less than twenty (20) feet. The side yard setback from the intersecting street on a corner lot shall be the same as required in Subsection E hereof.

(Ord. 2008-34, Amended, 04/22/2008)

(Ord. No. 10-19, § 5, 5-25-2010; Ord. No. 12-07, § 18, 2-28-2012)

A.

Except as provided in Section 18-404.1 of this code, for main buildings other than town houses and garage apartments, there shall be a rear yard of not less than fifteen (15) feet or fifteen percent (15%) of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of another dwelling but shall not be located closer than five (5) feet to the rear lot line. Unattached one-story buildings of accessory use may be located in the rear yard of a main building as provided in Section 18-404.1 of this code. Additionally, unattached one-story buildings of accessory use shall sit back at least one foot from any utility easement or alley line.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

(Ord. 2008-34, Amended, 04/22/2008)

(Ord. No. 12-07, § 19, 2-28-2012)

A.

For one-family, two-family and three-family dwelling units, other than town houses, there shall be a minimum lot width of fifty (50) feet at the front building line. For each additional family over three and up to and including eight families, there shall be added ten (10) feet to the minimum width. For over eight families, the minimum width at the front building line shall be one hundred (100) feet.

B.

For townhouses, refer to Section 18-4-1-418 of this code.

(Ord. No. 12-07, § 20, 2-28-2012)

A.

For dwelling sites other than townhouses, served by a sanitary sewer approved by the Oklahoma Department of Environmental Quality, there shall be a lot area per dwelling unit and a total lot area of not less than the following:

B.

For townhouses, refer to Section 18-4-1-418 of this code.

C.

For dwelling sites served by a sanitary sewer approved by the Oklahoma Department of Environmental Quality, there shall be a lot area of not less than seven thousand (7,000) square feet where a garage apartment is located on the same lot with a single-family dwelling. When a garage apartment is located in the rear yard of a two-family or multifamily dwelling, the lot area shall be not less than two thousand (2,000) square feet more than is required for the two-family or multifamily dwelling.

D.

For dwelling sites which are not served by a sanitary sewer approved by the Oklahoma Department of Environmental Quality, the lot area shall be determined by a certified soil percolation test; and all plans and specifications shall be submitted to the county-city health department for approval. Such approval shall be based upon the minimum specifications of the Oklahoma Department of Environmental Quality for individual sewage disposal units. In no case shall the required lot area be less than required in Subsection A. hereof.

E.

Where a lot has less area than herein required and all boundary lines of that lot touch lands under other ownership on November 10, 1964, that lot may be used for any use, except churches, permitted in the R-1 Single-Family Dwelling District.

F.

For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this article and the off-street parking area required in Sections 18-801 et seq. of this code; however, the lot area for a church shall not be less than twenty-two thousand five hundred (22,500) square feet. Churches existing on or before June 7, 1977, on a lot size of thirteen thousand two hundred fifty (13,250) square feet shall be conforming as to lot size.

(Ord. No. 10-44, § 4, 12-14-2010; Ord. No. 12-07, § 21, 2-28-2012)

A.

Other than town houses, main and accessory buildings shall not cover more than forty-five percent (45%) of the lot area.

B.

For townhouses refer to Section 18-4-1-418 of this code.

(Ord. 2002-34, Amended, 09/13/2002)

(Ord. No. 12-07, § 22, 2-28-2012)

No buildings in an R-4 district shall exceed fifteen (15) stories or one hundred sixty-five (165) feet, whichever be greater, except as provided in Section 18-405 of this code.

A.

All development other than single-family or two-family residential to be located on lots adjoining, adjacent, or abutting an R-E, R-1, or R-2 district or an existing single-family or two-family residential use shall be required to provide screening by an opaque ornamental fence or wall not less than six (6) feet nor more than eight (8) feet high.

1.

When separated from the adjoining, adjacent, or abutting R-E, R-1, or R-2 district or existing single-family or two-family residential use by a public alley, screening may be placed on the opposite side of the alley when a screening or fencing easement is obtained from the adjacent residential property owner. This officially recorded easement shall be submitted with the building permit application. If no easement can be obtained from the adjacent residential property owner, the screening shall be located on the subject property. The screening or fencing shall not be located on a dedicated alley.

