The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a building customarily incidental and subordinate to the main building and located on the same lot with the main building.

Accessory use means a use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same premises.

Advertising sign or structure means any cloth, card, paper, metal, painted glass, wooden, plastic, plaster, stone sign, flashing or illuminated portable sign, flags, tinsel, balloons, banners and other promotional types, or other statuary, placed for outdoor advertising purposes on the ground, or on any tree, wall, bush, rock, post, fence, building, pole, wire or other support, including structures. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, suspending, flying or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure other than a sign shall be determined as the area of the largest cross section of such structure. Neither direction, warning nor other signs posted by public officials in the course of their public duties, nor merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this definition.

Agriculture means the use of land for agricultural purposes including farming, pasturage, horticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities; and provided further, that the above uses shall not include the commercial feeding of garbage to swine or other animals.

Alley means a public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

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

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

Base flood means the flood which has a one percent chance of being equalled or exceeded in any given year (100-year flood).

Basement means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Building means any roofed structure, enclosed or not by walls, intended for shelter, housing, or enclosure of persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate structure.

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

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

Child care center means any place, structure or institution licensed by the state which receives 13 or more children under the age of 18 years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public or private schools organized, operated or approved under the state laws; custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person or to churches or other religious or public institutions caring for children within the institutional building, while their parents or legal guardians are attending services, meetings, or classes, or engaged in church activities. Structures designated or classified as child care centers shall comply in all respects with article IV of this chapter and meet licensing requirements of the state department of human services.

Child (day) care home means a family home or structure in a residential neighborhood that provides monetary compensated day care and protection for 12 or fewer children under the age of 18 years, for any part of a 24-hour day. A day care home shall not include informal arrangements which parents or guardians make independently with neighbors or relatives or friends, nor does it include caretakers in the child's own home. It is required to be licensed by the state and meet requirements of the state department of human services.

Clinic, veterinarian, means a veterinarian practice designed to be restricted to the medical treatment of, or indoor boarding of, nonagricultural animals, or small animal household pets only. Restricted small animal clinics must also meet the following conditions in addition to screening requirements:

(1)

These facilities shall not be permitted within 100 feet of residential districts on any side.

(2)

Plans and specifications for proposed facilities shall detail provisions for soundproofing, avoidance of odors, and satisfactory sanitary services. These plans shall be submitted to the city planning and engineering offices for review.

(3)

There will be no outside animal storage or runs. All animals will be kept indoors behind solid structured soundproofed walls.

(4)

Such facilities shall be restricted to treatment of common household pets, further defined as animals that could be expected to live indoors in a residential dwelling.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

District means any section of the city for which regulations governing the use of buildings and premises or the height and area of buildings are uniform.

Dwelling means any building, or portion thereof, which is designated or used as living quarters for one or more families, but not including house trailers.

Dwelling, multiple, means a dwelling designed for occupancy by three or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort-type hotels.

Dwelling, single-family, means a dwelling designed to be occupied by one family.

Dwelling, two-family, means a dwelling designed to be occupied by two families living independently of each other.

Family means one or more persons related by blood or marriage or adoption, or a group (not to exceed five persons) not all related by blood or marriage, occupying the premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boardinghouse or lodginghouse, hotel, club or single dwelling for group use.

Fencing means screening as an opaque, solid ornamental fence or wall, designed and built to be in harmony and conformance to the surrounding buildings and uses within the district where it is located, displaying no advertising signs or letters and maintained in a proper state of repair.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of lakes, streams, rivers or any other inland waters; or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard boundary map (FHBM) means an official map of a community issued by the U.S. Department of Housing and Urban Development Federal Insurance Administration, where the areas having special flood hazards have been designated as zone A.

Flood insurance rate map (FIRM) means an official map of a community, on which the U.S. Department of Housing and Urban Development Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floor area, gross, means the sum of the gross horizontal areas of all of the floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings, and including, but not limited to, the following spaces:

(1)

Basements.

(2)

Elevator shafts and stairwells at each floor.

(3)

Floor space for mechanical equipment with structural headroom of seven feet.

(4)

Penthouses.

(5)

Attic space providing headroom of seven feet or more.

(6)

Interior balconies, mezzanines and enclosed covered porches and enclosed steps.

(7)

Accessory uses in enclosed covered space, but not including space used for off-street parking.

Floor area, net, means the total floor area within a building devoted to or intended to be devoted to a particular use, with structural headroom of seven feet or more, whether above or below the finished lot grade, excluding the following:

(1)

Elevators, stairwells, hallways, walls and partitions.

(2)

Floor space permanently devoted to a parking space, mechanical equipment, closet, washroom, or other item permanently preventing the floor space from being occupied by persons while engaged in the use.

Garage, private, means an accessory building or a part of a main building used only for storage purposes; for no more than four automobiles; or for a number of automobiles which does not exceed 1.5 times the number of families occupying the dwelling unit to which such garage is accessory, whichever number is greater.

Garage, public, means any garage other than a private garage, available to the public, used for the care, servicing, repair or equipping of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.

Gasoline orfilling station means any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels, but not butane or propane fuels, or other automobile accessories, and which may or may not include facilities for lubricating, washing, cleaning, or otherwise servicing automobiles, but not including the painting thereof.

Habitable floor means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a habitable floor.

Home occupation means that occupation or profession which is carried on by the inhabitants residing at and inhabiting the dwelling; is clearly incidental and secondary to the primary use of the dwelling for dwelling purposes; does not change the character of the dwelling in any manner; does not increase congestion on nearby streets, and is conducted entirely within the main or preexisting accessory buildings, provided that the accessory building shall have existed for at least one year previously; and provided that such occupation or profession does not:

(1)

Offer for sale or display any items or goods on the premises; does not involve any type of retail trade on the premises; and does not trade in merchandise other than that which is crafted within the building.

(2)

Utilize any mechanical equipment which creates a disturbance such as noise, dust, odor or electrical disturbance, or emit noise, dust or odor outside the structure.

(3)

Store or display outside the confines of the dwelling or accessory buildings any goods, material or equipment.

(4)

Display any merchandise or advertising sign more than two feet square in area, which must be attached to the main or accessory building, and which must be nonilluminated.

(5)

Exceed ten percent (10%) of the gross area of the main building. Tearooms, restaurants, rest homes, ceramic or upholstery shops, clinics, doctor's or dentist's offices, barbershops or beauty shops, child care centers, tourist homes, cabinet, metal, gunsmith, taxidermy, service shops, repair shops, or any kind of shop or store, are specifically excluded from this definition.

Any violation of the foregoing restrictions shall be considered a violation of the city codes and punishable as an offence, and further shall be considered a nuisance subject to abatement procedures.

Hospital, veterinarian, means a veterinarian practice designed to accept, treat, indoor or outdoor board, both large and small animals, including those animals most commonly associated with and for agricultural purposes.

Housing, specialized.

Apartment house or multiple-family dwelling means a building designed for occupancy by three or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels and flats, but not including auto or trailer courts or camps, hotels, or resort-type hotels.

Boardinghouse means a dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more, but not exceeding 12 persons.

Condominium or townhouse means single-family dwelling units on platted lots, detached, semidetached or attached, at the side in a structure of not less than four nor more than ten such dwelling units, each of which shall have a front and rear entrance, a private outdoor area, access to common open space, and is designed to be owned and occupied individually and separately.

Dependent life care facilities (convalescent/nursing/rest homes) means facilities that are designed for older persons who need a wide range of health and support services, including personal nursing care, without having to leave the supportive environment. Dependent life care facilities generally include any place or institution which makes provisions for bed care, or for chronic or convalescent care for one or more persons, exclusive of relatives, who by reason of illness or physical infirmity are unable to properly care for themselves. All dependent life care facilities shall be construed as a medical use.

Garage apartment means a dwelling unit for one family erected above or attached to a private garage within an appropriate residential district.

Group home means a number or collection of unrelated individuals forming a social unit by assembling together, having some unifying relationship, or regarded as an assemblage with a shared element in common, occupying an establishment or domicile that provides residence and/or special care on a 24-hour-per-day basis. Group homes shall be licensed by a state agency for the type of care or accommodations that are to be provided. The absence of such license by a group home shall be grounds for denial for location within a residential district. All group homes will be subject to a use permitted after review hearing prior to establishment.

Hotel, motel or transient residential, means a building or group of buildings under one ownership intended for transient use as sleeping accommodations with the primary compensation derived from providing this lodging. These structures shall consist of one or more sleeping rooms occupied, intended or designed primarily to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including an auto or trailer court or camp, or any sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint. All accessory residential uses incidental to commercial establishments are prohibited, including a night watchman or employee residing overnight on the premises.

House trailer means any portable or mobile vehicle used or designed to be used for living purposes and with its wheels, rollers or skids in place.

Independent living options (retirement centers; elderly complexes) means apartments of condominium developments or multiple-family structures reserved for and primarily occupied by independent older persons, including design features making them fully accessible for elderly persons with physical handicaps, but who are considered to be independent. Such centers shall generally consist of individual apartments, community dining centers and common recreation areas. Older citizens living in such housing generally desire privacy and independence and only need limited support services. Independent housing facilities shall not be considered as a medical use.