2.

When an R-4 district abuts an R-E, R-1, or R-2 district at the centerline of a street right-of-way or a street separates an existing single-family or two-family residential use from the R-4 district, screening shall not be required along that portion of the development.

B.

Screening fences or walls shall not display advertising except the name of the development may be displayed under the following provisions:

1.

The maximum display area shall be sixty-four (64) square feet.

2.

A maximum of two (2) such display areas shall be permitted.

3.

Each display area may have indirect illumination only.

4.

Each display area must be located on private property and be maintained by the property owner.

(Ord. No. 10-31, § 2, 8-24-2010)

The P-F Public Facilities District is intended to accommodate governmental, public recreational, public utility, public educational, public institutional and public or private correctional facilities and privately-owned facilities which are similar in function, where appropriate.

(97-38, Amended, 08/12/1997)

(Ord. No. 15-22, § 1, 9-8-2015)

A.

The following uses shall be permitted in the P-F Public Facilities District:

1.

Any facility that is publicly-owned and used for the benefit of any federal, state, county, or municipal governmental entity or division thereof, unless otherwise listed in Section 18-5-7-572 of this code, including but not limited to:

a.

Airport;

b.

Armory;

c.

Auditorium;

d.

City, county, state, or federal office building;

e.

Community center;

f.

Exhibition hall;

g.

Fairground;

h.

Fire station;

i.

Hospital;

j.

Library;

k.

Medical office/clinic;

l.

Museum;

m.

Nursing home or assisted living center;

n.

Park;

o.

Police station;

p.

Post office;

q.

School, elementary, secondary or vocational;

r.

Sports stadium;

s.

University and college offering degrees of higher education;

2.

Child care center;

3.

Church;

4.

Private hospital and associated uses if located on same tract;

5.

Private school, elementary or secondary, offering general educational courses similar to those as ordinarily given in the public schools.

(Ord. 2002-50, Amended, 01/17/2003; 97-38, Amended, 08/12/1997; 95-20, Amended, 05/09/1995)

(Ord. No. 15-22, § 1, 9-8-2015; Ord. No. 23-40, § 1, 9-26-2023)

A.

The following uses may be permitted on review in a P-F District in accordance with the provisions of Section 18-113 of this code:

1.

Art gallery;

2.

Private nursing home or assisted living center;

3.

Private medical office;

4.

Private university and college offering degrees of higher education;

5.

Public or private correctional facility including pre-release center;

6.

Public or private facility providing in-patient mental health treatment;

7.

Public or private outpatient clinic; if the clinic includes the treatment of psychiatric illness, sociopathic or psychopathic condition, drug, alcohol or any other addition and related rehabilitation, such must be stated on the site plan;

8.

Radio station;

9.

Television station;

10.

Any privately-owned use similar in function and character to the uses enumerated in Section 18-5-7-571 of this code and the uses listed above.

(Ord. 2002-50, Amended, 01/17/2003)

(Ord. No. 13-25, § 1, 8-13-2013; Ord. No. 15-22, § 1, 9-8-2015; Ord. No. 23-40, § 2, 9-26-2023)

A.

All buildings in a P-F District shall be set back from street right-of-way lines to comply with the following front yard requirements unless otherwise amended in accordance with Section 18-5-7-577:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater;

2.

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater;

3.

On all public roads or streets other than expressway systems, major arterial systems, federal, state or county highways, and section line roads, all buildings shall sit back a minimum of twenty-five (25) feet from the right-of-way line or fifty (50) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not more than six (6) feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet; and

4.

When a yard has double frontage, the front yard requirements shall be complied with on both streets.

(Ord. No. 15-22, § 1, 9-8-2015)

Except as provided in Section 18-404.1 of this code, where property in a P-F District abuts property in any other district, the minimum yard required shall be the same as that required along the same property line in the abutting district unless otherwise amended in accordance with Section 18-5-7-577.

(Ord. 2008-34, Amended, 04/22/2008)

(Ord. No. 15-22, § 1, 9-8-2015)

The area and frontage of the property involved shall be sufficient for the specific intended use. All structures located in the P-F District shall be limited to forty-five (45) feet in height if adjacent to R-1 Single-Family Dwelling and R-2 Two-Family Dwelling Districts and single-family and two-family dwellings unless otherwise specified in Section 18-4-1-405 of this code or amended in accordance with Section 18-5-7-577 of this code.

(Ord. 2002-50, Amended, 01/17/2003)

(Ord. No. 15-22, § 1, 9-8-2015)

Each facility located in a P-F District shall be provided with sufficient off-street parking space to satisfy the entire parking demand created by such facility unless otherwise amended in accordance with Section 18-5-7-577.

(Ord. No. 15-22, § 1, 9-8-2015)

A.

In individual cases where the public interest is clearly and specifically demonstrated, the city council, after receiving a recommendation formulated after a public hearing by the planning commission, may amend the requirements of Sections 18-573, 18-574, 18-575, and 18-576 of this code and the landscaping and screening requirements specified in Section 18-4-1-415 of this code for property zoned P-F.

B.

The procedure for such application shall be as follows:

1.

The application for amendment of regulations as established by this article shall be submitted not later than fourteen (14) days prior to the meeting of the planning commission at which the applicant wishes to be heard. The application shall be accompanied by a site plan showing the requested amendment, a list of names and addresses of all property owners of record within three hundred (300) feet of the property affected by the requested amendment, a statement of justification as to why the proposed amendment would be in the public interest and other evidence deemed appropriate by the planning commission;

2.

The planning commission shall conduct one or more public hearings thereon. The applicant and property owners of record within three hundred (300) feet of the area to be affected by the proposed amendment shall be informed in writing by the planning commission as to the details of the requested amendment and the date, time and place of the public hearing no later than ten (10) days prior to the public hearing date;

3.

Following the public hearing the planning commission will consider the request to determine whether it is in the public interest and forward a recommendation to the city council of approval or disapproval of the proposed amendment; and

4.

The city council may approve or deny the proposed amendment only after having considered the recommendation from the planning commission. If the city council approves the proposed amendment, the council will direct the building official to issue the required building permit or permits.

(Ord. No. 15-22, § 1, 9-8-2015)

Editor's note— Ord. No. 15-22, § 1, adopted Sept. 8, 2015, retitled § 18-5-7-577 from "Modifications" to read as herein set out.

The P-O Professional and Office District is intended to provide a location for the administrative and professional offices which can occupy smaller structures in a landscaped setting. This type of development can serve as a buffer between more intense retail and office commercial uses and established residential neighborhoods. Emphasis is placed on smaller, individual, free standing buildings, landscaping, setbacks, sign control and restricted building height in order to promote protection for nearby residences.

A.

Property and buildings in a P-O Professional and Office District shall be used only for the following purposes:

1.

Business offices, including but not limited to real estate brokers, insurance agents, stockbrokers and management consultants when not displaying or handling merchandise on the premises; and

2.

Professional offices, including but not limited to architects, engineers, lawyers, accountants, physicians, dentists; and

3.

Government offices.

A.

All buildings in a P-O Professional and Office District shall be set back from street right-of-way lines to comply with the following front yard requirements:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater;

2.

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater;

3.

On all public roads or streets other than expressway systems, major arterial systems, federal, state or county highways, and section line roads, all buildings shall sit back a minimum of twenty-five (25) feet from the right-of-way line or fifty (50) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not more than six feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet; and

4.

When a yard has a double frontage, the front yard requirements shall be complied with on both streets.

A.

Except as provided in Section 18-404.1 of this code, all buildings in a P-O Professional and Office District shall be set back from side property lines to comply with the following side yard requirements:

1.

On the side of a lot adjoining a multi-family residential district, there shall be a side yard of not less than ten (10) feet; and

2.

There shall be a side yard setback from an intersecting street of not less than twenty (20) feet.

B.

The side yard setback adjacent to an expressway system, an arterial system, a federal, state or county highway, or a section line road shall be the same as the front yard setback required on these facilities.

(Ord. 2008-34, Amended, 04/22/2008)

A.

Except as provided in Section 18-404.1 of this code, all buildings in a P-O Professional and Office District shall be set back from rear property lines to comply with the following rear yard requirements:

1.

On the rear of the lot adjoining a multi-family residential district, there shall be a rear yard of not less than ten (10) feet; and

2.