Roominghouse means a building where lodging is provided for compensation for no more than five persons. All in excess of this number shall be defined as a hotel under the terms of this article.

Junk means used, broken, discarded or abandoned materials. The term "junk" includes wood, paper, glass, rags, rubber, metal, concrete, plastic, wood or other personal property, whether of value or valueless. The term "junk" also includes automobiles or machines of any type and/or parts thereof, which are no longer in operable condition.

Junkyard operation means the sale, storage, display, dismantling or demolition of junk as defined in this section.

Kennel means any lot, premises, shelter, or establishment on which more than four dogs, cats or other animals older than 12 weeks are kept, even if the purpose is not for the breeding or boarding of said animals. Humane Society activities shall be construed as meeting the definition of a kennel.

Landscaping means the planting and maintenance of trees, shrubs, lawns, and other evergreen ground cover or material including accessory materials utilized to accent or complement vegetation within open spaces immediately contiguous to parking areas or streets.

Lodges and other service institutions means a building or group of buildings intended or designed to be used only for special or seasonal uses by persons with common association or interests, such as fraternities, Masonic lodges, Boy Scouts, Red Cross, etc.

Lot means any plot of land occupied or intended to be occupied by one building, a group of buildings, and its accessory buildings, and uses, including such open spaces as required by this article and other laws or ordinances, and having its principal frontage on a street, and further defined as follows:

Area means the total area measured on a horizontal plane included within lot lines.

Corner means a lot of which at least two adjacent sides abut for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.

Depth means the average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.

Double frontage means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

Frontage means that dimension of a lot or portion of a lot abutting on a public dedicated street, excluding the side dimension of a corner lot and one end of a double frontage lot.

Interior means a lot other than a corner lot.

Lines means the lines bounding a lot as defined in this section.

Manufactured housing. See Mobile home.

Medical facilities.

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

Hospital means an institution providing health services primarily for human inpatient medical or surgical care of the sick and/or injured and including related facilities such as laboratories, outpatient department training facilities, central service facilities and staff offices which are an integral part of the facilities.

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

Sanatorium means an institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.

Mixed beverage establishments means a business or operation allowing mixed beverages as defined and permitted by the state alcohol control board.

Mobile home or manufactured housing means a structure, transportable in one or more sections, which is built on a permanent chassis, designed to be used with or without a permanent foundation when connected to the required facilities.

Mobile home court means a parcel of land under single ownership which has been planned and improved for a placement of mobile homes for nontransient use.

Mobile home lot means a parcel of land for the exclusive use of the occupants of a single mobile home.

Mobile home park or mobile home subdivision means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale, for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets).

Mobile home stand means the part of an individual lot which has been reserved for the placement of the mobile home.

Modular housing means structures designed to meet all city building codes and generally constructed at one location with standardized units or dimensions for flexibility and variety in use, containing all electrical and plumbing components, then transported to a different site for actual assembling.

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

Open porch means a porch which has no side or front walls, screens or other enclosures, except structural roof supports where a roof is provided.

Planned unit development means the planned unit development (PUD) overlay district which is a zoning district offering development of a unified design for housing, commercial, industrial and institutional uses in a combination of densities and varieties of functions; which, by design, would intend to hold one developer responsible for all improvements and construction.

Professional office means the office of persons engaged in the practice of the following recognized professions: law, accountancy, architecture, chiropody, chiropractic, dentistry, engineering, medicine (other than veterinary medicine), optometry, osteopath, healing arts, electrology, real estate broker, insurance and funeral homes.

Salvage yard means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled or stored, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including places where such uses are conducted entirely within a completely enclosed building.

Satellite dish (communication) antenna means a large, generally metallic device incorporating a reflective surface that is solid, open mesh, or bar configured; and is in the shape of a shallow, concave, round dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. The term "satellite dish" includes, but is not limited to, what are commonly referred to as satellite earth stations, TVRO's, and satellite microwave antennas.

Self-service laundry or drycleaning establishment means any attended or unattended place, building or portion thereof available to the general public for the purpose of washing, drying, extracting moisture from or drycleaning wearing apparel, cloth, fabrics and textiles of any kind by means of mechanical appliances which are operated primarily by the customers on the premises.

Start of construction means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include the excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes, not within a mobile home park or mobile home subdivision, start of construction means the affixing of the mobile home parks or mobile home subdivision, and is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

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

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

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

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

Street, major, means an arterial street which is designated on the major street plan and designed to carry intercity traffic and to relate the various neighborhoods within the city.

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

Structure means anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started; or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Travel trailer or recreational vehicle court means land or property which is used or intended to be used or rented for occupancy by one or more trailers or recreational vehicles which are intended as movable sleeping quarters.