Where an office building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard or combination thereof of not less than twenty (20) feet.

(Ord. 2008-34, Amended, 04/22/2008)

Buildings shall be provided with a yard adequate to meet off-street parking requirements set forth in Article 8 of this chapter.

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

(Ord. No. 11-53, § 7, 11-29-2011)

No building in a P-O Professional and Office District shall exceed two stories or thirty (30) feet in height.

(Ord. 2008-46, Amended, 06/24/2008)

Editor's note— Ord. No. 15-25, § 2, adopted Sept. 8, 2015, repealed § 18-5-7(1)-578.7, which pertained to landscaping and screening. Section 1 of said ordinance amended § 18-4-1-415 with similar provisions. See also the Code Comparative Table and Disposition List.

The C-1 Local Commercial District is for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational elements, more restrictive requirements for light, air, open space and off-street parking are made than are provided in other commercial districts.

A.

The following uses shall be permitted in C-1 (Local Commercial District):

1.

Any use permitted in an R-4 Residential District;

2.

Any use permitted in a P-F Public Facilities District;

3.

Archery range (indoor) and archery equipment sales;

4.

Bakery, where products prepared are retailed on the premises;

5.

Barbershop;

6.

Beauty shop;

7.

Business offices, including, but not limited to, real estate brokers, insurance agents, stockbrokers and management consultants when not displaying or handling merchandise on the premises;

8.

Day care center;

9.

Dress shop;

10.

Drugstore or pharmacy;

11.

Florist, provided there are not separate greenhouses and no outside planting or storage of plants, trees, bushes or flowers for sale;

12.

Funeral home or mortuary;

13.

Grocery or supermarket;

14.

Ice-dispensing machine, automatic type, and other outdoor automatic vending machines;

15.

Indoor theater;

16.

Interior design or art objects shop, where repair or refurbishing is permitted within the confines of the building;

17.

Laundry and dry cleaning pickup station;

18.

Medical facility;

19.

Medical marijuana dispensary, if located on a major street;

20.

Medical marijuana—Tier I processor, when associated with a dispensary located within the same building and all processed materials are sold on site;

21.

Oil change shop;

22.

Professional offices, including but not limited to architects, engineers, lawyers, accountants, physicians, and dentists;

23.

Professional studio or academy for the teaching of the arts, the following of which are examples but not inclusive: fine arts, dance, drama, music, martial arts, and/or gymnastics, provided all instruction is conducted within the confines of the building;

24.

Restaurant, but not a drive-in restaurant;

25.

Retail sales provided all merchandise is displayed and stored within the building;

26.

Retail meat market but not frozen food locker plant, wholesale meat market or any use involving the slaughtering of animals;

27.

Self-service type laundromat or dry cleaning;

28.

Shoe repair shop;

29.

Tailor shop;

30.

Toy store;

31.

Variety store; and

32.

Accessory buildings and uses customarily incidental to the above uses.

B.

A building used for any of the above-enumerated uses may not have more than forty percent (40%) of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or stored in connection with the uses enumerated in paragraphs 1 through 30 of Subsection A above shall be displayed or stored outside of a building, except as specifically authorized by this code.

(Ord. 2007-32, Amended, 05/11/2007; Ord. No. 13-09, § 1, 2-26-2013; Ord. No. 18-30, §§ 3, 14, 10-9-2018; Ord. No. 19-20, § 1, 10-8-2019; Ord. No. 21-08 § 1, 3-23-2021; Ord. No. 21-23, § 3, 9-28-2021; Ord. No. 24-079, § 1, 12-3-2024)

A.

The following uses may be permitted on review in a C-1 district in accordance with provisions of Section 18-113 of this code:

1.

Any use permitted on review in an R-4 High-Density Apartment Dwelling residential district;

2.

Gasoline service or filling station;

3.

Government offices;

4.

Institutional or fraternal building and use not to include the sale of alcoholic beverages for on-premises consumption;

5.

Medical marijuana dispensary, if not located on a major street;

6.

Medical marijuana—Tier 2 processor, when associated with a dispensary located within the same building, and all processed materials are sold on site;

7.

Nursery and/or garden center;

8.

Pet shop;

9.

Upholstery shop for retail service only, limited to a maximum gross floor area of one thousand five hundred (1,500) square feet;

10.

The following uses may be permitted on review when located on a major street and may be subject to conditions, i.e., setbacks and/or screening from adjacent residential uses or districts, limitations on intensity, hours of operation, etc.:

a.

Any use listed in Section 18-591 and Section 18-592 of this code;

b.

Pet day care centers; and

11.

Any other retail store, shop or establishment serving the neighborhood in the manner stated above and not listed in any other commercial or industrial zone and which is similar in character to those above enumerated and is not more obnoxious or detrimental to the area in which it is located, by reason of noise, offensive odor, smoke, dust, vibration, traffic congestion or danger to life and property than those uses enumerated above.

(2000-30, Amended, 09/12/2000; 97-18, Amended, 04/22/1997; 97-10, Amended, 03/11/1997)

(Ord. No. 13-20, § 1, 5-14-2013; Ord. No. 16-30, § 2, 11-22-2016; Ord. No. 18-29, § 2, 9-25-2018; Ord. No. 18-30, §§ 4, 14, 10-9-2018; Ord. No. 21-23, § 4, 9-28-2021)

A.

The area requirements for dwellings shall be the same as the requirements of the R-3 Residential District.

A.

Except as provided in Section 18-582 of this code, all buildings in a C-1 district shall be set back from the street as follows:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater;

2.

All buildings shall sit back from the right-of-way line of a major arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater;

3.

On all public roads or streets other than expressway systems, major arterial systems, federal, state or county highways, and section line roads, all buildings shall sit back a minimum of twenty-five (25) feet from the right-of-way line or fifty (50) feet from the center line of the right-of-way easement, whichever is greater; however, if twenty-five percent (25%) or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line with a variation of not more than six feet, the minimum depth of the front yard shall be the average setback line established by the existing buildings. This regulation shall not require a front yard of greater depth than twenty-five (25) feet; and

4.

When a yard has double frontage, the front yard requirements shall be complied with on both streets.

A.

Except as provided in Sections 18-404.1 and 18-582 of this code, all buildings in a C-1 district shall comply with the following side yard requirements:

1.

On the side of a lot adjoining a multi-family residential district, there shall be a side yard of not less than five (5) feet; and

2.

There shall be a side yard setback from an intersecting street of not less than fifteen (15) feet.

B.

The side yard setback adjacent to an expressway system, an arterial system, a federal, state or highway, or a section line road shall be the same as the front yard setback required on these facilities.

(Ord. 2008-34, Amended, 04/22/2008)

A.

Except as provided in Sections 18-404.1 and 18-582 of this code, all buildings in a C-1 district shall comply with the following rear yard requirements:

1.

On the rear of the lot adjoining a multi-family residential district, there shall be a rear yard of not less than five (5) feet; and

2.

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

(Ord. 2008-34, Amended, 04/22/2008)

Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Sections 18-801 et seq. of this code.

No building in a C-1 district shall exceed three and one-half (3½) stories or forty-five (45) feet in height, except as provided in Section 18-405 of this code.

Editor's note— Ord. No. 15-25, § 3, adopted Sept. 8, 2015, repealed § 18-5-8-588, which pertained to landscaping and screening. Section 1 of said ordinance amended § 18-4-1-415 with similar provisions. See also the Code Comparative Table and Disposition List.

The C-2 Planned Neighborhood Shopping Center District is provided to accommodate the neighborhood shopping center near a residential neighborhood. It allows for all those uses normally associated with a neighborhood convenience goods and personal services shopping center such as groceries, drugs, hardware, liquor, barbershop, beauty shop, laundry and some variety items. The center may contain one or two (2) small apparel or shoe stores , but should be dominated by convenience goods, which are items of daily consumption and very frequent purchase — sometimes called "spot necessity" items. Because this district is designed to be developed as a planned neighborhood shopping center, special requirements and benefits are included for developments designated as such. This does not, however, prevent the use of this district on smaller sites with any of the uses permitted herein.

(Ord. 2008-45, Amended, 07/24/2008)

A.

The following uses shall be permitted in the C-2 Planned Neighborhood Shopping Center District:

1.