Variance means a relaxation of the terms of this article, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this article would result in unnecessary and undue hardship. A variance is authorized only for height, area and size of structure of yards and open spaces. Variances shall not be sought for the establishing or expansion of a use otherwise prohibited, nor shall a variance be granted because of the presence of nonconformities in the zoning district, or adjoining zoning district.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except where otherwise specifically provided in this article that an accessory building may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line (or street right-of-way line) and the main building shall be used. Definitions are as follows:

(1)

Front means a yard located in front of the front elevation of a building and extended across a lot between the front property line and the main building or any projection thereof, other than steps.

(2)

Rear means a yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

(3)

Side means a yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot property line and the side of the main building or any projections other than steps.

(Code 1993, § 62-107; Ord. No. 1843, § 1(art. II, § 2), 2-14-1989; Ord. No. 2155, § 1, 7-23-2002; Ord. No. 2821, § 1, 9-24-2024)

A violation of this article shall be deemed a misdemeanor and shall be punishable by fine. Any person who violates or refuses to comply with any of the provisions of this article may be fined as provided for in section 1-9. Each day that a violation is permitted to exist constitutes a separate offense.

(Code 1993, § 62-108; Ord. No. 1843, § 1(art. VII, § 4), 2-14-1989)

The city's zoning ordinance was originally adopted on July 22, 1968, by Ord. No. 1243. Provisions in this article (this article being derived from Ord. No. 1843, adopted February 14, 1989, as amended) found in such original zoning ordinance are not to be construed as being amended or changed by either the adoption of Ord. No. 1843 or an amendment thereto or the codification of such provisions in this article.

(Code 1993, § 62-110; Ord. No. 1843, 2-14-1989)

This chapter is enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and general welfare of the present and future inhabitants of the city; and to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate provisions of adequate facilities for transportation, water, sewage, schools, parks and other public requirements; and to promote a more homogeneous relationship of land use within the incorporated limits of the city; to protect property values; and to regulate the use of the land and to promote the orderly development of the community in accordance with the comprehensive plan as adopted by the planning commission and approved by the city council; and all other accepted purposes of zoning.

(Code 1993, § 62-111; Ord. No. 1843, § 1(art. I, § 2), 2-14-1989)

State Law reference— Purpose of zoning ordinances, 11 O.S. § 43-103.

This article classifies and regulates the use of land, buildings, and structures within the city limits of the city as hereinafter set forth. The regulations contained herein are necessary to promote the health, safety, convenience and welfare of the inhabitants by dividing the city into zones and regulating therein the use of the land and the use and size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, density of population and location of buildings.

(Code 1993, § 62-112; Ord. No. 1843, § 1(art. I, § 3), 2-14-1989)

(a)

As provided under 11 O.S. § 43-108, any provision or regulation of this article imposing higher standards than any other applicable statute, local ordinance or regulation shall govern.

(b)

As concerns interpretation and application, the provisions of this article shall be held to be minimum requirements. Where this article imposes a greater restriction than is imposed or required by other provision of law, or by rules or regulations or ordinance, the provision of this article shall control.

(Code 1993, § 62-113; Ord. No. 1843, §§ 1(art. I, § 4), 2, 2-14-1989)

(a)

The Moving McAlester Forward 2040 Comprehensive Plan for the City of McAlester, Oklahoma, dated September 2019, as attached originally and on file in the city clerk's office and made a part of this chapter is hereby adopted.

(b)

The Moving McAlester Forward 2040 Comprehensive Plan is hereby stated to be adopted for the purpose of providing for the orderly development of the community.

(Code 1993, § 62-1; Ord. No. 1871, § 1(21.1), 8-27-1991; Ord. No. 2668, § 1, 9-24-2019)

(a)

Permit required. It shall be unlawful for any individual or organization to fill in land within the city unless a permit is issued by the city. An application for permit shall be filed with the city and shall specify the type of material, location, depth, compaction and cover material to be used in the fill.

(b)

Permissible fill material. Fill material shall consist of natural soil, earth, clay, gravel, loam, stones, bricks, brickbats, plaster, Portland cement, glass, cinders, metal chips and other noncombustible waste material as specified in section 106-323.

(c)

Exceptions. Exceptions to the requirements of subsections (a) and (b) of this section shall be:

(1)

A fill less than one foot in depth, and placed on natural terrain, with a slope flatter than five horizontal to one vertical, or less than three feet in depth not intended to support structures, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.

(2)

An excavation which is less than two feet in depth, or which does not create a cut of greater than five feet in height and steeper than 1.5 horizontal to one vertical.

(Code 1974, § 18-68; Code 1993, § 62-2)