Any use permitted in a P-F Public Facilities District;

2.

Apparel specialty shop and limited dry goods, but not a department store;

3.

Appliance store, providing that no outside storage or display is permitted.

4.

Bakery, where products prepared are retailed on the premises;

5.

Bank and banking facilities;

6.

Barbershop;

7.

Beauty shop;

8.

Book or stationery store;

9.

Branch post office;

10.

Branch utility collection office;

11.

Business and professional offices;

12.

Camera;

13.

Candy store, tobacco shop;

14.

Church;

15.

Cleaning and laundry pickup station;

16.

Cleaning and laundry station for walk-in trade only where no outside pickup or delivery is provided;

17.

Day care center;

18.

Drugstore or pharmacy;

19.

Florist, provided there are no separate greenhouses and no outside planting or storage of plants, trees, bushes or flowers for sale;

20.

Gift shop;

21.

Hardware store;

22.

Hobby or toy shop;

23.

Ice-dispensing machine and other outdoor type automatic dispensing machines;

24.

Jewelry store, including watch repair service;

25.

Medical marijuana dispensary;

26.

Medical marijuana—Tier I processor, when associated with a dispensary located within the same building and all processed materials are sold on site;

27.

Mini warehouses which are divided into compartments of not to exceed five hundred (500) square feet and each of which is available solely to a lessee only for the storage of personal property; the above-described use shall comply with the following:

a.

Such structures shall be so screened by ornamental fence, walls or evergreen planting that it cannot be seen by a person standing on ground level in any abutting residential district.

b.

All the lots used for parking of vehicles and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by use;

c.

There shall be no outside storage of personal property;

d.

There shall not be permitted in such structures any wholesale or retail sales activities, fabrication, repair, meetings, rehearsals or any other activity other than storage of personal property, except an office for the sole purpose of the management of the mini warehouse units. Off-street parking shall be required in a suitable location to the office facility in addition to the parking required by the mini warehouses;

e.

There shall be no separate utility connections authorized for individual compartments within the mini warehouse. This restriction shall not prohibit the owner or builder from providing adequate electrical current for lighting and a convenience outlet to each compartment provided that such service is regulated by a single meter for the entire mini warehouse; and

f.

Resident manager's quarters may be constructed on-site, provided that such quarters shall meet all applicable regulations related to residential occupancy and be compatible with the architectural design of the mini warehouses. Additionally, such quarters shall be occupied only by the resident manager;

28.

Paint, wallpaper and glass sales store;

29.

Pet store;

30.

Photographer studio;

31.

Professional studio or academy for the teaching of the arts, the following of which are examples but not inclusive: fine arts, dance, drama, music, martial arts, and/or gymnastics, provided all instruction is conducted within the confines of the building;

32.

Record store, but not including the sale of musical instruments or appliances;

33.

Retail meat market but not frozen food locker plant, wholesale meat market or any use involving the slaughtering of animals;

34.

Service station; however, not more than one service station shall be located in each planned neighborhood shopping center without permissive use approval; also, there shall be no outside storage or display of goods for sale other than small cans of lubricants and similar goods, but in no case shall any goods be stored or displayed within fifteen (15) feet of any street, road or accessway other than the accessway into the service station;

35.

Self-serve type laundromat or dry cleaning;

36.

Shoe store;

37.

Shoe repair, shoeshine shop;

38.

Sporting goods store;

39.

Supermarket or grocery;

40.

Television and radio service and repair shop, but not including the sale of television sets, radios or other appliances;

41.

Variety or dime store, but not a department store;

42.

Buildings, structures and uses accessory and customarily incidental to any of the above uses; however, there shall be no manufacture, processing or compounding of products other than such as is customarily incidental to any of the above uses; also, there shall be no manufacture, processing or compounding of products other than such as is customarily incidental or essential to retail establishments.

(Ord. 2001-14, Amended, 04/24/2001; 95-42, Amended, 09/26/1995; Ord. 2008-73, Amended, 12/16/2008)

(Ord. No. 16-16, § 1, 5-24-2016; Ord. No. 18-30, §§ 5, 14, 10-9-2018; Ord. No. 19-20, § 2, 10-8-2019; Ord. No. 21-23, § 5, 9-28-2021; Ord. No. 24-079, § 2, 12-3-2024)

A.

The following uses may be permitted on review in the C-2 Planned Neighborhood Shopping Center District in accordance with provisions of Section 18-113 of this code:

1.

An additional service station;

2.

Furniture store;

3.

Small animal veterinary clinic;

4.

Liquor/package store;

5.

Cafeteria, or restaurant, but not drive-in restaurants;

6.

Theater, provided it abuts a major street;

7.

Amusement center/arcade;

8.

Medical marijuana—Tier II processor, when associated with a dispensary located within the same building, and all processed materials are sold on site;

9.

Any other retail store, shop or establishment serving the neighborhood in the manner stated above and not listed in any other commercial or industrial zone and which is similar in character to those above enumerated and is not more obnoxious or detrimental to the area in which it is located, by reason of noise, offensive odor, smoke, dust, vibration, traffic congestion or danger to life and property than those uses enumerated above.

(Ord. No. 18-29, §§ 3, 8, 9-25-2018; Ord. No. 21-23, § 6, 9-28-2021)

For projects to be developed as a planned neighborhood shopping center there shall be submitted to the city building official prior to, or at the time of, a request for a building permit for any use in the shopping center a development plan for the entire shopping center. The development plan shall show the location of proposed buildings, the layout of the parking area in detail, the proposed points of ingress and egress, the location of proposed signs other than those to be attached to buildings, and the areas reserved for landscaping. The development plan shall be reviewed by the building official, the city engineer and the planning director for conformity with all city standards and specifications. The development plan shall be filed with the building official, who shall issue permits, when requested, for any building or use in conformity with this plan and the intent of this chapter.

Cross reference— Building permits, Secs. 6-107 et seq. of this code.

(Ord. 2008-45, Amended, 07/24/2008)

A.

All buildings in a C-2 district shall be set back from street right-of-way lines and external lot lines to comply with the following requirements:

1.

All buildings shall sit back from the right-of-way line of an expressway system or a state or federal highway a minimum of twenty-five (25) feet from the right-of-way line or one hundred (100) feet from the center line of the right-of-way easement, whichever is greater;

2.

All buildings shall sit back from the right-of-way line of an arterial system or a section line road or county highway a minimum of twenty-five (25) feet from the right-of-way line or seventy-five (75) feet from the center line of the right-of-way easement, whichever is greater; and

3.

In any other case the minimum setback from all external lot lines shall be twenty-five (25) feet except as provided in Section 18-404.1 of this code.

(Ord. 2008-34, Amended, 04/22/2008)

A.

The minimum size that may be designated as a planned neighborhood shopping center shall be two and one-half (2 ½) acres.

B.

The maximum height of any building shall be thirty-five (35) feet or two stories, whichever is greater.

(Ord. 2008-45, Amended, 07/24/2008)

A.

For developments meeting the criteria of a planned neighborhood shopping center there shall be a parking area of five parking spaces with maneuvering area per each one thousand (1,000) square feet of building development (gross floor area). The parking area shall be hard surfaced to standard city specifications and installed at the same time and in the same proportions to the construction of each building in the shopping center.

B.

Developments not meeting the criteria of a planned neighborhood shopping center shall provide off-street parking meeting the requirements of Section 18-8-1-805 of this code.

(Ord. 2008-45, Amended, 07/24/2008)

A.

For developments meeting the criteria of a planned neighborhood shopping center there shall not be any entrance to the shopping center, or entrance to any use located therein, closer to any intersection of an arterial street or section line road adjacent to the shopping center than one hundred thirty-five (135) feet.

B.

All entrances to a planned neighborhood shopping center on the same street shall not be closer to each other than one hundred (100) feet.

C.

Entrances to developments not meeting the criteria of a planned neighborhood shopping center shall meet the requirements of Section 18-8-1-803 of this code and Figures 6, 7, and 8 of this chapter.

(Ord. 2008-45, Amended, 07/24/2008)

Editor's note— Ord. No. 15-25, § 4, adopted Sept. 8, 2015, repealed § 18-5-9-598, which pertained to landscaping. Section 1 of said ordinance amended § 18-4-1-415 with similar provisions. See also the Code Comparative Table and Disposition List.